Prostitution and Surrogacy: Theoretical and Practical Issues of (Neo) Prohibitionism
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Abstract
This article discusses some theoretical and practical limits and risks of prohibitionist and neo-prohibitionist approaches to prostitution and surrogacy, focusing on the documented adverse effects of the "Swedish" model, in countries where it was implemented, and the potential negative repercussions of clamping down on surrogacy. In conclusion, it argues that such approaches can be read as an example of legal moralism, appealing to the symbolic potential of criminal law for the assertion of values and worldviews, and that, in the effort to ensure women's freedom and protection from exploitation, they might actually endorse strategies of social control over their bodies.