The Legal Understanding Of Slavery From The Historical To The Contemporary

Author : Jean Allain
Publisher : OUP Oxford
ISBN 13 : 0191645354
Total Pages : 416 pages
Book Rating : 4.58/5 ( download)

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Download or read book The Legal Understanding of Slavery written by Jean Allain and published by OUP Oxford. This book was released on 2012-09-27 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage? This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes. Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.

Author : Jenny S. Martinez
Publisher : OUP USA
ISBN 13 : 0195391624
Total Pages : 264 pages
Book Rating : 4.26/5 ( download)

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Download or read book The Slave Trade and the Origins of International Human Rights Law written by Jenny S. Martinez and published by OUP USA. This book was released on 2012-01-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.

Author : Joel Quirk
Publisher : University of Pennsylvania Press
ISBN 13 : 0812205642
Total Pages : 342 pages
Book Rating : 4.40/5 ( download)

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Download or read book The Anti-Slavery Project written by Joel Quirk and published by University of Pennsylvania Press. This book was released on 2011-05-26 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is commonly assumed that slavery came to an end in the nineteenth century. While slavery in the Americas officially ended in 1888, millions of slaves remained in bondage across Africa, Asia, and the Middle East well into the first half of the twentieth century. Wherever laws against slavery were introduced, governments found ways of continuing similar forms of coercion and exploitation, such as forced, bonded, and indentured labor. Every country in the world has now abolished slavery, yet millions of people continue to find themselves subject to contemporary forms of slavery, such as human trafficking, wartime enslavement, and the worst forms of child labor. The Anti-Slavery Project: From the Slave Trade to Human Trafficking offers an innovative study in the attempt to understand and eradicate these ongoing human rights abuses. In The Anti-Slavery Project, historian and human rights expert Joel Quirk examines the evolution of political opposition to slavery from the mid-eighteenth century to the present day. Beginning with the abolitionist movement in the British Empire, Quirk analyzes the philosophical, economic, and cultural shifts that eventually resulted in the legal abolition of slavery. By viewing the legal abolition of slavery as a cautious first step—rather than the end of the story—he demonstrates that modern anti-slavery activism can be best understood as the latest phase in an evolving response to the historical shortcomings of earlier forms of political activism. By exposing the historical and cultural roots of contemporary slavery, The Anti-Slavery Project presents an original diagnosis of the underlying causes driving one of the most pressing human rights problems in the world today. It offers valuable insights for historians, political scientists, policy makers, and activists seeking to combat slavery in all its forms.

Author : Annie Bunting
Publisher : Cornell University Press
ISBN 13 : 1501718770
Total Pages : 402 pages
Book Rating : 4.79/5 ( download)

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Download or read book Contemporary Slavery written by Annie Bunting and published by Cornell University Press. This book was released on 2018-05-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a cast of leading experts to carefully explore how the history and iconography of slavery has been invoked to support a series of government interventions, activist projects, legal instruments, and rhetorical performances. However well-intentioned these interventions might be, they nonetheless remain subject to a host of limitations and complications. Recent efforts to combat contemporary slavery are too often sensationalist, self-serving, and superficial and, therefore, end up failing the crucial test of speaking truth to power. The widely held notion that antislavery is one of those rare issues that "transcends" politics or ideology is only sustainable because the underlying issues at stake have been constructed and demarcated in a way that minimizes direct challenges to dominant political and economic interests. This must change. By providing an original approach to the underlying issues at stake, Contemporary Slavery will help readers understand the political practices that have been concealed beneath the popular rhetoric and establishes new conversations between scholars of slavery and trafficking and scholars of human rights and social movements. Contributors: Jean Allain, Jonathan Blagbrough, Roy Brooks, Annie Bunting, Austin Choi-Fitzpatrick, Andrew Crane, Rhoda Howard-Hassmann, Fuyuki Kurasawa, Benjamin Lawrance, Joel Quirk, and Darshan Vigneswaran

Author : Kevin Bales
Publisher : Univ of California Press
ISBN 13 : 0520245075
Total Pages : 224 pages
Book Rating : 4.75/5 ( download)

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Download or read book Understanding Global Slavery written by Kevin Bales and published by Univ of California Press. This book was released on 2005-11-07 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Slavery continues as a blight on the human world, with an estimated 27 million people around the world in bondage. Kevin Bales undertakes a discussion of the causes of enslavement & the socio-economic factors that sustain slavery in the 21st century.

Author : Andrew Fede
Publisher :
ISBN 13 : 9780415618793
Total Pages : 261 pages
Book Rating : 4.97/5 ( download)

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Download or read book People Without Rights written by Andrew Fede and published by . This book was released on 2011 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slaveryâe(tm)s social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slaveryâe(tm)s oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slaveryâe(tm)s inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slavesâe(tm) owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual mastersâe(tm) rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society.

Author : Siddharth Kara
Publisher : Columbia University Press
ISBN 13 : 0231158491
Total Pages : 338 pages
Book Rating : 4.97/5 ( download)

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Download or read book Bonded Labor written by Siddharth Kara and published by Columbia University Press. This book was released on 2014-05-06 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Siddharth KaraÕs Sex Trafficking has become a critical resource for its revelations into an unconscionable business, and its detailed analysis of the tradeÕs immense economic benefits and human cost. This volume is KaraÕs second, explosive study of slavery, this time focusing on the deeply entrenched and wholly unjust system of bonded labor. Drawing on eleven years of research in India, Nepal, Bangladesh, and Pakistan, Kara delves into an ancient and ever-evolving mode of slavery that ensnares roughly six out of every ten slaves in the world and generates profits that exceeded $17.6 billion in 2011. In addition to providing a thorough economic, historical, and legal overview of bonded labor, Kara travels to the far reaches of South Asia, from cyclone-wracked southwestern Bangladesh to the Thar desert on the India-Pakistan border, to uncover the brutish realities of such industries as hand-woven-carpet making, tea and rice farming, construction, brick manufacture, and frozen-shrimp production. He describes the violent enslavement of millions of impoverished men, women, and children who toil in the production of numerous products at minimal cost to the global market. He also follows supply chains directly to Western consumers, vividly connecting regional bonded labor practices to the appetites of the world. KaraÕs pioneering analysis encompasses human trafficking, child labor, and global security, and he concludes with specific initiatives to eliminate the system of bonded labor from South Asia once and for all.

Author : Craig, Gary
Publisher : Policy Press
ISBN 13 : 1447346793
Total Pages : 280 pages
Book Rating : 4.91/5 ( download)

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Download or read book The modern slavery agenda written by Craig, Gary and published by Policy Press. This book was released on 2019-01-17 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern slavery, in the form of labour exploitation, domestic servitude, sexual trafficking, child labour and cannabis farming, is still growing in the UK and industrialised countries, despite the introduction of laws to try to stem it. This hugely topical book, by a team of high-profile activists and expert writers, is the first critically to assess the legislation, using evidence from across the field, and to offer strategies for improvement in policy and practice. It argues that, contrary to its claims to be ‘world-leading’, the Modern Slavery Act is inconsistent, inadequate and punitive; and that the UK government, through its labour market and immigration policies, is actually creating the conditions for slavery to be promoted.

Author : Filip Batselé
Publisher :
ISBN 13 : 9783030368562
Total Pages : 223 pages
Book Rating : 4.64/5 ( download)

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Download or read book Liberty, Slavery and the Law in Early Modern Western Europe written by Filip Batselé and published by . This book was released on 2020 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the legal evolution of the "free soil principle" in England, France and the Low Countries during the Early Modern period (ca. 1500-1800), which essentially stated that, as soon as slaves entered a certain country, they would immediately gain their freedom. This book synthesizes the existing literature on the origins and evolution of the principle, adds new insights by drawing on previously undiscussed primary sources on the development of free soil in the Low Countries and employs a pan-Western, European and comparative approach to identify and explain the differences and similarities in the application of this principle in France, England and the Low Countries. Divided into four sections, the book begins with a brief introduction to the subject matter, putting it in its historical context. Slavery is legally defined, using the established international law definition, and both the status of slavery in Europe before the Early Modern Period and the Atlantic slave trade are discussed. Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500-1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized. Thirdly, it addresses the further development of the free soil principle during the period 1650-1800. In the fourth and last section, the book uses the insights gained to provide a pan-Western, European and comparative perspective on the origins and application of the free soil principle in Western Europe. In this regard, it compares the origins of free soil for the respective countries discussed, as well as its application during the heyday of the Atlantic slave trade. This perspective makes it possible to explain some of the divergences in approaches between the countries examined and represents the first-ever full-scale country comparison on this subject in a book.

Author : Alan Watson
Publisher : University of Georgia Press
ISBN 13 : 9780820311791
Total Pages : 212 pages
Book Rating : 4.90/5 ( download)

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Download or read book Slave Law in the Americas written by Alan Watson and published by University of Georgia Press. This book was released on 1989-01-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Alan Watson argues that the slave laws of North and South America--the written codes defining the relationship of masters to slaves--reflect not so much the culture and society of the various colonies but the legal traditions of England, Europe, and ancient Rome. A pathbreaking study concerned as much with the nature of comparative law as the specific subject of the law of slavery, Slave Law in the Americas posits an essential distance in the Western legal tradition between the tenets of law and the values of the society they govern. Laws, Watson shows, often are made not by governments or rulers but by jurists as in ancient Rome, law professors as in medieval and continental Europe, and judges as in common law England. Bodies of law, often created without reference to particular social and political ideals, are also often transferred whole cloth from one society to another. Tracing the effects of the reception of Roman law throughout Europe (excluding England) and the Americas, Watson reveals the enormous impact of this legal tradition on subsequent lawmakers operating under utterly dissimilar social and political conditions in the New World. Slave law in the colonies, Watson demonstrates, had much to do with the mother country's relations to Roman law. Spain, Portugal, France, and the United Dutch Provinces, all within the Roman legal tradition, imposed on their colonies slave laws that were private and nonracist in character, laws that interfered little in master-slave relations and provided for the relative ease of manumission and the grant of citizenship to freed slaves. England, however, did not ascribe to Roman law and colonists created rather than received slave law. Public and racist, slave law in the English colonies uniquely reflected local concerns, involving every citizen in the protection and perpetuation of slavery, strictly regulating education, manumission, and citizenship status. "Comparative legal history," Watson writes, "is in its infancy." Presenting the laws of slavery in ancient Rome and in the slaveholding colonies of America, Watson demonstrates how comparative law can elucidate the relationship of law, legal rules, and institutions to the society in which they operate. Investigating not the dynamics of slavery but of slave law, he reveals the working of a legal culture and its peculiar history.