Feminist debates on sex trafficking have become entrenched and polarised, with abolitionists producing images of helpless abused victims, while sex worker advocates work hard to achieve some recognition of the agency of migrant sex workers. This article explores constructions of embodiment, subjectivity and agency in the debate, showing how abolitionist views, in spite of their efforts to challenge liberal pro-sex perspectives, rely on a familiar vision of the body as a singular, bounded and sovereign entity whose borders must be secured (...) against invasion. The result is a vision in which victimisation is taken to epistemically compromise the subjectivities of sex workers, forcing them and their advocates to argue for recognition of their agency according to familiar liberal models of consent in order to be able to enter the debate. Drawing on the recent work of Judith Butler on consent and vulnerability, this article argues that what is needed is a rethinking of bodily ontology so that the vulnerability of sex workers is not opposed to their agency, but rather seen as an inevitable aspect of embodied sociality, constituting a call to ethical engagement and a recognition of the inequitable global distributions of precarity that produce sex trafficking as part of contemporary geopolitics. From this perspective, the alignment between radical feminist efforts to secure women's bodily borders and global efforts to secure national borders no longer appears as coincidence. (shrink)

This article explores the representational practices of feminist theorising around gender and violence. Adapting Liz Kelly’s notion of the continuum of women’s experiences of sexual violence, I argue that ‘continuum thinking’ can offer important interventions which unsettle binaries, recognise grey areas in women’s experiences and avoid ‘othering’ specific communities. Continuum thinking allows us to understand connections whilst nevertheless maintaining distinctions that are important conceptually, politically and legally. However, this is dependent upon recognising the multiplicity of continuums in feminist theorising – (...) as well as in policy contexts – and the different ways in which they operate. A discussion of contemporary theory and policy suggests that this multiplicity is not always recognised, resulting in a flattening of distinctions which can make it difficult to recognise the specifically gendered patterns of violence and experience. I conclude by considering how focusing on men’s behaviour might offer one way of unsettling the contemporary orthodoxy which equates gender-based violence and violence against women. (shrink)

When considering spaces of sex-work such as Patpong in Bangkok, Thailand, the inclination is to be drawn into habitual debates concerning the legitimacy of sex-work and the clear objectification of sex-workers. While these concerns are valid and real, there are significant absences in terms of the theoretical mapping of the space, such as the affect of the presence of law, bodies, space and the sexual encounter itself. Law emerges as the most significant presence, since it both forms the transactional surface (...) of Patpong and produces the confusion and revilement that results from the confluence of cold legal exchange with the tactile intimacy of the sexual encounter. This text explores the ethnographic space of Patpong in order to understand ways in which law’s transactional, effective surface is both embodied through subjectivication and spatially emplaced, yet also disrupted through the affective agency of the bodies and spaces it enfolds in order to produce this surface. This exploration will point to the limitations of law’s effective surface and suggest ways in which law might be located within a regime of affect, which returns the law to the body it subjectivises. (shrink)

The SlutWalk campaigns around the world have triggered a furious debate on whether they advance or limit feminist legal politics. This article examines the location of campaigns such as the SlutWalk marches in the context of feminist legal advocacy in postcolonial India, and discusses whether their emergence signifies the demise of feminism or its incarnation in a different guise. The author argues that the SlutWalks, much like the Pink Chaddi (panty) campaign in India, provide an important normative and discursive challenge (...) to a specific strand of feminism based on male domination and female subordination in the area of sexuality and also speaks to the emergence of consumer agency in the very heart of pleasure in the neo-liberal moment. It serves as a space clearing gesture, a form of feminism ‘lite’, rather than offering a transformative or revolutionary politics, and thus enables the possibility of feminist theoretical positions in a postcolonial context that have hitherto been marginalised or ignored in feminist legal advocacy in India to emerge. (shrink)

While the turn to vulnerability in law responds to a recurrent critique by feminist scholars on the disembodiment of legal personhood, this article suggests that the mobilization of vulnerability in the criminal courts does not necessarily offer female drug mules a direct path to justice. Through an analysis of sentencing appeals of female drug mules in England and Wales, this article presents a feminist critique of the dispositif of the person and its relation to vulnerability. Discourses on drug mules’ vulnerability (...) mobilize the trope of the colonial victim in need of protection, which is often translated into legal mercy. But mercy is rather an expression of biopower which inscribes not only fragility onto the bodies of drug mules by figuring them as exemplar paradigms of colonial subjectivity, but also reinvigorates the dispositif of gender implicit in the legal person. In this set-up, it would appear as if law and politics totalize the registers of life, in this case the contours of vulnerable body. The article suggests we must revisit the image of the wounded body in order to carve out a space for resistance. Drawing on Elaine Scarry and Judith Butler, it suggests vulnerable bodies are marked by a semiotic openness, which renders them subject to appropriation but also able to signify the precarity produced by the law through their resistance to representation. (shrink)

Human trafficking is increasingly recognized as an outcome of economic insecurity, gender inequality, and conflict, all significant factors in the region of southern Africa. This paper examines policy responses to human trafficking in southern Africa and finds that there has been a diffusion of international norms to the regional and domestic levels. This paper finds that policy change is most notable in the strategies and approaches that differ at each level: international and regional agreements emphasize prevention measures and survivor assistance, (...) but national policies emphasize prosecution measures. Leaders across the region have adapted these policy norms to fit regionally specific conditions, including HIV/AIDS, conflict, traditional leaders, and prostitution. Yet, national policies often fail to incorporate preventative solutions to address gender inequality, human rights, and economic development. Until appropriate funding and preventative measures are introduced, the underlying issues that foster human trafficking will continue. (shrink)

In recent years, rather than addressing the needs of sex workers themselves or of trafficked persons, international anti-trafficking law has been mobilised towards an ideological end, namely the abolition of sex work. The vulnerability of ‘third world’ female sex workers in particular has provided a potent image for justifying state intervention backed by the full force of the criminal law. Moral legitimacy has been afforded to this by a radical feminist discourse which views sex workers as nothing but hapless victims. (...) Drawing on the work of Martha Fineman and legal realists like Robert Hale, this article redeploys vulnerability in trafficking debates to depart from its narrative of victimhood and to offer a renewed critique of liberal legalism, which has in the trafficking context been characterised by legal strategies of criminalisation and the attendant rescue and rehabilitation of trafficked persons. Specifically, it examines how three Indian social legislations regulating bonded labour, contract labour and inter-state migrant labour, and targeted at the domestic trafficking of men, conceptualise vulnerability in substantially different ways when compared to the 2000 Palermo Protocol on Trafficking (at least as it has been enforced to date). To the extent that these Indian laws construe the vulnerability of labour as systemic, trafficking is understood as a problem of labour migration to be addressed primarily by labour law. As such, this view of vulnerability, I argue, not only helps to de-exceptionalise trafficking as always equivalent to the trafficking of women for sex work, and therefore sex work, but also to substantively address the vulnerability of both male and female workers in other labour markets. (shrink)

This thesis examines the desire and efforts to ‘do something’ about what is variously called ‘modern slavery’ or ‘human trafficking’. Neoabolitionist efforts to fight such phenomena are typically wedded to a simplistic and essentialist ontology, unaware of or rejecting their own performativity. The thesis is not about slavery: it is about the ethico-political problem of responsibility and hospitality toward the other in the context of contemporary anti-slavery. What constitutes an ethical response to modern slavery? I explore the often violent effects (...) of particular answers to this question but ultimately argue that the focus on doing something threatens the very possibility of hospitality – of an ethical response. Through a conceptual vocabulary of ‘scenes’ I explore the performative interrelation of ontology and ethics. It is intended to help resist the metaphysical seductions of ontology and moral urgency. Scenes bundle specific ontologies, frames, conjured histories and futures, roles and narrative structures, distributions of concern, desire and enjoyment. Response begins with the discursive and affective co-constitution of the self, the one to whom we respond, and the scene in which it takes place. Scene-specific forms of responsibility can operate as a defence against the full force of responsibility to the other. Chapters 1 and 2 develop the notion of scenes and explore how neoabolitionism sets its scenes and locates favoured solutions. The remaining chapters explore those solution areas. Chapter 3 looks at how a US movement against ‘sex trafficking’ in internet advertising reproduces a Manichean world of simplicity by a game of Whac-A-Mole™ with websites, ritualistic repetition of baseless ‘facts’, silencing of sex workers, and aggressive demonization of those who disagree or argue for greater complexity; Chapters 4 and 5 draw on time I spent in San Francisco with two very different organisations. One, Not For Sale, makes a product of experiencing neoabolitionism, joining together charity, capitalism, consumer enjoyment, technology and the excitement of a movement of ‘true believers’, producing innovative approaches but in the process reinforcing problematic gendered and colonial stereotypes. The other, Anti-trafficking Collaborative of the Bay Area, works quietly and tactically in a messy immigration system, aware of the political and performative nature of their work. They actively take responsibility for their own preconceptions and desires to ground a profoundly hospitable client-centred approach avoiding many pitfalls identified in earlier chapters. The thesis has a performative element woven through it – the ethos of the work is one of unsettling both existing practices and literatures, and the writer and reader. The concluding chapter explores the impossibility of hospitality, its interrelation with juridical subjectivity and the ethics demanding and giving accounts in light of the preceding chapters, suggesting a performative approach toward the other is possible. (shrink)