White Slavery and the Crisis of Will in the Age of Contract

43 Pages Posted: 14 Mar 2019 Last revised: 4 Apr 2019

See all articles by Sherally Munshi

Sherally Munshi

Georgetown University Law Center

Date Written: 2018

Abstract

Recognizing human freedom is never as simple as acts of legal pronouncement might suggest. Liberal abstractions like freedom and equality; legal formulations of personhood, free will, and contract; the constructed divisions between public and private, self and other, home and market on which the former are predicated — these are often inadequate to understanding, let alone realizing, the shared aspirations they supposedly define. By the same token, the dense and dynamic relations of power that characterize any liberal society overwhelm and exceed our critical vocabulary. “Racism,” “sexism,” and “capitalism” powerfully name structures of inequality, but they fail to capture the full spectrum of social relations, practices, and exchanges that reproduce inequality — deep structures of feeling, unspoken common sense, the stories we tell ourselves about the world and our places in it. Focusing on an early twentieth-century case involving an immigrant convicted of “white slavery,” accused of “mesmerizing” his secretary, this Article explores the ways in which the white slave panic and spiritualist practices reflect a set of anxieties about the nature of agency and consent obscured by the universalizing and formalist abstractions of contract law and theory. Through a close reading of competing narratives surrounding the case, this Article seeks to investigate some of the ways in which the rhetorical distortions of law affect the lives of its most vulnerable subjects.

Keywords: White Slavery, Race, Immigration, Women, Gender, Will, Agency, Contract, Consent, Mann Act, Lochner Era, Progressive Era, Kavanaugh

Suggested Citation

Munshi, Sherally, White Slavery and the Crisis of Will in the Age of Contract (2018). Yale Journal of Law & Feminism, Vol. 30, No. 2, 2018, Available at SSRN: https://ssrn.com/abstract=3347332

Sherally Munshi (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue NW
Washington, DC 20001
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
95
Abstract Views
723
rank
326,049
PlumX Metrics