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In this short critical analysis, the author examines the recent argument by Moen in his article 'Is Prostitution Harmful?' In highlighting why prostitution does not cause harm to either member involved in the act, Moen argues that prostitution is not an ethical concern. However, while Moen is able to clearly challenge contemporary objections to prostitution, the author of this review will suggest that Moen's argument is itself incomplete as it does not address essential key ontological issues. This critical analysis will briefly suggest why this omission weakens Moen's argument. Finally, it will conclude with examining why prostitution differs substantially from other professions through the type of harm that it causes to the moral agents involved.

This paper addresses key philosophical and social questions that shape the contemporary discourse on prostitution. The initial section outlines the contemporary challenges facing legislative practice on prostitution in England. This involves analysing moral and legal framework surrounding prostitution that has made the current legislative dilemma surrounding prostitution practice possible. The second part of the paper then outlines the history of the philosophy of human rights from Aquinas to the Universal Declaration of Human Rights (1948). The paper concludes by analysing whether the current ontology employed by human rights theory is effective in creating a system of just relatedness between agents, made visible in concrete legislative guidance. I argue that legislation guided by a fragmented teleology and ontological anthropology enables asymmetrical patterns of relatedness that can cause genuine physical and psychological harm to individuals.