PropertyProf Blog

Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

Monday, July 22, 2013

Scott on the Definition of Slavery

ScottRebecca Scott (Michigan) has posted Under Color of Law: Siliadin v France and the Dynamics of Enslavement in Historical Perspective (Book Chapter) on SSRN.  Here's the abstract:

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.

Steve Clowney

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