When an international treaty was being drafted to prohibit slavery, the definition of slavery that was agreed in 1926 attempted to address this problem. The Slavery Convention defined slavery, in the first Article, as “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.” Does this mean that legal ownership of one person by another is still necessary, in which case it will have almost no application today, or does it mean that a broader category of practices will be caught by the definition? In particular, how far should we use our understanding of the historical practice of slavery to inform our interpretation of what “the powers attaching to the right of ownership” means in the slavery context?
Posted on: Sat, 22 Mar 2014 11:56:22 +0000
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