The Legal Understanding of Slavery

„The book contains a wealth and variety of perspectives on slavery offered by some of the leading experts in the field.” – Silvia Scarpa, Leiden Journal of International Law „Slavery is the status or condition of a person over whom some or all of the powers associated with property rights are exercised.” This is the legal definition of slavery agreed by the League of Nations in 1926. This definition, which was enshrined in law during international negotiations in 1956 and 1998, has been interpreted differently by international courts in recent years. What can be considered slavery? Should forced labour be considered slavery? Debt bondage? Child soldiers? Or forced marriage? This book explores the limits of understanding slavery in law. It shows how the legal definition of slavery and contemporary understanding of slavery have continually evolved and continue to be controversial. It traces the evolution of concepts of slavery, from Roman law in the Middle Ages, the 18th and 19th centuries, to current manifestations, including manifestations of forced labour and human trafficking, and examines how the 1926 definition can distinguish slavery from lesser servitude. Together, contributors developed a set of guidelines to clarify slavery law. The Bellagio Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, use their common understanding of past and present to project a coherent interpretation of the legal definition of slavery for the future. By Jean Allain Today is the International Day for the Remembrance of the Slave Trade and its Abolition, established by UNESCO „to inscribe the tragedy of the slave trade in the memory of peoples”. This tragedy was the development of „another kind of slavery,” as Robin Blackburn put it. The one who took the artisanal slavery of yesteryear (which consisted mainly of a handful of slaves working on small estates or as servants) and industrialized and established plantations in America that satisfied the almost insatiable appetite of Europeans for sugar, coffee and tobacco.

Bellagio Harvard Guidelines on the Legal Parameters of Slavery Introduction Section 1: Historical Readings of Slavery Law 1: The Nature of Slavery, Antony Honoré 2: The Law of Slavery in Europe ius commune, Richard Helmholz 3: Definition and concepts of slave ownership in Islamic law, Bernard Freamon 4: The definition of slavery in the eighteenth century Thought: Not Real Roman Slavery, John Cairns 5: From Consensus to Consensus: Slavery in International Law, Seymour Drescher Section 2: The American Experience: Blurred Boundaries of Slavery 6: Slavery in the United States: Persons or Property?,, Paul Finkelman 7: Registration: Property, Contracts and Consent in Antebellum Illinois, Allison Mileo Gorsuch 8: Under Cover of the Law: Siliadin v. The France and Dynamics of Slavery in a Historical Perspective, Rebecca Scott 9: The Rise, Persistence, and Slow Decline of Legal Slavery, Stanley Engerman 10: The Abolition of Slavery in the United States: Historical Context and Its Contemporary Application, William M. Carter, Jr. Section 3: The 1926 Definition in Context 11: The Definition of Slavery in the Twenty-First Century, Jean Allain 12: The Attempt to Understand the Definition of Slavery, Robin Hickey 13: The Concept of Property and the Concept of Slavery, J. E. Penner 14: Defining Slavery in All Its Forms: A Historical Inquiry as a Contemporary Instruction, Joel Quirk Section 4: Contemporary Slavery 15: Slavery in its Contemporary Manifestations, Kevin Bales 16: Contemporary International Legal Standards on Slavery: Issues of Judicial Interpretation and Enforcement, Holly Cullen 17: Human Trafficking, Gender and Slavery: Past and Present, Orlando Patterson 18: Response from Professor Kevin Bales to Professor Orlando Patterson 19: Response from Professor Patterson: A Response to Professor Kevin Bale`s Appendices Slavery Convention, 1926 Convention 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery. Jean Allain ist Professorin für Völkerrecht und Direktorin des Human Rights Centre, Queen’s University, Belfast und außerordentliche Professorin am Centre for Human Rights, Faculty of Law, University of PretoriaKevin Bales ist Professor für zeitgenössische Sklaverei am Wilberforce Institute for the Study of Slavery and Emancipation (WISE), University of Hull, und Mitbegründer von Free the Slaves. die amerikanische Schwesterorganisation von Anti-Slavery InternationalJohn W. Cairns ist Professor für Rechtsgeschichte an der University of EdinburghWilliam M. Carter, Jr. ist Professor für Rechtswissenschaften an der Temple University Beasley School of LawHolly Cullen ist Winthrop Professor of Law an der University of Western AustraliaSeymour Drescher ist Distinguished University Professor für Geschichte an der University of Pittsburgh Stanley L.

Engerman ist John H. Munro Professor of Economics and Professor of History at the University of Rochester and Visiting Professor of Economics at Harvard UniversityPaul Finkelman is President William McKinley Distinguished Professor of Law and Public Policy at Albany Law SchoolBernard K. Freamon is Professor of Law at Seton Hall Law School and Director of the School of Law`s Middle East Law Study Program and its Zanzibar Program for Modern Slavery and Human Trafficking Allison Mileo Gorsuch is a PhD candidate at Yale University in the Department of HistoryR. H. Helmholz is Ruth Wyatt Rosenson Distinguished Service Professor of Law at the University of ChicagoRobin Hickey is Senior Lecturer in Law at Durham UniversityTony Honoré is Regius Professor Emeritus of Civil Law at Oxford UniversityJames Penner is Professor of Real Estate Law at the Faculty of Law, University College LondonOrlando Patterson is John Cowles Professor of Sociology at Harvard UniversityJoel Quirk is Senior Lecturer, Department of Political Studies, University of the WitwatersrandRebecca J. Scott is Distinguished Professor of History at Charles Gibson University and Professor of Law at the University of Michigan. Jean Allain is Professor of International Law at Queen`s University Belfast. He is an Associate Professor at the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa. He is the founding editor of the Irish Yearbook of International Law and author of The Slavery Conventions (2008) and Slavery in International Law (2012).

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