The Legal Understanding of Slavery

Author: Jean Allain
Publisher: OUP Oxford
ISBN: 0191645354
Format: PDF, ePub, Docs
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"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.

The Legal Understanding of Slavery

Author: Jean Allain
Publisher: Oxford University Press on Demand
ISBN: 0199660468
Format: PDF, Mobi
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This book examines how slavery is understood in law. It shows how the legal definition of slavery has evolved and continues to be contentious. It traces the understanding of slavery from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including forced labour and trafficking in persons.

The Anti Slavery Project

Author: Joel Quirk
Publisher: University of Pennsylvania Press
ISBN: 9780812205640
Format: PDF, Docs
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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.

Marriage and Slavery in Early Islam

Author: Kecia Ali
Publisher: Harvard University Press
ISBN: 0674050592
Format: PDF
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A remarkable research accomplishment. Ali leads us through three strands of early Islamic jurisprudence with careful attention to the nuances and details of the arguments.

The Slave Trade and the Origins of International Human Rights Law

Author: Jenny S. Martinez
Publisher: OUP USA
ISBN: 0195391624
Format: PDF, Docs
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As Jenny Martinez shows in this groundbreaking new book, the international human rights law that we know today is not solely a post-World War II development, as most scholars claim, but rather has roots in one of the nineteenth century's central moral causes: the movement to ban the international slave trade. Martinez focuses in particular on international courts for the suppression of the slave trade. The courts, which were created by treaties and based in the Caribbean, West Africa,Cape Town, and Brazil, helped free more than 80,000 Africans from captured slave ships between 1807 and 1871. Here then, buried in the dusty archives of admiralty courts, ships' logs, and the British foreign office, Martinez uncovers the foundations of contemporary human rights law: international courts exercising jurisdiction over crimes against humanity" long before the Nuremberg trials. Fueled by a powerful thesis and drawing on novel evidence, Martinez's work will reshape the fields of human rights history and international human rights law."

Double Character

Author: Ariela J. Gross
Publisher: University of Georgia Press
ISBN: 082032860X
Format: PDF, ePub, Docs
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This groundbreaking study of the law and culture of slavery in the antebellum Deep South takes readers into local courtrooms where people settled their civil disputes over property. Buyers sued sellers for breach of warranty when they considered slaves to be physically or morally defective; owners sued supervisors who whipped or neglected slaves under their care. How, asks Ariela J. Gross, did communities reconcile the dilemmas such trials raised concerning the character of slaves and masters? Although slaves could not testify in court, their character was unavoidably at issue--and so their moral agency intruded into the courtroom. In addition, says Gross, "wherever the argument that black character depended on management by a white man appeared, that white man's good character depended on the demonstration that bad black character had other sources." This led, for example, to physicians testifying that pathologies, not any shortcomings of their master, drove slaves to became runaways. Gross teases out other threads of complexity woven into these trials: the ways that legal disputes were also affairs of honor between white men; how witnesses and litigants based their views of slaves' character on narratives available in the culture at large; and how law reflected and shaped racial ideology. Combining methods of cultural anthropology, quantitative social history, and critical race theory, Double Character brings to life the law as a dramatic ritual in people's daily lives, and advances critical historical debates about law, honor, and commerce in the American South.

Reconstructing Reconstruction

Author: Pamela Brandwein
Publisher: Duke University Press
ISBN: 9780822323167
Format: PDF, ePub
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Was slavery over when slaves gained formal emancipation? Was it over when the social, economic, and political situation for African Americans no longer mimicked the conditions of slavery? If the Thirteenth Amendment abolished it in 1865, why did most of the disputed points during the Reconstruction debates of 1866-75 concern issues of slavery? In this book Pamela Brandwein examines the post-Civil War struggle between competing political and legal interpretations of slavery and Reconstruction to reveal how accepted historical truth was established. Offering a fresh approach to the subject of original intent, Reconstructing Reconstruction will interest legal historians and scholars of constitutional law, American history, race and ethnicity, political theory, and the sociology of law.

Underground Airlines

Author: Ben H. Winters
Publisher: Mulholland Books
ISBN: 0316261238
Format: PDF, Mobi
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NOMINATED FOR BEST HARDCOVER NOVEL BY THE ITW THRILLER AWARDS A FINALIST FOR THE CHAUTAUQUA PRIZE A New York Times Bestseller; a Goodreads Choice finalist; named one of the Best Books of the Year by NPR, Slate, Publishers Weekly, Hudson Bookseller, St. Louis Post-Dispatch, Kirkus Reviews, AudioFile Magazine, and Amazon It is the present-day, and the world is as we know it: smartphones, social networking and Happy Meals. Save for one thing: the Civil War never occurred. A gifted young black man calling himself Victor has struck a bargain with federal law enforcement, working as a bounty hunter for the US Marshall Service. He's got plenty of work. In this version of America, slavery continues in four states called "the Hard Four." On the trail of a runaway known as Jackdaw, Victor arrives in Indianapolis knowing that something isn't right--with the case file, with his work, and with the country itself. A mystery to himself, Victor suppresses his memories of his childhood on a plantation, and works to infiltrate the local cell of a abolitionist movement called the Underground Airlines. Tracking Jackdaw through the back rooms of churches, empty parking garages, hotels, and medical offices, Victor believes he's hot on the trail. But his strange, increasingly uncanny pursuit is complicated by a boss who won't reveal the extraordinary stakes of Jackdaw's case, as well as by a heartbreaking young woman and her child who may be Victor's salvation. Victor himself may be the biggest obstacle of all--though his true self remains buried, it threatens to surface. Victor believes himself to be a good man doing bad work, unwilling to give up the freedom he has worked so hard to earn. But in pursuing Jackdaw, Victor discovers secrets at the core of the country's arrangement with the Hard Four, secrets the government will preserve at any cost. Underground Airlines is a ground-breaking novel, a wickedly imaginative thriller, and a story of an America that is more like our own than we'd like to believe.

Sites of Slavery

Author: Salamishah Tillet
Publisher: Duke University Press
ISBN: 0822352613
Format: PDF, ePub, Mobi
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In Sites of Slavery Salamishah Tillet examines how contemporary African American artists and intellectuals—including Annette Gordon-Reed, Barbara Chase-Riboud, Bill T. Jones, Carrie Mae Weems, and Kara Walker—turn to the subject of slavery in order to understand and challenge the ongoing exclusion of African Americans from the founding narratives of the United States.

Contemporary Slavery

Author: Annie Bunting
Publisher: Cornell University Press
ISBN: 1501718770
Format: PDF, Kindle
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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