LBST 307 Study Guide - Final Guide: Transnational Organized Crime, Involuntary Servitude, Jus Gentium

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Main Ideas
Jean Allain Readings
The Definition of Slavery in 18th Century Thinking by John W. Cairus
Florentinus explained slavery by contrasting it with freedom:
o Feedo is oe’s atual poe of doig hat oe pleases, sae isofa as it is
ruled out either by coercion or law. Slavery is a product of the ius gentium,
whereby someone against nature is made subject to the ownership of another.
Slaves (servi) are so-called because generals are accustomed not to kill but to sell
their captives and thereby to save (servare) them.
Thomas Cobb 1832-86 ontrasted eteen pure slaery and inoluntary seritude
Pure Slavery: the slave loses all personality, and is viewed as property
Involuntary Servitude: While treated as a lower class the person possesses various
rights as a person and is treated as a person by the law.
Cobb also believed the status of a Slave in the Roman law was
E. Understanding the Modern Law on Slavery
Enforced labor was common in the 18th century
Individuals became servants in colonies but were seen as the same as Roman slaves.
Men were forcibly recruited into the Navy
What underpinned slavery was violence through threatening and coercion
Roman Legal tradition had it where slaves were owned or classed as property.
The individual might not be classed as a res, an object of ownership, but the powers
exercised over him or her were such that he or she might as well be.
The Legal Definition of Slavery into the Twenty-First Century by Jean Allain
The definition of slavery established by the League of Nations in 1926 as “ the status
or condition of a person over whom any or all of the powers attaching to the rights of
owneship ae eeise’
Colonialism and decolonization has allowed the 21st definition to differentiate from the
1926 definition.
Defining slavery in all its Forms: Historical Inquiry as Contemporary Instruction
by Joel Quirk
Slavery has both analytical and political dimensions
As we have seen, the creation and interpretation of international laws governing slavery
has always been an inherently political exercise.
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By recognizing instances of non commercial slavery we can understand different forms
of slavery and how general definitions are often to narrow to define slavery (i.e. forced
marriage and forced military)
While the 1926 definition of slavery does not cover every case of human bondage, I
have sought to show that it may well apply to cases that have not yet been given
sustained legal consideration as instances of slavery.
Mary C. Burke Readings
Introduction to Human Trafficking: Definitions and Prevalence by Mary C. Burke
The United Nations Convention against Transnational Organized Crime, is the primary
legal instrument used to combat transnational organized crime.
They have 3 protocols which consists of :
o The Protocol to Prevent
o The Protocol to Suppress and Punish Trafficking in Persons, Especially Women
and Children
o The Protocol against the Illicit Manufacturing of and Trafficking in Firearms
Forms of Human Trafficking
Bonded Labor or Debt Bondage: which a person is tricke into taking a loan, then the
person must work to repay the loan, however repayment methods are often undefined
and passed to down to generations.
Chattel Slavery: characterized by ownership of one person by another and individuals in
this form slavery of slavery are bought and sold as commodities.
Early and Forced Marriage: primarily affects girls and women who are married to men
without any choice in which they live as servants to the men and are often victims to
sexual and physical violence.
Forced Labor: an individual being forced to work against her or his will, without
compensation, with restrictions on freedom, and under violence or its threat.
Involuntary Domestic Servitude: form of forced labor in which an individual performs
work within a residence such as cooking, cleaning, childcare, and other tasks. This
becomes trafficking when the employer uses force to control the individual
Sex Trafficking: form of human trafficking in which a commercial sex act is induced by
force, fraud, or coercion; or a sex act in which the person induced to perform is under
18 years of age.
Slavery by Descent: occurs when individuals are born into a socially constructed class or
ethnic group that is regulated to slave status.
Child Trafficking: displacing a child for the purpose of economic exploitation. (labor and
sexual exploitation)
Worst forms of Child Labor: child work that is seen as harmful to the physical and
psychological health and welfare of the child.
Child Soldiering: the use of children as combatants; it may also involve children forced
into labor or sexual exploitation by armed forces.
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