Next stop Stockholm The role of ideas in

Next stop Stockholm? The role of ideas in shaping French
prostitution policy since 2002.

Emily St.Denny
History and Politics,
University of Stirling,
Stirling FK9 4LA.

Paper prepared for annual conference of the Political Studies Association, Belfast, 3-5 April
2012.

Abstract

In April 2011 the French information mission on prostitution called for the implementation of
a policy of client criminalization inspired by the 1998 Swedish law. However, despite
presenting a “Swedish model” of prostitution policy as a new and desirable alternative, the
same policy actors had in fact made a previous unsuccessful attempt to bring about client
criminalization almost a decade earlier in which they had criticized the Swedish version of
this law. In light of this, traditional approaches to policy diffusion predicated on the inherent
worthiness of ideas and norms cannot adequately account for such a strategic repackaging of
a previously rejected idea. Therefore, drawing from the diverse literature on policy change,

policy learning and diffusion, this paper deploys an ideational approach to account for the
reemergence of a debate over client criminalization in France. This paper argues that
domestic actors seeking to remove the constraints on reform posed by path dependency and
uncertainty can strategically use knowledge and ideas gleaned from abroad, and the reference
to successful foreign models, in a bid to generate credibility and legitimacy for their preferred
ideas. In particular, evidence from the comparison of the two policies suggests that during
windows of opportunity offered by the collapse of a current policy, such ideas can serve as
the basis for a new ideational consensus around which to consolidate a policy coalition.

Introduction

In April 2011, the French information mission on prostitution started a nationwide
policy debate after calling for the implementation of a “Swedish model” of criminalization of
the purchase of sexual services. However, despite presenting the Swedish law as a new and
desirable policy alternative, the same French policy actors had made a previous unsuccessful
attempt to bring about client criminalization almost a decade earlier in which they had
criticized the Swedish version of this law. At that time the policy debate was monopolized by
concerns over public order, immigration and insecurity. In this context, with residents
anxious to see the visible signs of insecurity linked to prostitution in their neighborhoods
dealt with, it was difficult for proponents of client criminalization to effectively push a policy

alternative aimed, principally, at protecting individuals in prostitution. As a result, the
outcome of the policy debate was the introduction of repressive anti-solicitation measures
contained within the 2003 Domestic Security Bill. Therefore, what is now being presented as
a novel approach to an old problem is in fact the outcome of an ideational Cinderella story:
an idea once jettisoned for its purported weakness has subsequently been skillfully
repackaged and presented as this year’s hottest policy import.
The diffusion of a policy like this one is usually approached through the prism of
norm advocacy and policy learning. Such perspectives are well suited to apprehend the interlinkages that allow the international dissemination of norms and policy ideas. In addition,
they stress the importance of the compatibility of these norms and ideas with the domestic
context in determining the likelihood of successful internalization. However, this case goes to
show is that the compatibility and appeal of foreign norms and policy ideas with an existing
domestic framework are heavily determined by domestic actors who utilize mechanisms such
as framing and agenda-setting to construct ‘fit’ and legitimacy. Moreover, evidence drawn
from the comparison of the different attempts by French policy actors to implement a policy
of client criminalization over the last decade suggests that the political and institutional
context in which these ideational struggles take place impact on the reform process through
either exerting constraint or providing windows of opportunity. In particular, in cases where
there is an emerging consensus that a current policy is inadequate but no policy crisis per se,
the benefits of keeping the inadequate policy can often outweigh cost of change – especially
when change entails uncertainty and risk.

Through the lens of recent developments in French prostitution policy, this paper
therefore argues that knowledge and ideas gleaned from abroad, and the reference to foreign
models, can serve to reduce the uncertainty linked to policy change which, together with the
constraining force of path dependence, constitute an important obstacle to reform. Thus seen,
the ubiquity of the ‘modèle suédois’ in the current French prostitution policy debate points to
an overlooked aspect of the potency of the Swedish model: its use as a symbolic, discursive
and programmatic resource by French political actors. This is important because it allows a
conception of policy diffusion not only as a result of top-down foreign advocacy but also as
the result of domestic actors utilizing foreign models to frame and promote their preferred
policy ideas – in this case, references to the ‘Swedish model’ have served as a means of
consolidating and legitimizing a new set of policy ideas around which proponents have built a
coalition.

Explaining the diffusion of Swedish prostitution policy: norm advocacy and policy transfer

The advent of a demand for a “Swedish model” of criminalization of the purchase of
sexual services (CPSS) in France is suggestive of policy diffusion. Policy diffusion is the
process by which a policy innovation “is communicated through certain channels over time
among members of a social system” (Rogers 1995: 5). More particularly, we are in an
instance of voluntary policy transfer “in which one nation or government imports knowledge

of policies or programs that exist abroad” (Newmark 2002: 153). Moreover, the Swedish
policy of CPSS has been strongly promoted on the international scene by Swedish policy
actors (Hedh and Winberg 2010). The first prism through which to apprehend the diffusion of
CPSS to France through policy transfer in the wake of strong international policy advocacy is
therefore the literature on Swedish norm and policy influence abroad.

The first manner in which Sweden is seen as exerting an influence over other states,
particularly those states outside the Nordic region,1 is derived from the constructivist
international relations literature on states’ normative power.2 In particular, this literature has
looked at Sweden’s capacity to promote international norms (Mouritzen 1995; Ingebritsen
2002) such as conflict prevention (Björkdahl 2008), social equality (True and Mintron 2001)
and humanitarian solidarity (Ingebritsen 2002). The focus here is principally on the moral
worthiness and inherent appeal of norms which heavily determine the manner in which they
can be accommodated in existing domestic normative and ideational frameworks (Acharya
2004; Björkdahl 2008). In this sense, Swedish norm advocacy is non-coercive and relies on
soft-power persuasion (Checkel 2005; Björkdahl 2008). Björkdahl argues, however, that
ideational and normative ‘fit’ alone are insufficient to explain norm internalization in host
countries (Björkdahl 2008). Close attention to the strategic use of mechanisms such as
framing and agenda-setting is necessary to explain the domestic construction of ‘fit’ crucial
to the adoption of international norms (Björkdahl 2008; Payne 2001).

The second manner in which Sweden is considered to influence other states is through
policy learning and transfer.3 In processes of policy learning and transfer, it is generally
considered that the first sphere of Swedish policy influence extends to other states within the
Nordic region. Indeed, at the outcome of the crisis of the 1990s, Sweden was seen as holding
the position of leader and innovator in the region, with other Nordic countries serving as “its
first tier of followers” (Mouritzen 1995: 9). With the emergence of other Nordic states as
strong international norm advocate, the extent to which this is still the case is highly
debatable. Nevertheless, it is within the confines of the Nordic block that accounts of
Swedish policy influence through norm diffusion and policy learning abound. Comparatively,
accounts of the policy learning between Sweden and countries outside the Nordic bloc are
less frequent. For example, the Swedish law of CPSS has been studied comparatively within
1

The Nordic region is understood as encompassing Denmark, Finland, Iceland, Norway and Sweden.
Nor ati e po er is a or -generating and norm-spreading capacity exercised in order to change normative
o i tio s a d to set or ati e sta dards through pro esses of or ad o a y. Björkdahl, A. (2008) p.136
3
Poli y lear i g is he k o ledge a out poli ies, ad i istrati e arra ge e ts, i stitutio s a d ideas i o e
political system […] is used i the de elop e t of poli ies, ad i istrati e arra ge e ts, i stitutio s a d ideas

i a other politi al syste . Dolowitz, D.P. and D. Marsh (2000) p.5
2

the wider context of Scandinavian countries (Jakobsson and Kotsadam 2011; Bucken-Knapp
and Karlsson Schaffer 2008; 2011), but its spread to countries outside this region has been
overlooked. Yet, the advent of a demand for a “Swedish model” of CPSS in France suggests
that Swedish policy influence reaches farther than Scandinavia or the Nordic bloc.

In the Swedish case, the norms, ideas and causal stories were interweaved by
proponents of ban in such a way as to craft a “particularly effective discursive weapons”
(Bucken-Knapp and Karlsson Schaffer 2011: 21) which served as a narrative with which to
rally and consolidate support and which opponents found difficult to counter effectively. This
is because, as Bucken-Knapp and Karlsson Schaffer argue, in the genesis of the Swedish law,
“gender equality ideas [did not necessarily] constitute a sufficient condition in and of
themselves to have resulted in CPSS. Rather, these ideas represent the principled beliefs
grafted by pro-ban actors onto more broadly accepted causal stories of prostitutes as having
abusive and vulnerable backgrounds” (Bucken-Knapp and Karlsson Schaffer 2011: 21). It is
understandable, then, that in the face of the growing international interest in the Swedish
approach to the ‘problem’ of prostitution, it is delicate to disentangle whether and to what
extent it is either the normative or the programmatic aspects of this policy that are driving its

spread. The policy is driven by conceptualizations of prostitution as the exploitation of
women, and of prostitutes as victims of gender violence and inequality and undergirded by
norms of gender equality. In cases like Norway, which instituted a similar ban in 2009,
Bucken-Knapp and Karlsson argue that the reform process was predicated on different ideas
than those driving the original Swedish version (2011). In France, on the other hand,
regardless of the extent to which Swedish ideas and norms actually permeated the current
debate, Sweden was almost systematically referred to as the source of knowledge and
inspiration for this policy alternative.

The diverging routes taken through the policy debate by these different countries
serves to highlight the multiplicity of elements, such as norms, ideas and technical knowledge
that are being diffused. These different paths also foreground the importance of considering
the domestic context rather than looking at the policy diffusion as the result of strictly topdown persuasion or coercion. In particular, attention must be paid to the role of actors in host
countries who do not passively receive and actualize these norms and ideas but, to a greater
or lesser extent, manipulate them in order to conciliate them with the existing domestic policy
framework. Subsequently, drawing from the diverse literature on policy change, policy
learning and diffusion, this paper deploys an ideational approach to account for the
reemergence of a debate over client criminalization in France. Indeed, considering the
possibility of ideational elements having a causal role in processes of reform seems
incontrovertible in light of similar policy ideas gaining ascendency in processes of reform in

different countries, and figuring prominently in trajectories of international convergence and
divergence. In addition, ideational scholars affirm that “successfully translating ideas into
policy requires a synergy between ideas and the relevant institutional and cultural features of
the polity” (Bucken-Knapp and Karlsson 2008: 61). This allows an explanatory account of
recent developments in French prostitution policy to bridge human agency, institutional and
material constraints, and context and ideas in such a way that is sensitive to the need for
policy actors to “embed their arguments in persuasive ideational frameworks” (Hansen and
King 2001: 262). In the case of France, the manipulation of frames and ideas linked to the
Swedish model of CPSS point to another facet of the potency of the Swedish model, namely

its use as a symbolic, discursive and programmatic resource by French policy actors seeking
to establish parallels between their project and the successful Swedish law.

The Puzzle: All aboard, next stop Stockholm.

Since it abolished the regulation of prostitution in 1960, France has evolved from a
self-proclaimed “epitome of abolitionism” (Allwood 2004: 148) to a country eager to adopt a
“Swedish model” demand-side ban on prostitution. In light of Sweden’s active promotion of
client criminalization over the last decade (Hedh and Winberg 2010), recently bolstered by a
positive official review,4 this development may not seem particularly surprising. What is

surprising, though, is that despite being presented by the media and advocates as a new
imported policy alternative in 2011, a number of French political actors had previously
suggested criminalizing clients as early as 2002. At that time the proposed policy was not
framed as an emulation of Sweden, in fact the Swedish model of CPSS was criticized as
having brought about increased violence towards individuals in prostitution (Zimmermann
2002: 28). Nevertheless, the proposal was quickly quashed and a series of repressive antisoliciting and anti-trafficking measures were adopted as part of the 2002 Domestic Security
Bill.5 Less then a decade later, with growing consensus that the Domestic Security Bill has
failed to deliver on its promises, the same policy actors have dusted off their proposal for
CPSS and repackaged it.

The second bid for a demand-side ban on prostitution was initiated by the release of
the report drafted by the French parliamentary information mission on prostitution in April
2011. This task force was headed by socialist parliamentarian Danielle Bousquet, who had
called for CPSS eight years prior (Bousquet et.al. 2003). She was joined by others in the
same case.6 The report concluded that, in order to fully live up to its commitment to
abolitionism, France should implement a policy of criminalization of purchases of sexual
services based on the Swedish law (Bousquet et.al. 2011: 231).7 In the report, the Swedish
model of client criminalization is represented as the next logical step in French prostitution
policy (Bousquet et.al. 2011: 231) since France already criminalizes the purchase of sexual
services from minors, disabled and clearly vulnerable individuals.8 In addition, the Swedish

model of client criminalization is presented as a progressive policy based on educating and
sensitizing clients rather than on only punishing them. This led the writers of the report to
describe the Swedish law as “a symbolic prohibition with pedagogical aims” (Bousquet et.al.
2011: 222).

4

In 2010, the final report of an official inquiry led by Justice Chancellor Anna Skarhed, evaluating the effects of
the Swedish law from 1999 to 2008 concluded that the law worked since there was evidence of a reduction in
street based prostitution and trafficking in Sweden. Report available at:
http://regeringen.se/sb/d/12634/a/149142 [accessed 15/02/12]
5
th
(2003) Law number 2003-239 of March 18 2003 on domestic security
6
In 2002, parlementary deputy Marie-Jo Zimmerman suggested CPSS as an alternative to the anti-soliciting
measures in the Domestic Security Bill. See M.-J. Zimmermann (2002)
7
Bousquet, D. et.al. (2011) p.231
8

(2002) law number 2002-305 modifying article 225-12-1 of the Penal Code on infringements of the dignity of
persons to penalise clients of minors and vulnerable individuals.

The parliamentary mission had travelled extensively both domestically and abroad in
order to take stock of the available policy ideas and instruments, and to establish the benefits
and drawbacks of each with the aim of determining the best way forward for French
prostitution policy. This initiative was undertaken in light of the perceived ineffectiveness
and misguidedness of the current legislation (Danet and Guienne 2006). Indeed, as Jeffrey
Legro posits, policy collapse does not necessarily entail the objective failure of a policy but
can also come about as a result of collective expectations about outcomes and application not
being met (2000). In this sense, “When expectations of what should happen are not matched
by the consequences of experienced events, there is pressure for collective reflection and
reassessment” (Legro 2000: 424). Subsequently, as a result of the perceived failure or
“collapse” of the current policy, competing political actors were recently provided with an
opportunity to inject alternative policy ideas in a debate no longer monopolized by an
effective and efficient dominant orthodoxy (Legro 2000). Actors pushing these alternative
policy ideas were therefore in a position to convince other political and institutional actors
and the wider public that policy change is necessary, a process that amounts to the “social
construction of the need to reform” (Cox 2001).

The latest debate over reforming French prostitution policy inscribes itself is part of a
trajectory characterized as much by rupture as by continuity. Since it signed the 1949 United
Nations Treaty on the “Elimination of the Traffic in Persons and of the Exploitation of the
Prostitution of Others” in 1960, France has instituted an abolitionist regime to deal with
prostitution. On the one hand, abolitionist regimes tolerate the provision of sexual services
for the sake of not revictimising individuals in prostitution, conceptualised as victims of
gender violence and inequality; on the other, profiting from the prostitution of others and the
exploitation of individuals in prostitution is criminalized. In accordance with this approach,
France has dealt with the ‘problem’ of prostitution according to a two-pillared abolitionist
policy framework (Allwood 2003). The first pillar is the criminalization of the exploitation of
prostitution, that is to say the profiting of individuals from the prostitution of others
(proxénétisme). The second pillar is the provision of social support to the ‘victims’ of
prostitution: the prostitutes. However, despite the government’s unwavering commitment to
abolitionism, the policies implemented in its name have varied significantly over the last four
decades. Policies premised on tolerance of prostitution between consenting adults have given
way to some that all but outlaw street-based prostitution by targeting solicitation. Today what
is proposed is the institution of a demand-side ban on prostitution based on the
criminalization of clients, who have until recently remained largely absent from policy and
legislation (Allwood 2003).

Thus, contemporary French prostitution policy, with its continued adherence to
abolitionist principles but its varied and, at times, inconsistent approach to policy suggests
that “abolitionism”, no matter how hegemonic a policy regime, is not an immutable
archetype. At the core of French abolitionism is the concern for the wellbeing of the ‘victim’
of prostitution. Even if the practical aspects in terms of budget and staffing can leave a lot to
be desired, the social policies undertaken in the name of this principle are what distinguishes
abolitionist regimes from other policy approaches to prostitution and are understood as giving
substance to the system (Maugère 2009). However, in the half century it has reigned over

prostitution policy in France, this foundational principle has had to coexist with an
increasingly ambiguous conception of what, exactly, abolitionism is. What started out as a
movement to abolish the regulation of prostitution, that is to say the institution of prostitution,
has evolved to entail the abolishment of prostitution itself, that is to say the phenomenon of
prostitution (Maugère 2009; Maffesoli 2008). This goes some way to explaining the
possibility of housing a number of different policies under the banner of abolitionism. In this
sense, abolitionism, as a policy regime, is not a static blueprint laying out the specific policy
instruments and programs required to attain the desired goal, but is instead being continually
(re)constructed. Thus, recent developments in this area, starting with the official
recommendation the state adopt CPSS, can be considered the latest attempt at introducing a
new abolitionist policy framework based on a reinterpretation of abolitionist principles.

The first time the policy had been suggested policy actors seem to call for a
homegrown approach to client criminalization, in this sense they rejected the Swedish model
as a schema to emulate. This version went on to appear as the toothless alternative to
repression at a time when the political debate was monopolized by concerns over insecurity,
immigration and public order. Contrastingly, in 2011 CPSS was put forward as the efficient
and logical next step in France’s commitment to abolishing prostitution directly inspired by a
world-renown and successful initial model, the so-called ‘modèle suédois’. Norm advocacy
and policy learning undoubtedly played a part in shaping the current French policy debate but
it is also clear that alone they cannot account for the relatively successful repackaging of an
unpopular policy idea in the span of a decade. Instead, this development suggests that, after
an initial setback, actors went on to use a new strategy articulated around a “narrative of
importation”. This served to reframe the existing abolitionist discourse equating prostitution
with gender inequality and men’s exploitation of female victims. Framing refers to the act of
integrating ideas about policy problems, goals and solutions into a coherent “interpretative
schemata” (Snow and Benford 2000: 614) in a manner “intended to mobilize potential
adherents and constituents, to garner bystander support, and to demobilize antagonists”
(Snow and Benford 1988: 198). As a result of these new tactics the reframed policy ideas
have benefited from the perceived success of the Swedish law in its domestic setting.

Ideas, agendas and frames: actualizing reform in the wake of policy collapse

As illustrated by the difficulties proponents of CPSS have had furthering their policy
ideas, a process that has taken almost a decade, the introduction of a new policy framework is
no easy feat. Institutionally sanctioned policy learning, such as the one undertaken by the
information mission, carries a very high cost in terms of funds, time and political and public
attention, and therefore tends not to be undertaken when there is no perceived need for reform
(Rose 1991). What frequently precedes such policy learning trips, then, is either the
emergence of a debate over the possibility of policy change prompted by dissatisfaction with
a current policy or a project to comparatively evaluate, or benchmark, a current policy
according to a logic of best practice. In our case, the objective of the mission was clearly to
start up a discussion about the possibility of tackling prostitution in France specifically
through the strengthening of the state’s commitment to abolitionism and through policy
reform. Consequently, the current struggle is still very much one over whether or not there

will be a reform of French prostitution policy in the near future, and as a corollary, over what
shape it would take.

Identifying the nature of the current struggle is essential to understanding the political
processes at play. Indeed, there are a number of preconditions to policy change. Firstly there
must be the collapse (real, perceived or constructed) of the current policy. This is illustrated
in the case at hand by the mounting criticism of current legislation. In order for this collapse
to open up the door to possible replacement through reform, key decision-makers must be
convinced of the desirability of such change. Then, in addition this social construction of the
need to reform, the issue must also be placed on the political agenda, that is to say on the “list
of subjects or problems to which government […] officials, are paying some attention to at
any given time” (Kingdon 1995: 3). First theorized by John Kingdon (1984), agenda setting
sees the convergence of three different streams – problems, policies and politics – as the key
to opening up windows of opportunity during which policy entrepreneurs are able to couple
their policy solution to a problem. Indeed, it is only by convincing those with the power to
authorize it that reform is of immediate importance and that one solution is better than the
others, that the requisite institutional procedures can be set into motion, and the necessary
resources allocated. In particular, the ideational struggles that actors venture into when
attempting to set the agenda are crucial since the collapse of the old dominant idea set which
underpinned the old policy is essential to bring about reform (Legro 2000). This clears the
way for policy actors to aggregate around a new set of idea which forms the basis for a new
policy. In such instances, ideas can act as cognitive filters which “concern both selfperceptions and the framing processes that actors use to convince others that it is in their
interest to mobilize with them in order to reach shared goals and have an impact on
outcomes” (Béland 2010: 148). In this sense ideas appear as key elements to building and
consolidating a coalition of actors seeking to further their policy alternative and achieve a
particular outcome. This is currently what we are witnessing in France as proponents of
CPSS strive to replace current ideas about prostitution, anchored in notions of security and
public order, with new ones conceptualizing prostitution as exploitation of women.

This effort was concretized on December 6th 2011, when French parliamentary
deputies unanimously9 approved a non-binding motion reaffirming the country’s abolitionist
position in matters of prostitution. The resolution has been put to the National Assembly in
June by members of the information mission and therefore can be seen as the first step their
plan to institute a policy of CPSS as called for in their report. Specifically, the motion called
for the National Assembly to “reaffirm France’s abolitionist position, the object of which is,
in time, a society without prostitution […and] consider that, in light of the constraint that is
most often the cause of entry into prostitution, of the violence inherent to this activity […],
that prostitution cannot, in any case, be deemed a professional activity.”10 The vote was
largely symbolic: it serves to loudly and unequivocally restate the National Assembly’s
9

The vote was undertaken as a symbolic gesture where all the leaders of the different political groups, which
house the different political parties, spoke for the deputies they represent. All leaders of the groups expressed
the support of their deputies.
10
Proposition de Résolution réaffirmant la position abolitionniste de la France en matière de prostitution 9 June
2011 presented by Danielle Bousquet, Guy Geoffroy, Jean-Marc Ayrault, Christian Jacob, François Sauvadet,
Yves Cochet and marie-Jo Zimmermann. Available at: http://www.assembleenationale.fr/13/propositions/pion3522.asp [accessed 07/12/11].

commitment to the eradication of prostitution. The emblematic and foundational purpose of
this vote was made apparent by Guy Geoffroy, the Commission’s rapporteur, in an interview
prior to the vote. Geoffroy states that “The resolution is the first step and we decided,
symbolically, that as of the moment of the adoption of this resolution, adoption which is not
in doubt, to deliver a legislative proposal that will pave the way to the responsibilization of
the client, which will involve, if required, penalization” (2011). In this way the non-binding
motion does not introduce any changes to existing measures aimed at prostitution; instead, it
serves to lay the foundations for the pending legislative proposal to punish clients of
prostitution.

At the outset of the vote in the national assembly, what is clear is that there is an
overwhelming consensus among French political actors that abolitionism is the only
legitimate and acceptable position for the country to take in the matter of prostitution. What is
less clear, however, is whether or not the same consensus will apply to the vote for the
legislative bill which would make clients liable to a two-month prison sentence and a €3 750
fine.11 In this sense, despite highlighting the emergence of a coalition in support of a set of
ideas and objectives, the vote in itself gives no indication as to whether or not the same
consensus would apply to the vote for the legislative bill criminalizing clients. It will be
crucial for proponents of CPSS to build on the symbolic vote in order to concretize a policy
shift away from toleration and towards prohibition.12 The key will be in framing CPSS as
compatible with the ongoing abolitionist regime and convincing policymakers that it offers an
appropriate and beneficial new approach to one of the country’s oldest ‘problems’. This is
because, without this consolidation of a new set of ideas to replace the ones propping up the
collapsed policy, the likelihood of reform decreases significantly as the incumbent policy will
continue to exist as a ‘default mechanism’ (Legro 2000). Indeed, in the absence of a new
dominant ideational orthodoxy, policies that are perceived to be failing will, at most, be
subjected to adjustment rather than replacement since there is no new alternative consensus
around which to justify the investment necessary to replace or overhaul them. Consequently,
new ideas around which a strong coalition is aggregated are frequently the distinguishing
factor between a current inadequate policy being continued, despite its perceived
deficiencies, and the emergence of a new policy. The reasons for this can be found in the
historical institutional literature on policy change which most effectively lays bare the
mechanisms and reasons for the persistence of policies even in instances where they are
considered to be lacking.

11

(2011) Law proposal number 4057 p. 7
The application of a policy of CPSS would amount to a transition from a traditional abolitionist system, as
described previously, to a neo-abolitionist system which can be seen as belonging to the prohibitionist family
of prostitution policy. Classical prohibitionism is based on the criminalization of all parties involved, in this
se se it is fu da e tally differe t fro lassi al a olitio is
hi h is e tered o the elfare of the i ti s
of prostitution. Contrastingly, neo-abolitionism based on CPSS remains compatible with the abolitionist
principle the provision of social support to individuals in prostitution that underpin French abolitionist
prostitution policy whilst simulatenously delivering the intended outcome of eradicating prostitution through
the prohibition of the purchase of sexual services.
12

The devil you don’t know: Ideas, path dependence and policy reform

Though defined more or less broadly by different authors, institutions can holistically
be considered “the formal and informal procedures, routines, norms and conventions
embedded in the organizational structure of the polity […and] promulgated by formal
organization” (Hall and Taylor 1996: 938). They are argued to confer stability and constancy
to the policy-making process because they serve to regularize politics by enshrining rules that
govern decision-making and problem solving. Institutions can therefore constitute important
constraints on the policy process. Traditional institutional approaches that consider
institutions as “neutral transmission belt[s] for political action” (John 1998: 38) have been
largely overtaken by newer institutional approaches that are sensitive to the constitutive role
and constructed nature of institutions. In particular, historical institutionalism foregrounds the
historical contingency of policymaking and considers time and sequencing to be important
variables in determining policy development. In historical institutional approaches, constraint
is exerted by processes of path dependence, that is to say the phenomenon whereby current
and future decisions, states and action are predicated on previous decisions, states and actions
(Pierson 2004). The logic of increasing returns is particularly constraining. Increasing returns
refers to the self-reinforcing process that sees deviation from a path made harder with every
step taken because the relative benefits of staying on track increasingly outweigh the costs of
changing paths and starting from scratch (Sewell 1996; Pierson 2004). In this sense, path
dependence can explain why sometimes, in cases where policies are no longer optimally
efficient or appropriate, change does not occur: the relative benefits of staying on the path,
inefficient as it may be, outweigh the costs of starting over. Put another way: in conditions of
uncertainty and in the face of the high costs of starting anew, it is frequently considered wise
to stay with ‘the devil you know’ rather than to take a chance with ‘the devil you don’t’.

The key to reform, then, seems to hinge on reducing uncertainty and, in so doing,
reducing the risk of investment in a new policy. In moments of uncertainty, ideas appear
essential in determining policy choices (Hogan and Doyle 2007; Carstensen 2001; Béland
2010; Kingdon 1995; Peter, Pierre and King 2005; Blyth 2001; 2002). This is because
uncertainty amounts to a “period of flux” (Hogan and Doyle 2007) in which windows of
opportunity appear and during which policy entrepreneurs (Kingdon 1995), wishing to see
their preferred policy implemented at the outcome of a process of reform will challenge the
prevailing policy paradigm and present an alternative idea-set with which to replace it (Legro
2000). In 2002 there was never much uncertainty – the prostitution policy debate was
monopolized by law-and-order concerns and there was little or no room to manoeuvre an
alternative proposal onto the political agenda. In 2011, however, a vacuum emerges around
the collapsing current policy in which an appropriate alternative stands a good chance. In
such a context policy learning can be used as part of information gathering in view of
decreasing uncertainty and, as such, is a means of actualizing reform.

Nevertheless, the reason why it was possible for French policy actors to capitalize on
the Swedish policy program is that in 2011 this latter ‘fit’ nicely into the domestic
ideological, political and institutional setting. This is important because, as Legro argues, the
possibility of integrating foreign policy ideas and/or instruments is predicated on their
plausibility to the recipient community (2000). In this case, French policy actors saw a

parallel between the concerns about the well-being of the “victims” of prostitution that are so
central to contemporary French abolitionism and the ideas of gender equality and prostitution
as exploitation that underpinned the Swedish debate on client penalization (Mathieu 2004).
The ideational compatibility between Swedish norms and ideas and the French abolitionist
project is highlighted by the authors of the report who state that:

“[...] the ambition of an advanced democracy can only be, in the fullness of
time, the disappearance of prostitution. [...] the goal, thus, is to determine
which policy is respectful of the rights recognised to all human beings while
allowing us to move towards this objective [...]. What is more, in light of
both our fundamental principles and the Swedish experience, it appears that
making clients responsible is essential to this conciliation.” (Bousquet et.al
2011: 231)

Such a discourse would not have been possible in the 2002 policy debate which was
dominated by concerns over law and order and the conceptualization of prostitutes as threats
to public order. The perspective of ‘fit’, therefore, appears as an incontrovertible ingredient of
constructing a consensus around a new set of policy ideas. But fit is not an objective and
immutable phenomenon, nor does it operate as the only constraint on successful integration
of new and foreign ideas into debates over policy reform. Indeed, what stands out clearly
from the current attempt by certain French policy actors to frame a proposal for CPSS as
inspired by the Swedish model is the importance of functional and symbolic legitimacy
gained from imitating a successful policy antecedent.

The symbolic and discursive value of the model and ‘narrative of importation’

We are currently witnessing a debate over the voluntary imitation of a policy enacted
previously by another state. This type of convergence is called mimetic isomorphism.
Isomorphism is a “constraining process that forces one unit in a population to resemble other
units that face the same set of environmental conditions” (DiMaggio and Powell 1983: 149).
Mimetic isomorphism sees units tend towards resembling one another through voluntary
processes of emulation. The main value to imitation is that it can constitute an important
source of legitimacy to a policy reform. In this vein, Radaelli argues that “Mimetism stems
from the need to cope with uncertainty by imitating organizations perceived to be more
legitimate or more successful. […] the imitation of models may not assure efficiency, but is
nonetheless extremely effective in generating legitimacy” (2000: 28). Thus, in conditions of
uncertainty, the use of prior models allows policy actors to build their argument for reform
around images of successful prior attempts (DiMaggio and Powell 1991; Radaelli 2000).
Subsequently, Sweden and its model appear to have a latent impact over countries out-with
its traditional sphere of influence as a symbolic and discursive resource for foreign policy
entrepreneurs seeking to generating credibility and legitimacy for their policy ideas.

In particular, the recurrence of the term “modèle Suédois” in French policy debates
points to its use in political discourse as a cognitive shortcut depicting an ideal type of policy
regime from which domestic French political actors can draw inspiration. This is because
policy related learning “involves scanning programs existing elsewhere, producing a
conceptual model of a program of interest, and comparing the problems of the existing
program which have occasioned dissatisfaction” (Bennett and Howlett 1992: 284). The
model, in this sense, becomes a useful unit of comparison for political actors because it
allows them to learn both positive lessons about what to do, and negative lessons about what
not to do. In contemporary French political debate, foreign models emerged as an important
discursive resource during the second round of the 2007 election campaign (Fitoussi and
Laurent 2008; Andersson 2009). At its worst, references to other national models in political
discourse borders on demagoguery or the rhetorical peddling of clichés; at its best, the use of
national policy models becomes a valuable symbolic resource for policy entrepreneurs
seeking to utilize images and ideas to maximize the chances of their favored policy ideas
being selected over competing alternatives.

This explains, in part, the strategic value in making explicit references to the
“Swedish model” of prostitution policy for proponents of CPSS in France. Indeed, in this
case, references to the “Swedish model” are intended to be synonymous with gender equality,
with a strong, unique, recognizable, pioneering effort to protect victims and redress power
asymmetries. This is clear in the CPSS law proposal which states that:

“clients were made liable for the first time in 1999 in Sweden, a pioneer in
sexual liberation [… and] progressive in the domain of social issues. Those
who fight against making clients responsible on [the basis that it is the
“product an exacerbated prudery” and “signals the will to see a moral sexual
order restored”] are therefore fighting the wrong battle as, far from situating
themselves at the forefront of the protection of liberties against a moralizing
State, they defend a system in which men […] should have the right to
dispose with the bodies of women as they see fit.” (Law proposal number
4057, Bousquet et.al. 2011: 2)

Overall, the equation of the Swedish model of CPSS as a successful and globally
recognizable policy entails that aligning oneself with this model should allow France to reap
some of the benefits Sweden is considered to have gained in implementing this policy.
Consequently, the explicit reference to the use of learning and transfer by political actors is
intended to frame domestic policy ideas in such a way as to legitimize them and increase their
chances of success.

Conclusion

Hans Mouritzen argues that: “Among the Nordic countries, it is mainly Sweden that
has possessed the self-confidence necessary to stand up and ‘teach’ the rest of the world what

is forwards and what is backwards when it comes to societal development” (1995: 9).
However, this paper has argued that, in addition to self-confidently teaching its neighbors and
the rest of the world, Sweden has, thanks to the accomplished promotion of its model, also
become a resource for French actors seeking to generate credibility and legitimacy for their
preferred policy alternative. Traditional approaches to non-coercive policy diffusion postulate
the inherent worthiness of foreign norms and ideas and their compatibility with the domestic
normative and ideational framework in the host country as determinants of successful
internalization. Evidence of an evolution in the framing of a policy of CPSS from
‘homegrown’ to an emulation of the ‘Swedish model’ suggests that ‘fit’ is not immutable and
that actors can utilize mechanisms such as framing and agenda setting in order to repackage
initially unappealing policy elements gleaned abroad.
In addition, this process of manipulation cannot be divorced from the domestic
political and institutional context in which ideational struggles over policy reform take place.
Indeed, the first time French policy actors had attempted to introduce CPSS as a policy option
their efforts were thwarted in a debate monopolized by concerns over insecurity and public
order. In this context a homegrown approach focused on client criminalization and the
provision of support to the ‘victims’ of prostitution appeared a poor solution to the problem
of increased visibility of street prostitution and the influx of foreign prostitutes on in
residential areas. A decade later the repressive anti-soliciting measures set up to deal with this
policy issue are increasingly considered as misguided and inconsistently applied. Because
collective expectations have not been met, a window of opportunity has opened for
competing policy actors to call for reform and introduce their preferred policy alternatives
into the debate. In this sense, the current policy debate is indicative of a struggle over whether
or not there will be reform and therefore constitutes an opportunity for policy actors convince
key decision makers of the necessity and benefits of reform. In this process, the reference to
an ulterior successful policy model has provided proponents with a credible image with
which to reduce uncertainty linked to expected outcomes and benefits.
This has been possible because the Swedish ‘model’ has become synonymous with
success and credibility in prostitution policy by virtue of being a strong and respected norm
advocate (Björkdahl 2008: 139). Moreover, it stands out as the country which first decided to
punish the clients of prostitution in a bid to eradicate it and, therefore, as a leader in
prostitution policy (Gould 2001). Concurrently, abolitionist French policy actors,
spearheaded by socialist deputies, have had their project of redefining the meaning of French
abolitionism vindicated. The traditional tensions between the abolition of the regulation of
prostitution and the abolition of prostitution itself have been resolved with a unanimous vote
reaffirming the country’s commitment to the eradication of prostitution. This has allowed
French policy actors seeking to institute a policy of client criminalization to capitalize on the
potent image of the ‘Swedish model’ in order to begin convincing key political actors that not
only are their policy ideas credible and applicable but also that they fit appropriately with the
French state’s commitment to abolitionism. In fact, a “Swedish model” of CPSS is
represented by advocated as the self-evident next step for a country that perceives itself as
being at the vanguard of prostitution policy. Nevertheless, the extent to which this strategy
has been successful will be determined in the next year when parliamentarians will be asked
to vote on a bill which would make clients of prostitution liable to a € 3 750 fine and two
months imprisonment.13

13

Law proposal number 4057, Bousquet et.al 2011: 3

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