Toulmin Analysis

ARTICLE 1 ABOLITIONIST VIEW

MLA
Janice G. Raymond PhD (2004) Ten Reasons for Not Legalizing
Prostitution and a Legal Response to the Demand for
Prostitution, Journal of Trauma Practice, 2:3-4, 315-332, DOI:
10.1300/J189v02n03_17
ABSTRACT
Since the 1980s, people have debated whether or not to legalize
prostitution. Some countries, including the Netherlands and
Germany, have legalized and decriminalized prostitution, allowing
brothels and pimps to operate. Other countries, including Thailand
prohibited prostitution on the legal level, yet still allowed
prostitution. Finally, countries like Sweden have completely
abolished prostitution, penalizing the buyers and at the same time
protecting the women, who are perceived as the victims. However,
legalization of prostitution causes harm to women, greatly expands
the sex industry and enslaves women who are in prostitution. By
legalizing and decriminalizing prostitution, the government allows
for an increase in sex trafficking, the sex industry, child
prostitution, violence against women, etc.

CLAIM: Prostitution should not be legalized nor decriminalized.

REASON 1: Legalization and decriminalization of prostitution
increases sex trafficking.
GROUNDS: According to a report in 1999 by the Budapest Group, in
the brothels of Netherlands, 80% of the women were trafficked from
other countries. The International Organization of Migration also
stated in 1994 that in just Netherlands, about 70% of trafficked
women came from Central and Eastern European Countries.
According to Non- Governmental organizations in Europe,
traffickers in the Netherlands who have obtained work permits, use
their acquired status to bring more foreigners to the Dutch sex
industry. Ever since the legalization of brothels, 8 Dutch victim
support organizations showed an increase in the number of women
being trafficked into the Netherlands. In Germany, after legalizing
prostitution in 1993, 70% of women that were in the sex industry
were reported to be foreigners from South American countries
(Raymond, 318).

REASON 2: Legalizing and decriminalizing prostitution increases
illegal and street prostitution.
GROUNDS: From 1998 to 1999, illegal brothels in Victoria, Australia
has tripled in numbers. In New South Wales, after the brothels were
decriminalized in 1995, the number of illegal brothels in Sydney
Australia tripled to 400-500 by 1999 (Raymond, 321).

REASON 3: Legalizing and decriminalizing prostitution increases
child prostitution.
GROUNDS: According to the Amsterdam - based ChildRight
Organization, it is estimated that the number of children in
prostitution has increased by over 300% between 1996 and 2001. In
1996 there were 4,000 children in prostitution, and that number has
increased to 15,000 in 2001. ChildRight also estimates that at least
5000 children are trafficked from foreign countries, mostly from
Nigeria. According to research conducted by End Child Prostitution
and Trafficking (ECPAT), child prostitution increased dramatically
in Victoria, Australia, where prostitution is legalized, in
comparison to other Australian states where prostitution is
abolished (Raymond, 321).

REASON 4: Legalizing and decriminalizing prostitution does not
protect the women who are in prostitution.
GROUNDS: 2 studies interviewed 186 victims suffering from sexual
exploitation, who claimed that sex establishments, whether legal or
illegal, did little to protect them, and only worried about protecting
the customers and making them happy (Raymond, 321). One study
has interviewed 146 women that were trafficked in 5 countries. 80 %
of those women said that they were physically abused by the pimps
and buyers, and they had physical health problems as a result
(Raymond, 322).

REASON 5: Prostitution does not promote women's health.
GROUNDS: By legalizing prostitution, the government enables
prostitutes to have health checks. Yet the men who are customers do
not have health examinations, and therefore could easily pass STDs
to prostitutes. Some people believe that legalization enforces condom
use. However in one study in the US, 45% of prostitutes said that men
expected to have sex without condoms, 73% said that the men would
pay more money for the right to not use a condom, and 45% said
that the men would be abusive if the prostitute insisted on using a
condom (Raymond, 323).

REASON 6: Legalizing and decriminalizing prostitution does not
enhance women's choice.
GROUNDS: Most people enter prostitution because they have a need to
survive, and have no other option. In one study, 67% of a group of
law enforcement officials said that women did not enter
voluntarily. Also, 72% of social workers stated that women did not
enter voluntarily (Raymond, 324). According to a 1998
International Labor Organization report stated that in a survey of
4 countries, women worked 'with a heavy heart,' 'felt forced,' or were
'conscience stricken' having negative identities about themselves
(Raymond, 325).
WARRANTS
1. Sex trafficking should decrease.
2. Illegal and street prostitution should be decreased.
3. Children should not be forced into prostitution and child
prostitution should be prohibited.
4. Women in prostitution should be protected.
5. Womens health should be protected.
6. Women should have a choice.
REBUTTAL

Some claim that legalized prostitution allows women to move
indoors where they can be safe. However many women prefer street
prostitution where they cannot be controlled and exploited.
Legalization might actually move people into the streets. There is
also a claim that illegal prostitution decreases. Yet, as a result of
legalization, women have to register for prostitution, therefore
losing their anonymity, and are afraid of the stigma of being a
"whore." Therefore most prostitutes still operate illegally and
underground (Raymond, 320). From 1998 to 1999, illegal brothels
in Victoria, Australia has tripled in numbers. In New South Wales,
after the brothels were decriminalized in 1995, the number of
illegal brothels in Sydney Australia tripled to 400-500 by 1999
(Raymond, 321).

QUALIFIER
By using sentences such as "Thus, legalization may actually drive
some women into street prostitution" and suggested that brothels
actually deprive women of what little protection they may have been
on the street, (20), Raymond strengthens his claim. By stating that
legalization may only move some women into street prostitution,
Raymond considers the women that do not move to the streets as a
result of legalization. Similarly, by suggesting instead of stating
that brothels take away womens protection, he considers the views of
the people who oppose his argument.

ARTICLE 2 PROHIBITIONIST AND ABOLITIONIST VIEW
MLA
Day, Shelagh . "Prostitution: Violating the Human Rights of Poor
Women." Action ontarienne contra la violence faite aux
femmes. N.p., n.d. Web. 17 Apr. 2014.
<http://aocvf.ca/documents/Prostitution-
v.angl_FINALE_WEB.pdf>.

ABSTRACT
There are two views of prostitution. The first is a feministic and
liberal view that proposes that prostitution causes violence to
women, and should be abolished. The second view is supported by
advocates for legalization and decriminalization of prostitution,
and states that prostitution is just sex between consenting adults
and should be considered as work. According to a study conducted
by Melissa Farley and other researchers, prostitution does indeed
cause harm and violence to women. In addition, many people who
currently are in prostitution entered it forcefully at a young age,
and wish to be free. Prostitution causes a social harm publically to
others, as well as imposing physical and verbal violence to
prostitutes themselves. Women in prostitution cannot be recognized
as workers, because prostitution does not fit under the definition of
"work," but rather implies slavery and servitude. Existing
employment laws do not help women who are in prostitution. The
Parliamentary Committee in Canada views that people should be
prevented from entering prostitution through educational
programs, sexual exploitation of minors should be criminalized,
victims of trafficking should be assisted, etc. There have been
constitutional challenges against prostitution, most of them
revolving on the question of whether or not the government should
make decisions regarding prostitution. When deciding on whether
prostitution should be legalized or abolished, it is important to ask
yourself if women in prostitution have a right of consent, and if
their consent is relevant. Overall, the only way to prevent people
from entering prostitution, help them out of prostitution, and
prohibiting the purchase of women is to abolish prostitution.
CLAIM
Prostitution should be abolished.
REASON 1: Prostitution causes violence to women in the forms of
sexual, physical, psychological assaults, verbal threats, kidnapping.
GROUNDS: In 9 countries, Melissa Farley interviewed 854 people that
are currently or recently were prostitutes. 71% of people were
physically assaulted, 63% were raped, 68% suffered from
posttraumatic stress disorder (Day, 29). Out of the Canadian women
interviewed, 91% were physically assaulted in prostitution and 75 %
were injured during prostitution. Injuries included stabs, beatings,
concussions, broken bones, head injuries, etc. In addition, of all the
participants, 88% were verbally abused (Day, 30).

REASON 2: Prostitution recognizes women as slaves rather than
"workers."
GROUNDS: According to the International Labour Organization,
any form of work that relates to slavery, like forced marriage and
sales of women, is not acceptable and should be prohibited, because
it cause harm to the people involved. "Under the International
Covenant on Economic and Cultural Rights, every person has the
right to 'just and favourable conditions of work,' and to 'work that is
freely chosen,'" and prostitution is nether just, favorable, or freely
chosen. In addition, according to the International Labour
Organizations 1998 Declaration of Fundamental Principles and
Rights at Work, humans have the right to be free from forced labor
and to be free from discrimination (Day, 38). Many forms of
prostitution, such as trafficking or illegal brothels force women into
prostitution and simply discriminate them as whores who do not
have a future. Shelagh Day considers prostitution "as a slavery - like
relationship, not labour, due to the fact that it sells the person or
essential elements of a woman's personality or personhood, rather
than simply skills or human energy" (39). Therefore, prostitution is
not necessarily sex work, and prostitutes are not workers, as
claimed by the advocates of legalized prostitution, but rather a
form of slavery that should be abolished.

REASON 3: Most women who are in prostitution want to leave
prostitution, seeking assistance to do so. Rather than legalizing
prostitution, the government should abolish it, and assist people to
better lives.
GROUNDS: In Farleys study in 9 countries, and in Canada alone,
hundreds of prostitutes were interviewed on their opinions. From the
854 correspondents of the 9 countries, 89% wanted to leave
prostitution, 75% needed a home or safe place to live in, 76% needed
job training, 47% needed drug and alcohol treatment and 61%
needed health care. From 100 correspondents of Canada, 95%
wanted to leave prostitution, 66% needed a home or safer place to
live in, 67% needed job training, 82% needed drug and alcohol
treatment, and 41% needed health care. Other needs included
counseling and support, legal assistance, and physical protection
(Day, 33). According to this study, most prostitutes claimed that
they prefer to leave prostitution with assistance. Prostitution should
be abolished, so that they can live free and healthy lives.

REASON 4: Prostitution imposes a social harm. It exposes children to
prostitution in the streets, leaves used condoms in public, raises
noise and disruption.
GROUNDS: None stated.

REASON 5: Prostitution deprives women of equality and makes them
subordinate to men.
GROUNDS: None stated.
WARRANTS
1. Women should not be faced with any forms of violence, including
sexual, physical, mental and verbal violence.
2. Women should not be recognized as slaves.
3. Because most women want to leave prostitution, it should
automatically be abolished. It is assumed that any forms of
assistance is better than prostitution for women.
4. People, including children in school or parks, should not be
exposed to prostitution in any way.
5. Women should be treated equal to men. It is assumed that women
can never be subordinate to men.
REBUTTAL
Advocates of legalization of prostitution claim that legalization
and decriminalization allow women to be indoors, which is a much
safer and less violent place than outdoors. However, it is a fact that
as legalization of prostitution expands, so does illegal prostitution.
According to the article, one study was conducted to measure the
amount of violence that 222 women faced in indoor and outdoor
prostitution in Chicago, Illinois. Results showed that violence
occurred in both outdoor and indoor prostitution. Therefore it is
inaccurate to describe indoor prostitution as harmless (Day, 31).
The author can overpower this argument with his article.

People can also argue that women enter the world of prostitution on
their own choice as consenting adults, who are content with their
decision. Yet the Farley study of women from 9 countries in 5
continents, 47% of the participants had entered prostitution before
age 18, 63% had been sexually abused as a child, 75% were homeless,
89% wanted to leave prostitution (Day, 33). By using these statistics,
the author portrays that the opposing argument is irrelevant.


Decriminalization and legalization advocated would claim that
some women around the globe do not have the opportunities to work
and make money to economically support themselves, and therefore
should have the choice to use their bodies to satisfy their economic
needs. Shelagh Day made his argument weak by not including any
statistics regarding these women and not proposing alternative
solutions besides prostitution that these women can use to
economically support themselves.

QUALIFIERS
Day's argument lacks qualifiers, therefore indicating weakness and
doubt of his claim. Day hardly uses words such as "most," "usually,"
and "sometimes." In his argument, Day portrays that the
elimination of prostitution is the "only approach that is consistent
with the legal concept of substantive equality and with feminist
understandings of violence against women. It is also the only legal
approach that appears to have any record of reducing the harms of
people" (60). By stating that the abolition of prostitution is the
"only" strategy to help women, the author does not consider the views
of people who may think otherwise.

ARTICLE 3 LEGALIZATION VIEW
MLA
Kristof, Nicholas D., and Sheryl WuDunn. Half the sky: turning
oppression into opportunity for women worldwide. New York:
Alfred A. Knopf, 2009. Print.

ABSTRACT
Nicholas Kristof and Sheryl WuDunn discuss the differences between
legalization of prostitution and its abolition. Cities like Stockholm
and Mumbai, who have abolished prostitution, have been successful
in decreasing the number of prostitutes greatly. Yet, cities like the
Amsterdam and Kolkata, who have legalized and regulated
prostitution, claim that they have been successful in decreasing the
spread of AIDS. They also claim that they allow for regular checks of
brothels so that underage girls can be taken away from prostitution.
Yet, like in the Sonagachi Project, sex workers would hide the
underage girls, rather than exposing them to officials, continuing
the tradition of forced child prostitution.

CLAIM: Prostitution should be legalized.

REASON 1: By legalizing prostitution, health workers can pass out
condoms to sex workers, and decrease the spread of STDs.
GROUNDS: The Sonagachi Project was established in 1992 in
Kolkatas district of Sonagachi. In Sonagachi, where prostitution is
legalized, there are hundreds of multistory brothels. The Sonagachi
project used a group of sex workers, called Durbar Mahila
Samanwaya Committee (DMSC), to encourage the use of condoms in
brothels. According to one study, the Sonagachi Project increased
the use of condoms among prostitutes by 25%. Another study
conducted in 2005 stated that just 9.6% of Sonagachi prostitutes had
HIV, in comparison to the 50% HIV prevalence among the prostitutes
in Mumbai, where prostitution was not legalized (Kristof, WuDunn,
27).

REASON 2: By legalizing prostitution, officials can openly access
brothels, which allow them to regularly check for underage girls.
GROUNDS: None stated.

WARRANTS
1. There should be a decrease in STIs among sex workers and
customers. This belief guarantees that a lack of STI causes better
health among people.
2. Underage girls should not be permitted in brothels or involved in
prostitution.

REBUTTAL
Opponents of legalization of prostitution could easily argue that
legalization of prostitution does not prevent underage girls from
prostitution. In the book, Nicholas Kristof stated that he himself
toured the Sonagachi brothels as if he was a potential customer. He
discovered that the customers can pay a little more money for a
right not to use a condom (29). When he entered the brothels, the
guards shouted inside that they had visitors, so that the underage
girls could be hidden. However, Kristof hurried inside and saw
many underage girls who were no older than 14. His experience
shows that legalization of prostitution does not guarantee that
underage girls will not be thrown into the world of prostitution.

QUALIFIER

Nicholas Kristof and Sheryl WuDunn incorporate sentences such as
they tend to lead nervous police to demand higher bribes, or we
can almost certainly reduce the number of fourteen year old girls
who are held in cages (27). By using words such as tend or
almost, they strengthen their claim because they consider the views
of others. For example, in the first sentence, they consider that some
people view that banning prostitution does not promote the police
officials to demand for higher bribes. In the second sentence, the
authors consider the views of those that think that child prostitution
will not be reduced.