Kim Krawiec, the great legal scholar of repugnant transactions, has written that rare (almost never seen) book review that extends the empirical study of an important, well-studied social science event, namely Rhode Island's experience of legal prostitution. It provides an illuminating followup to the germinal paper by Cunningham and Shah. (Prostitution in R.I. is one of the controversial markets covered in Moral Economics, and I believe Krawiec's book review is headed for a forthcoming symposium on the book in Œconomia .)
The Smallest State's Big Experiment by Kimberly D. Krawiec
October 09, 2026
Abstract
Rhode Island’s accidental decriminalization of prostitution in 1980 is typically told as the story of a legal change that went unnoticed for more than two decades. This review of Alvin Roth’s latest book, Moral Economics, challenges that standard account and explores its implications for Roth’s argument that markets need social support to flourish. Drawing on court records, contemporaneous news reports, arrest statistics, and legislative proceedings, I show that the statutory change was noticed almost immediately. Prostitution-related arrests continued, not because police and prosecutors were ignorantly arresting and charging sex workers and clients under a statute that no longer existed, but because the legal system adapted using tools – primarily the loitering prohibition that survived the 1980 rewrite – that have long been used to police behavior and individuals considered repugnant. After a 2003 judicial ruling closed an important enforcement avenue against indoor sex work and vaulted the market into the open, a coalition formed around trafficking concerns that eventually paved the way for recriminalization in 2009. Rhode Island’s accidental experiment with decriminalized sex work provided neither the deliberately designed regulatory framework nor the political backing that could build the type of social support that Roth insists (correctly, in my view) markets need to function well.
