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