2023-09-28 14:46:10 +00:00
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abstract: 'Feminist legal theorists have devoted enormous attention to
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conceptualizing the issues of sex work and trafficking for sexual
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purposes. While these theories vary, they typically fall into one of two
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camps. The abolitionist perspective, having grown out of dominance
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feminist theory, perceives sex work as inherently exploitative. In
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contrast, a second group of theorists adopts a liberal notion of
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individual choice and draws on the poststructuralist rejection of gender
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essentialism to envision a theoretical model of sex-worker rights. The
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legal and public policies that grow from these two models are similarly
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polarized. Radical feminist abolitionists are often strange bedfellows
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with evangelical Christian organizations, working to end all sex work by
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rescuing women, regardless of any individual volition exercised in
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choosing the profession. On the other hand, organizations focused on
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sex-worker rights seek to help sex workers take care of themselves
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without fully questioning the social circumstances that lead women to
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make such a choice.
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This Article proposes a new theoretical model of trafficking for sexual
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purposes: a third-way feminist account of sex trafficking. Leveraging
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the feminist literature on constrained autonomy, the author draws on her
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own experience working with trafficked African and Asian populations to
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offer this new approach. This model relies on the dominance feminist
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critique of social conditions generative of women''s economic
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desperation, which often underlies women''s choice to engage in sexual
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labor. At the same time, the author rejects gender essentialism and
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endorses a liberal notion of the individual woman as an actor with real,
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though constrained, personal autonomy. Having explored this theoretical
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model, the Article identifies a series of interventions in trafficking
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for sexual purposes that recognize the individual and her personal
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resources while ultimately seeking to further her own autonomy.
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In proposing these interventions, this Article directly offers a vision
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of how feminist legal theory can work to alleviate poverty and other
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social barriers that third-world women encounter in trying to support
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themselves and their families. Finally, the Article closes with a
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consideration of the relationship between the author''s proposed
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third-way feminist model and the international development literature on
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the capabilities approach. The interventions that arise from this
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third-way conception of feminist theory complement the capabilities
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model of development, as both seek to broaden the individual''s life
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options in pursuit of a more robust individual agency.'
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affiliation: 'Cavalieri, S (Corresponding Author), Univ Toledo, Coll Law, Toledo,
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OH 43606 USA.
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Univ Toledo, Coll Law, Toledo, OH 43606 USA.'
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author: Cavalieri, Shelley
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author_list:
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- family: Cavalieri
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given: Shelley
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da: '2023-09-28'
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eissn: 2169-3218
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files: []
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issn: 0019-6665
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journal: INDIANA LAW JOURNAL
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keywords-plus: GENDER; WOMEN; RAPE
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language: English
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month: FAL
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number: '4'
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number-of-cited-references: '91'
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pages: 1409-1458
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papis_id: 67baf08ceddf5891881a0e228934b77f
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ref: Cavalieri2011victimagent
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times-cited: '25'
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title: 'Between Victim and Agent: A Third-Way Feminist Account of Trafficking for
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Sex Work'
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2023-10-01 08:15:07 +00:00
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type: article
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2023-09-28 14:46:10 +00:00
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unique-id: WOS:000292011300005
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usage-count-last-180-days: '0'
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usage-count-since-2013: '24'
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volume: '86'
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web-of-science-categories: Law
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year: '2011'
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