Law, Otherness, and Human Trafficking

Publication Title

Santa Clara Law Review

Document Type

Article

Publication Date

1-1-2009

Abstract

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.

Comments

External Links
Westlaw
Lexis Advance
HeinOnline
SSRN

Recommended Citation

Jonathan Todres, Law, Otherness, and Human Trafficking, 49 Santa Clara L. Rev. 605 (2009).

Volume

49

Issue

3

First Page

605

Last Page

672

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