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The Legal Understanding of SlaveryFrom the Historical to the Contemporary$
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Jean Allain

Print publication date: 2012

Print ISBN-13: 9780199660469

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199660469.001.0001

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Under Color of Law

Under Color of Law

Siliadin v France and the Dynamics of Enslavement in Historical Perspective

(p.152) 8 Under Color of Law
The Legal Understanding of Slavery

Rebecca J. Scott

Oxford University Press

This chapter discusses the dynamics of enslavement using a historical perspective. It studies the courts' reluctance to use the term ‘slavery’ in modern cases, as seen in the case of Siwa Akofa Siliadin. It then discusses the dynamics of enslavement in Santiago and New Orleans, and cites the case of a certain refugee who faced the effort to create a ‘genuine right of legal ownership’ over her. Finally, the chapter views enslavement as a process.

Keywords:   dynamics of enslavement, historical perspective, legal ownership, genuine right, enslavement as process

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