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Author: Jean Allain
Publisher: OUP Oxford
ISBN: 0191645354
Category : Law
Languages : en
Pages : 750
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Book Description
"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: Jean Allain
Publisher: OUP Oxford
ISBN: 0191645354
Category : Law
Languages : en
Pages : 750
Get Book Here
Book Description
"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: Thomas D. Morris
Publisher: Univ of North Carolina Press
ISBN: 0807864307
Category : Law
Languages : en
Pages : 588
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Book Description
This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.
Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 0691198152
Category : History
Languages : en
Pages : 273
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Book Description
In an examination of Southern slave law between 1810 and 1860, Mark Tushnet reveals a structured dichotomy between slave labor systems and bourgeois systems of production. Whereas the former rest on the total dominion of the master over the slave and necessitate a concern for the slave's humanity, the latter rest of the purchase by the capitalist of a worker's labor power only and are concerned primarily with economic interest. Focusing on a wide range of issues that include contract and accident law as well as criminal law and the law of manumission, he shows how Southern slave law had to respond to the competing pressures of humanity and interest. Beginning with a critical evaluation of slave law, the author develops the conceptual framework for his own perspective on the legal system, drawing on the works of Marx and Weber. He then examines four appellate court cases decided in three different states, from civil-law Louisiana to commonlaw North Carolina, at widely separated times, from 1818 to 1858. Professor Tushnet finds that the cases display a continuing but never wholly successful attempt at distinguish between law and sentiment as modes of regulating social interactions involving slaves. Also, the cases show that the primary method of accommodating law and sentiment was an attempt to use rigid categories to confine the law of slavery to what was thought its proper sphere. Mark Tushnet is Professor of Law at the University of Wisconsin. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Laura T. Murphy
Publisher: Columbia University Press
ISBN: 0231535759
Category : Social Science
Languages : en
Pages : 345
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Book Description
Slavery is not a crime confined to the far reaches of history. It is an injustice that continues to entrap twenty-seven million people across the globe. Laura Murphy offers close to forty survivor narratives from Cambodia, Ghana, Lebanon, Macedonia, Mexico, Russia, Thailand, Ukraine, and the United States, detailing the horrors of a system that forces people to work without pay and against their will, under the threat of violence, with little or no means of escape. Representing a variety of circumstances in diverse contexts, these survivors are the Frederick Douglasses, Sojourner Truths, and Olaudah Equianos of our time, testifying to the widespread existence of a human rights tragedy and the urgent need to address it. Through storytelling and firsthand testimony, this anthology shapes a twenty-first-century narrative that many believe died with the end of slavery in the Americas. Organized around such issues as the need for work, the punishment of defiance, and the move toward activism, the collection isolates the causes, mechanisms, and responses to slavery that allow the phenomenon to endure. Enhancing scholarship in women's studies, sociology, criminology, law, social work, and literary studies, the text establishes a common trajectory of vulnerability, enslavement, captivity, escape, and recovery, creating an invaluable resource for activists, scholars, legislators, and service providers.
Author: Annie Bunting
Publisher: Cornell University Press
ISBN: 1501718770
Category : Social Science
Languages : en
Pages : 380
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Book Description
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: Jean Allain
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186956
Category : Social Science
Languages : en
Pages : 445
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Book Description
Slavery in International Law sets out the law related to slavery and lesser servitudes, including forced labour and debt bondage; thus developing an overall understanding of the term human ‘exploitation’, which is at the heart of the definition of trafficking.
Author: Jean Allain
Publisher:
ISBN: 9789004279889
Category : Law
Languages : en
Pages : 640
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Book Description
The Law and Slavery delivers Professor Jean Allain's foundations which have led to the renaissance of the legal understanding of slavery which has transformed the landscape related to human exploitation during the early 21st Century.
Author: Jenny S. Martinez
Publisher: OUP USA
ISBN: 0195391624
Category : History
Languages : en
Pages : 264
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Book Description
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: Paul Finkelman
Publisher: Rowman & Littlefield
ISBN: 9780742521193
Category : History
Languages : en
Pages : 488
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Book Description
In this book, prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law.
Author: Damian Alan Pargas
Publisher: BRILL
ISBN: 9004346619
Category : History
Languages : en
Pages : 1711
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Book Description
The study of slavery has grown strongly in recent years, as scholars working in several disciplines have cultivated broader perspectives on enslavement in a wide variety of contexts and settings. Critical Readings on Global Slavery offers students and researchers a rich collection of previously published works by some of the most preeminent scholars in the field. With contributions covering various regions and time periods, this anthology encourages readers to view slave systems across time and space as both ubiquitous and interconnected, and introduces those who are interested in the study of human bondage to some of the most important and widely cited works in slavery studies.
