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Saturday, May 17, 2008

 

LAW AND PHILOSOPHY MATTER(S)
By Atty. Emmanuel Q. Fernando
Beauty and sex as commodities


In my article dated December 15, 2007 entitled, “Feminism, Beauty Pageants, and the Environment,” I pointed out that the feminist contention that beauty pageants treat women or their beauty as commodities lacked force when directed at Ms. Earth contestants. I explore that argument in this article to deal with the more controversial issue of treating women’s bodies or sex as commodities in the world’s oldest profession of prostitution.

A few days ago, I ended up (not by design, mind you) in the fortuitous circumstance of interviewing, in a family-oriented videoke bar, five stunningly pretty teen-age call girls enrolled in reputable Philippine universities, such as UST or Lyceum.

Always the curious one, I asked (discreetly of course) why they decided to pursue such a trade. They answered that they needed money for their college education.

I later found out that Glum (not her real name as are the other names to be mentioned) had a boyfriend who tolerated her trade. Upon suggesting that a sugar daddy, one who would finance her education in exchange for exclusive sexual intimacy, might be preferable, she replied that one had already propositioned her but her boyfriend objected. Later on, I found out that she would not refuse a sugar daddy’s offer so long as she could learn to love him.

On the other hand, Sensible, who was brought to and picked up from the bar by her boyfriend, apparently had one who did not object.

After further prodding, I learned that they would be willing to pursue the less morally objectionable calling of being a Playboy pin-up or a Hollywood model. The latter suggestion was not made hypothetically. A high school friend informed me that some talent agencies, whom he had access to, were interested in Filipina beauties.

Bubbles—the most fun-loving of the five, belting out song after song and readily dancing immodestly to entertain her appreciative male audience—responded affirmatively to my suggestions.

At that point, my messianic complex took over me and I imagined myself as their rescuing angel who would provide them a more respectable source of income. I was quickly brought down to earth when one of my companions confided: “Of course, they would accept. That would jack up their price as call girls.”

In my December article, I argued that the sale of beauty in certain contexts is morally permissible. This brings me to the central issue of this article: “Given that the sale of beauty and the sale of sex are not exactly equivalent, is there anything so anathematic about the latter, which renders it, unlike the former, morally unacceptable?”

The pragmatic feminist answers in the negative. She approves of beauty pageants because their prohibition would deprive many women a means of livelihood, an opportunity for advancement and an avenue of empowerment. Exactly the same point can be made about prostitution.

Still, it is pointed out that some things are not just meant for sale; they are, in the language of the law, outside the commerce of man. Prostitution is just as anathematic as slavery.

Various arguments can be made to support this point. According to conservative Catholics, sex should not be sold because it was meant exclusively for marriage. Yet, social scientists maintain that prostitution actually saves marriages. Many men are content to stay married so long as they can have extramarital commercial sex as well.

According to romanticists, sex should be experienced only by those in love. Granting the superiority of loving to loveless sex, various plausible responses can still be supplied. Some would advance that sex can be fulfilling and pleasurable even without love. Others would maintain that loving sex is a personal ideal which should not be imposed on others.

Still others would insist that it would be better to enjoy both loving and loveless sex. A person who enjoyed sex as part of loving relationships but was completely incapable of enjoying plain sex would seem to be missing out on something.

Feminist arguments are based on prostitution’s degradation of women. According to some feminists, prostitution degrades because a woman is used as a means by the client. That is not necessarily true. The transaction between them is actually a calculated exchange of goods, wherein the client may exhibit respect for the woman so long as the transaction is free from coercion or fraud.

According to others, performing something so intimate as a sex act with a complete stranger and for money is particularly degrading. And yet, society finds nothing wrong with nurses whose job it is to take care of the intimate hygiene of disabled patients.

Finally, some feminists argue that the prostitute sells, not a service, but herself. This distinction is more a matter of attitude than of reality. A woman can dissociate herself from the sexual act and rationalize that what she is doing is simply a job that needs to be done, just as others work in jobs they do not enjoy. Such work need not define one’s personhood.

If the above analysis is sound, there is therefore nothing intrinsically objectionable about the sale of sex.

eqfernando@hotmail.com

   
 

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