Abstract

http://ssrn.com/abstract=2292681
 


 



Under Color of Law: Siliadin v France and the Dynamics of Enslavement in Historical Perspective


Rebecca J. Scott


University of Michigan Law School

September 2012

The Legal Understanding of Slavery: From the Historical to the Contemporary. Allain, J., Ed. Oxford University Press, 2012
U of Michigan Public Law Research Paper No. 334

Abstract:     
A versão em português deste artigo pode ser encontrada em: ssrn.com/abstract=2292162.

When is it appropriate to apply the term "slavery" -- a concept that appears to rest on a property right -- to patterns of exploitation in contemporary society, when no state extends formal recognition to the possibility of the ownership of property in a human being? Historians, who generally position themselves as enemies of anachronism, may be particularly resistant to the use of an ancient term to describe a twenty-first century reality. And jurists have often been understandably reluctant to employ a word whose historical meaning was so closely tied to a specific property relationship that has long since been abolished in Europe and the Americas.

Number of Pages in PDF File: 16

Keywords: contemporary slavery, powers attaching to the right of ownership, France, Saint-Domingue, European Court of Human Rights, Siliadin v. France

JEL Classification: D63, N10

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Date posted: July 12, 2013  

Suggested Citation

Scott, Rebecca J., Under Color of Law: Siliadin v France and the Dynamics of Enslavement in Historical Perspective (September 2012). The Legal Understanding of Slavery: From the Historical to the Contemporary. Allain, J., Ed. Oxford University Press, 2012; U of Michigan Public Law Research Paper No. 334. Available at SSRN: http://ssrn.com/abstract=2292681

Contact Information

Rebecca J. Scott (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
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