Improving the Effectiveness of the International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports

In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on the behavior of states. In looking to the future, the article focuses on how this influential unilateral compliance mechanism could improve its legitimacy, respond to negative impacts, and better contribute to the international legal regime around trafficking.     

Interviewing Witnesses: The Effect of Forced Confabulation on Event Memory

After viewing a crime video, participants answered 16 answerable and 6 unanswerable questions. Those in the "voluntary guess" condition had a "don't know" response option; those in the "forced guess" condition did not. One week later the same questions were answered with a "don't know" option. In both experiments, information generated from forced confabulation was less likely remembered than information voluntarily self-generated. Further, when the same answer was given to an unanswerable question both times, the confidence expressed in the answer increased over time in both the forced and the voluntary guess conditions. Pressing eyewitnesses to answer questions, especially questions repeated thrice (Experiment 2), may not be an effective practice because it reliably increases intrusion errors but not correct recall.     

The law and the sublime: Rethinking the self and its boundaries

Christine Battersby has argued that it is Kant (and not Descartes) who provides the paradigm model of what it is to be a self in modernity. The Kantian self is established in opposition to its other. The body is commonly envisaged as a container, with selfhood as something that is defended against the outside. In contrast, she proposes a feminist reworking of such a model of selfhood, applicable to both men and women, in which the self and other emerge over time through patterns of relationality. This paper introduces Battersby’s work by focusing upon her early analysis of Kantian aesthetics, in particular the sublime. The aim is to draw out some of the legal and political implications of her work, particularly with regard to the common law’s developing conception of privacy. This is carried out by distinguishing her ontological position from the psychology of Carol Gilligan and then by considering the overlapping concerns of Jennifer Nedelsky in the area of legal theory.

Black and White or Technicolor

This article traces the repression of a signifying elements like color in the art of the late medieval period and coordinates it with the rise of text, sovereignty and legal order in the 16th century. It uses Deleuze’s notions of life and the virtual as a springboard for an analysis of the power of color in Giotto, Fra Angelico, Grunewald, Cranach and Holbein. It traces a trajectory from an art in the late Middle Ages that decodes and escapes judgment through a joyful use of color to a privileging of text (be it biblical or legal), repression of color and its reterritorialization in classical representation, a despotic regime of signs – seen quite literally in the portrait of the imperial and despotic monarch, Henry VIII. This trajectory in art is linked to an analogous movement: the imposition and extension of sovereignty and the legal system as well as the colonization of social life by law in the formative period of the nation state. The challenge is to create a world of technicolor, to actualize the color of living and the living of color. Without it, there is only law, in black and white.

Return of the fetish: a plea for a new materialism

This essay argues for a renewed form of critique based upon a non-deflationary realist and materialist understanding of the nature of objects. Such an understanding is set against the deflationary conception of materiality common nowadays, one that sees ‘signs’ in the place of powerful objects (exemplars, charms, fetishes), adjudicates against the latter as mere relics of the past and can only conceive of material relations and causality in representational terms, as co-relative to our self-positing powers. Such a conception is responsible for our present inability to think the role of radical claims, thick attachments and religious objects in modern secular societies. The argument is developed from within a phenomenological tradition that includes Hegelo-Marxian themes and connects them with more and less recent insights from anthropology and elsewhere concerning value and objectification in modern times.