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Questions tagged [slavery]

A legal system in which individuals can be owned, potentially without their consent, and treated as property.

Slavery is a legal system in which an individual can be owned, potentially without his consent, and is treated as property. While it once had legal support in most societies, the practice is now formally outlawed in all countries.

Further Reading

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Why isn't a draft (conscription) slavery?

The 13th Amendment bans all slavery except for "a punishment for crime whereof the party shall have been duly convicted." It doesn't appear to contain any language about military service or national security. A draft is involuntary work that there…
SegNerd
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Is it true that it's not illegal for a parent to sell their 13-year-old child to a drug dealer?

My question is prompted by an episode of the TV show Law & Order, specifically the 6th-season episode titled "Slave". In the episode, a couple of the lawyers state as fact that it is not illegal for a parent to sell their child. That seems clearly…
Tom
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Before the 13th Amendment, could people sell themselves into slavery in the USA?

Classical (non-racial) systems of slavery in Western civilization, such as Greco-Roman, Celtic, etc. typically included provisions for selling oneself into slavery. This might be as a way to escape crushing debt, or done as a matter of honor to…
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Ex-slaves not born in U.S. and 14th Amendment

The 14th Amendment states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Did cases ever arise in courts concerning any ex-slaves not born in the United States…
guero64
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Is slavery Illegal in the United States?

I have been bothered by the phrasing of the 13th Amendment since I first read it, in particular the bold: Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall…
Will
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Is it legal to sign a “contract” like that of Colleen Stan to voluntarily bond oneself into slavery?

Obviously in Colleen Stan’s actual case there are several other problems: fraud/brainwashing/deception, possibly a lack of consideration, to name a couple. But is there anything wrong in principle with freely consenting adults contracting for one to…
TylerDurden
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Could an American slave own intellectual property over things they created?

Say that an individual were a slave in the United States before the passage of the 13th Amendment to the US Constitution, abolishing slavery. Could such a slave own intellectual property over things they created (let's assume it was of their own…
Thunderforge
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What is the punishment for slavery in the United States?

It appears that slavery is in fact illegal. What is the punishment for practicing it?
Ali d
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Privileges of states "now existing" in contrast to other states, in importation of slaves

Article I, Section 9, Clause 1 of the Constitution of the United States says: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one…
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Could Congress have ended slavery without the 13th Amendment?

The 13th Amendment to the United States Constitution reads: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject…
David Pfeffer
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What actually is a “Modern Day Slavery Policy”?

On many businesses’ websites there is an unobtrusive link to a so-called modern day slavery policy. What is this, and what provisions does it fulfill or get governed by?
TylerDurden
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Plausibility of US Suit over Ownership of Photos of Slaves

Background As reported in this Washington Post news article and many similar articles in other major news organs, a lawsuit has very recently been filed against Harvard University and various associated institutions, including Harvard's Peabody Muse…
David Siegel
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What would prevent a US judge from condeming someone to slavery according to the 13th amendment?

Let us assume that a particularly perverted judge (or a subversive one seeking to make a public case) condemns a convicted criminal to slavery, according to the 13th amendment that seems to allow for such a possibility: 13th Amendment of US…
Matifou
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What is the legislative history of 18 U.S.C. § 1595 on "Civil Remedy" for crimes in Chapter 77 on peonage, slaver & trafficking in persons?

Since its enactment, the Chapter has undergone substantial changes. Initially, for e.g., the lack of specific definitions of "serious harm" § 1589 (c)(1) and (2) halted effective prosecution and actions for restitution and damages, and entertained…
kisspuska
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Legality of Auctioning International Criminals/Terrorists?

Wild hair brain thought here that I'm not finding much on. So the idea is this: there are international bounties for heinous individuals that multiple people may have an interest in capturing, be they the leaders of drug cartels, fugitive Nazis,…
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