Fouladvand and Ward revd. 2 Nov 2018 %28clean%29 (1).pdf (525.39 kB)
Human trafficking, vulnerability and the state
journal contribution
posted on 2023-06-20, 14:17 authored by Shahrzad FouladvandShahrzad Fouladvand, Tony WardThis article looks at human trafficking from a perspective influenced by the ‘vulnerability theory’ developed by Martha Fineman and her associates. It draws particularly on empirical studies of human trafficking from Albania to the UK and elsewhere. It suggests that Fineman’s approach needs to be modified to see the state not only as ameliorating vulnerability, or failing to do so, but as actively creating and using vulnerability to control or exploit its population. The fact that people are placed, for political, social and economic reasons, in situations of heightened vulnerability does not of itself deprive them of agency or responsibility. People should, however, be understood as ‘vulnerable subjects’ whose capacity for autonomy may be lost when they are deprived of supportive social relationships. The implications of this view for the criminal responsibility of trafficking victims are explored.
History
Publication status
- Published
File Version
- Accepted version
Journal
The Journal of Criminal LawISSN
0022-0183Publisher
SAGE PublicationsExternal DOI
Issue
1Volume
83Page range
39-54Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2018-11-15First Open Access (FOA) Date
2018-12-03First Compliant Deposit (FCD) Date
2018-11-15Usage metrics
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