I take it that you support decriminalization but not full-blown legalization, then.
Basically. That said, it's not a matter of not supporting full blown legalization. As a matter of fact, I don't think that the State can legalize prostitution. With St. Augustine I say that an unjust law is not a law, but rather a kind of violence. So yes, the State can make a "law," but if it contradicts a moral principle, then the "law" is unlawful.
As a matter of fact, I simply don't think that there can be such a thing as a business contract for sex. Sex can't be traded in a business sense. When you make a contract, you have a moral and a legal obligation to make good on your contract. If I pay you 10 dollars for your hat, I have a moral and a legal obligation to give you the 10 dollars, and you have a moral and a legal obligation to give me your hat.
This obligation can't exist in the case of sex. I mean, a general "obligation" can exist in the context of marriage, sure...but that's entirely different.
So...what's my stance with respect to the "legality" of prostitution? The best position that the State could have towards prostitution, I think, is merely to ignore its existence. There should be a law saying something to the extent of: "Prostitution does not exist in a legal sense."
You say there's no grounds for making it a crime. Then criminalizing it is deeply wrong.
Careful. I'm not convinced of this point. Even if something is not, in itself, unlawful in a moral sense, the State may still have a right to prohibit it. For example, the U.S. prohibited the sale of alcohol, even though there is nothing wrong, in itself, with it. For all that, was it wrong for the State to imprison people who broke the law? Well...maybe not. Having read the
Crito (Plato) and (short sections of) the
Leviathan (Hobbes), it occurs to me that the State may be justified in enforcing a so called "arbitrary" law.
I think it's interesting that Newman earlier said that the government has no special moral authority. Well, not quite. I don't have a right to do certain things to other people (for example, imprison them, take their money, etc.) because I have no moral claim to their person. At least to some extent, though, I have some moral claim to my own. If I were to tell you that I've wrongfully imprisoned myself or stolen my own property from myself, you'd rightly call me a madman. Well, likewise, the State, Hobbes argues, is identical to every man in the State. The American government is identical to every American citizen considered collectively.
Well, if the State and I are identical, then is it possible for the State, having imposed a law, wrongfully to imprison me when I break the law, as arbitrary as the law may be? No. That's the same as saying that I, having resolved to obey a certain resolution of mine and then broken that resolution, decided afterwards not to leave my home. Presupposing I still have access to all of the basic goods of human life and am still able to fulfill my obligations, it's not clear that I've wronged myself.
I, being identical to the State, have made the resolution that the State passed.
I, being identical to the State, resolved to punish myself if I broke that resolution.
Having broken the resolution, I, being identical to the State, resolved to punish myself.
My family members and friends, being identical to the State, discharged whatever obligations I may have had to them.
You see?
The only law that the State cannot make is one which breaks the Moral Law.