{"title":"第十三修正案与全球经济中的奴隶制","authors":"T. Wolff","doi":"10.2307/1123649","DOIUrl":null,"url":null,"abstract":"The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches.I begin that reexamination here. In this article, I analyze the history of slavery and the slave trade in America in order to identify the principles that lie at the core of the Thirteenth Amendment's eradication of those practices. I describe how the Court has translated these core principles into a new industrial context once before, in response to the rise of domestic peonage arrangements in the nineteenth and early twentieth centuries. I then offer a model for translating these same core principles into the emerging context of the global economy and, in the process, lay the foundation for a more modern and salient Thirteenth Amendment jurisprudence.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":null,"pages":null},"PeriodicalIF":3.4000,"publicationDate":"2002-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1123649","citationCount":"13","resultStr":"{\"title\":\"The Thirteenth Amendment and Slavery in the Global Economy\",\"authors\":\"T. Wolff\",\"doi\":\"10.2307/1123649\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches.I begin that reexamination here. In this article, I analyze the history of slavery and the slave trade in America in order to identify the principles that lie at the core of the Thirteenth Amendment's eradication of those practices. I describe how the Court has translated these core principles into a new industrial context once before, in response to the rise of domestic peonage arrangements in the nineteenth and early twentieth centuries. I then offer a model for translating these same core principles into the emerging context of the global economy and, in the process, lay the foundation for a more modern and salient Thirteenth Amendment jurisprudence.\",\"PeriodicalId\":51408,\"journal\":{\"name\":\"Columbia Law Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":3.4000,\"publicationDate\":\"2002-05-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2307/1123649\",\"citationCount\":\"13\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Columbia Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2307/1123649\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Columbia Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2307/1123649","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
The Thirteenth Amendment and Slavery in the Global Economy
The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches.I begin that reexamination here. In this article, I analyze the history of slavery and the slave trade in America in order to identify the principles that lie at the core of the Thirteenth Amendment's eradication of those practices. I describe how the Court has translated these core principles into a new industrial context once before, in response to the rise of domestic peonage arrangements in the nineteenth and early twentieth centuries. I then offer a model for translating these same core principles into the emerging context of the global economy and, in the process, lay the foundation for a more modern and salient Thirteenth Amendment jurisprudence.
期刊介绍:
The Columbia Law Review is one of the world"s leading publications of legal scholarship. Founded in 1901, the Review is an independent nonprofit corporation that produces a law journal edited and published entirely by students at Columbia Law School. It is one of a handful of student-edited law journals in the nation that publish eight issues a year. The Review is the third most widely distributed and cited law review in the country. It receives about 2,000 submissions per year and selects approximately 20-25 manuscripts for publication annually, in addition to student Notes. In 2008, the Review expanded its audience with the launch of Sidebar, an online supplement to the Review.