The Legal Understanding Of Slavery From The Historical To The Contemporary
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The Legal Understanding Of Slavery
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Author : Jean Allain
language : en
Publisher: OUP Oxford
Release Date : 2012-09-27
The Legal Understanding Of Slavery written by Jean Allain and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
"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.
Liberty Slavery And The Law In Early Modern Western Europe
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Author : Filip Batselé
language : en
Publisher:
Release Date : 2020
Liberty Slavery And The Law In Early Modern Western Europe written by Filip Batselé and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Liberty categories.
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.
The Slave Trade And The Origins Of International Human Rights Law
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Author : Jenny S. Martinez
language : en
Publisher: OUP USA
Release Date : 2012-01-04
The Slave Trade And The Origins Of International Human Rights Law written by Jenny S. Martinez and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-04 with History categories.
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.
Contemporary Slavery
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Author : Annie Bunting
language : en
Publisher: Cornell University Press
Release Date : 2018-05-15
Contemporary Slavery written by Annie Bunting and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-15 with Law categories.
"This book looks at recent efforts to combat contemporary slavery worldwide and explores how the history and iconography of slavery has been invoked to support a series of government interventions, activist projects, legal instruments, and rhetorical performances"--
Critical Readings On Global Slavery
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Author : Damian Alan Pargas
language : en
Publisher: BRILL
Release Date : 2017-12-05
Critical Readings On Global Slavery written by Damian Alan Pargas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-05 with History categories.
Critical Readings on Global Slavery offers students and researchers a rich collection of previously published works by some of the most preeminent scholars of slavery in various regions and time periods, from antiquity to the present day.
Slavery In International Law
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Author : Jean Allain
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-10-12
Slavery In International Law written by Jean Allain and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-12 with Social Science categories.
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.
The Anti Slavery Project
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Author : Joel Quirk
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-05-26
The Anti Slavery Project written by Joel Quirk and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-26 with Political Science categories.
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.
The Modern Slavery Agenda
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Author : Craig, Gary
language : en
Publisher: Policy Press
Release Date : 2019-01-17
The Modern Slavery Agenda written by Craig, Gary and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with Social Science categories.
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.
The Last Waltz Of The Law Of Nations
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Author : Joseph-Mathias Gerard de Rayneval
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
The Last Waltz Of The Law Of Nations written by Joseph-Mathias Gerard de Rayneval and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
The 1803 edition of de Rayneval's The Institutions of Natural Law and the Law of Nations served as the leading French text on international law during the first half of the nineteenth century. Written at a time when international law was wholly bilateral in nature, the book decisively setsout the Law of Nations as it stood at the time. Despite its influence on the development of international law in the nineteenth century, the work is now difficult to obtain, and has never before been translated into English.Through his faithful translation and introductory essay, Jean Allain reintroduces this classic work to a new audience. Keeping in line with the fundamental approach and underpinning of de Rayneval's work, this new text considers issues of the Law of Nations, with Book I focusing on self-preservationof the individual turning to self-preservation of political grouping to the creation of the States as a means of ensuring its and its people's self-preservation.In Book II - On State to State Relations - the emphasis shifts from natural law to the Law of Nations. Here consideration is given to States and issues of independence, of trade and alliances, of the acquisition of territory, of boundaries, of reprisals, and issues of foreigners, ambassadors andtitles and rank.Finally, Book III - On the State of War and Peace - takes readers through a more clearly developed part of the Law of Nations with regard to the origins, causes, effects, and conduct of war with further sections devoted maritime law and the law of treaties.While Book II and III set out the law of the Law of Nations, the Appendix then considers the role of the Sovereign and his political agents in setting and carrying out a State's foreign policy.
Human Trafficking And Slavery Reconsidered
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Author : Vladislava Stoyanova
language : en
Publisher: Cambridge University Press
Release Date : 2017-03-16
Human Trafficking And Slavery Reconsidered written by Vladislava Stoyanova and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-16 with Law categories.
An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.