The Situationist

The Situation of Human Trafficking – Abstract

Posted by The Situationist Staff on June 12, 2009

Human TraffickingJonathan Todres has recently posted a fascinating article, titled “Law, Otherness, and Human Trafficking” (49 Santa Clara Law Review 605-672 (2009) on SSRN. Here’s the abstract.

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Despite concerted efforts to combat human trafficking, the trade in persons persists and, in fact, continues to grow. This article suggests that a central reason for the limited success in preventing human trafficking is the dominant conception of the problem, which forms the basis for law developed to combat human trafficking. Specifically, the author argues that “otherness” is a root cause of both inaction and the selective nature of responses to the abusive practice of human trafficking. Othering operates across multiple dimensions, including race, gender, ethnicity, class, caste, culture, and geography, to reinforce a conception of a virtuous “Self” and a devalued “Other.” This article exposes how this Self/Other dichotomy shapes the phenomenon of human trafficking, driving demand for trafficked persons, influencing perceptions of the problem, and constraining legal initiatives to end the abuse. By examining human trafficking through an otherness-aware framework, this article aims to elucidate a deeper understanding of human trafficking and offer a prescription for reducing the adverse effects of otherness on both efforts to combat human trafficking and the individuals that now suffer such abuses.

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You can download the article for free here.  For a sample of related Situationist posts, see “The Situational Effect of Groups,” The Situational Benefits of Outsiders,” Racism Meets Groupism and Teamism,” ‘Us’ and ‘Them,’” “Team-Interested Decision Making,” “Some (Interior) Situational Sources War – Part I,” and “March Madness.”

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