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August 21, 2019

"The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration"

The title of this post is the title of this new paper now available via SSRN authored by Michele Goodwin. Here is its abstract:

The Article makes two conceptual contributions.  First, it tells a story about the Thirteenth Amendment forbidding one form of slavery while legitimating and preserving others. Of course, the text does not operate absent important actors: legislatures and courts.  Yet, as explained by Reva Siegel, despite “repeated condemnation of slavery,” such united opposition to the practice "may instead function to exonerate practices contested in the present, none of which looks so unremittingly 'evil' by contrast."  In this case, uncompensated prison labor inures economic benefits to the state and the companies capable of extracting it.

The Article argues that this preservation of the practice of slavery through its transformation into prison labor means only that socially, legislatively, and judicially, we have come to reject one form of discrimination: antebellum slavery, while distinguishing it from marginally remunerated and totally unremunerated prison labor, which courts legitimate.  The Article tells the story of post-slavery convict leasing; fraud and debt peonage; as well as the heinous practices imposed on children through coercive apprenticeship laws throughout the American south.  The Article then addresses modern slavery's transformations, including federal and state prison labor and the rise of private prisons.  It concludes by offering pathways forward.

August 21, 2019 at 10:15 AM | Permalink


A prisoner who has work duties is little different than an army private sweeping the mess hall. The army private is no longer 'drafted" so he is more voluntary than a drafted army guy or an inmate. But having inmates do work is good for them and good for society. We need to teach them trades such as painting (no tools to use to break out with like carpentry) and trades such as gutter sweeping. When they get out they could get jobs.
Less would commit crimes.

Posted by: PeeDog | Aug 22, 2019 3:35:00 PM

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