Strange Traffic: Sex, Slavery & the Freedom Principle

Anders Walker

Saint Louis University - School of Law

February 19, 2013

Connecticut Law Review, Vol. 46, No. 2, 2013

This article uses the recent prosecution of a sex trafficking case in rural Missouri to argue three points. One, the federal law of trafficking is currently being used in unanticipated ways, including the apprehension of individuals who pay for sex. Two, trafficking invites creative use precisely because it provides prosecutors with a more salient justification for punishment than either legal moralism or harm; a rhetorical plea to anti-slavery that enjoys a longstanding but under-theorized role in criminal law rhetoric. Three, anti-slavery’s recurrence in criminal law rhetoric underscores a larger doctrinal point, namely that H.L.A. Hart’s version of the harm principle missed its subordinate relationship to what J.S. Mill termed the principle of freedom.

Number of Pages in PDF File: 39

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Date posted: February 20, 2013 ; Last revised: April 16, 2013

Suggested Citation

Walker, Anders, Strange Traffic: Sex, Slavery & the Freedom Principle (February 19, 2013). Connecticut Law Review, Vol. 46, No. 2, 2013. Available at SSRN: http://ssrn.com/abstract=2220879 or http://dx.doi.org/10.2139/ssrn.2220879

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Anders Walker (Contact Author)
Saint Louis University - School of Law ( email )
100 N. Tucker Blvd.
St. Louis, MO 63108
United States

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