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Liberalism and Prostitution$
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Peter de Marneffe

Print publication date: 2009

Print ISBN-13: 9780195383249

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780195383249.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 November 2020

Individual Rights

Individual Rights

(p.107) 4 Individual Rights
Liberalism and Prostitution

Peter de Marneffe

Oxford University Press

Not all paternalistic prostitution laws violate individual rights. Some abolitionist and regulationist policies violate no one's rights. Although sexual freedom is a basic liberty, this does not settle the issue of whether a prostitution law violates someone's rights. Rights are valid moral principles. Some rights are grounded on individualistic moral reasoning; others are grounded on sound generalizations about reasons. Paternalistic abolitionist and regulationist policies in some form are consistent with individualistic forms of reasoning because they are consistent with the burdens principle. Some paternalistic prostitution laws are consistent with any sound generalization about paternalistic reasons for the government to limit individual liberty.

Keywords:   individual rights, basic liberty, burdens principle, paternalism

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