"If prostitution is to be criminalized as degraded work, much other work in the United States, a fortiori, would have to be criminalized

先程の議論 はしょりすぎたので、ちょっと引用しておこう。
Sex, Drugs, Death, and the Law: An Essay on Human Rights and Overcriminalization
by David A.J. Richards (Author)

p108 

 Commercial sex is condemned as a sale of body-parts, but this is, of course, not actually true. Commercial sex is no more the sale of sexual organs than is the sale of a mover's muscles or a model's beauty or a lawyer's legal talent. It is.a gross misdescription to call commercial sex, on the one hand, a "sale, "and, on the other, to denominate the latter as "services."" Both the one and the others are most accurately described as services. So construed, the condemnation of commercial sex as a service would surely require the condemnation of others as well. If it is argued, for example, that commercial sex in some way degrades the talents of the prostitute because the prostitute is emotionally alienated, -"the same arguments could be made, perhaps more strongly, about other forms of service that our economy not merely tolerates but encourages. "Prostitutes clearly perform an important social service; many people find with them a kind of personal release and solace not otherwise available to them;"' and many prostitutes perform complex supportive and even therapeutic roles for their patrons in addition to sexual services."^ It is difficult to regard such services as intrinsically degraded: the work is no more emotionally detached than much other contemporary work and may be less so."" It is often well and fairly paid," and the needs served are deep and real. Many forms of factory work in the United States unnecessarily involve repetitive boring tasks that create an emotionally alienated work force and, in a plausible sense, degrade capacities for committed and engaged work." Many people in highly remunerated service professions engage in boring, sometimes socially wasteful work that they know sacrifices their better talents and that leads to deep alienation and emotional detachment. If prostitution is to be criminalized as degraded work, much other work in the United States, a fortiori, would have to be criminalized. We are not prepared to do so in the latter case because of considerations that apply to prostitution as well: in a society committed to equal concern and respect for autonomy, people are entitled to make choices for themselves as to trade-offs between alienation, -social service, and remuneration. We certainly can criticize these decisions, but we do not regard criminalization as an appropriate expression of our condemnation. It is impossible to see how sexual services can be distinguished from other cases.

　比較的古い本だが議論は古くなっていない、と思う。

　性産業は肉体や才能を売る商売かもしれないが、引越し業者だって、モデルだって弁護士だって同じ。下劣な商売だという人もいるが、他では得られない解放感や慰めを得ることができるし、性的サービス以外にセラピー的役割を果たすセックスワーカーも多い、これを下劣で品がない商売ということはできまい、と。かりに性産業が下劣なら単純労働の工場での仕事はもっと非人間的なものであり、こうした他の職業も犯罪だ、といわなければならないことになる、と。

ｐ１１０ 

In this connection, Kant, followed by Marxists" and. recent feminists, -"argues that in the sexual area there is a unique evil in treating another person as an object, and that commercial sex is the most degraded example of such objectification. Sexual relations of all kinds do, of course, involve making the sex partner the object of one's sexual interests, but it is a rather silly equivocation on the notion of sex object to conflate this uncontroversial truth with the moral claim that sex necessarily treats the partner as a nonperson. In many human relationships, we take other persons as the "objects" of our endeavors, but this grammatical truth says nothing about the morality of our endeavors, which may be highly humane and morally sensitive. -In having sex, our partner is the object of our sexual interests, but the moral character of the intercourse will depend on many background factors. Among lovers, the morality of the intercourse may depend on exquisite issues of awareness of and sensitivity to giving and receiving reciprocal pleasure. Among nonlovers, the moral issues may center on issues of the nature of mutual understanding. In commercial sex, presumably a subcase of nonlovers, a crucial issue will be the fairness of the bargain, determined by the nature of the service and the money paid. There is no reason why the morality of a sexual relationship may not, like any other commercial service, be judged in　this way. 

　性産業では、「性の対象化」されているという人がいるが、しかし、普通の恋人同士のセックスでも相手の肉体は性的対象になっている。問題は相手を一個の人格として扱うかどうか。恋人同士では、相手に気合って相互に快感を与えあっているかどうか、恋人以外とのセックスでも、相互に理解しあっていることは必要だし、商業的セックスでは、サービス内容について交渉が公平、明瞭でしっかりと守られているか、どうかなどが相手を一個の人格、人間としてあつかっているかどうかの基準になるのではないか、と・・・意訳しておれの解釈を加えてまとめるとね。