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Pedophilia
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This article is about the sexual preference toward prepubescent children. It is not to be confused with hebephilia or ephebophilia.
Pedophilia
Classification and external resources
ICD-10
F65.4
ICD-9
302.2
MeSH
D010378
Pedophilia or paedophilia is a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children, generally age 11 years or younger.[1][2] As a medical diagnosis, specific criteria for the disorder extend the cut-off point for prepubescence to age 13.[1] A person who is diagnosed with pedophilia must be at least 16 years of age, but adolescents must be at least five years older than the prepubescent child for the attraction to be diagnosed as pedophilia.[1][2]
Pedophilia is termed pedophilic disorder in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), and the manual defines it as a paraphilia in which adults or adolescents 16 years of age or older have intense and recurrent sexual urges towards and fantasies about prepubescent children that they have either acted on or which cause them distress or interpersonal difficulty.[1] The International Classification of Diseases (ICD-10) defines it as a sexual preference for children of prepubertal or early pubertal age.[3]
In popular usage, the word pedophilia is often applied to any sexual interest in children or the act of child sexual abuse.[4][5] This use conflates the sexual attraction (pedophilia) with the act of abuse (child molestation), and does not distinguish between attraction to prepubescent and pubescent or post-pubescent minors.[6][7] Researchers recommend that these imprecise uses be avoided because although people who commit child sexual abuse sometimes exhibit the disorder,[5][8] child sexual abuse offenders are not pedophiles unless they have a primary or exclusive sexual interest in prepubescent children,[6][9][10] and not all pedophiles molest children.[4][5][11][12]
Pedophilia was first formally recognized and named in the late 19th century. A significant amount of research in the area has taken place since the 1980s. Although mostly documented in men, there are also women who exhibit the disorder,[13][14] and researchers assume available estimates underrepresent the true number of female pedophiles.[15] No cure for pedophilia has been developed, but there are therapies that can reduce the incidence of a person committing child sexual abuse.[5] In the United States, following Kansas v. Hendricks, sex offenders who are diagnosed with certain mental disorders, particularly pedophilia, can be subject to indefinite civil commitment.[16] The exact causes of pedophilia have not been conclusively established.[17] Some studies of pedophilia in child sex offenders have correlated it with various neurological abnormalities and psychological pathologies.[18]
Contents [hide]
1 Etymology and definitions 1.1 History
1.2 Diagnostic criteria 1.2.1 DSM and ICD-10
1.2.2 Debate regarding the DSM criteria
2 Development and sexual orientation
3 Comorbidity and personality traits
4 Prevalence and child molestation
5 Child pornography
6 Causes and biological associations
7 Treatment 7.1 Cognitive behavioral therapy
7.2 Behavioral interventions
7.3 Sex drive reduction
8 In law and forensic psychology 8.1 Definitions
8.2 Civil and legal commitment
9 Societal views 9.1 General
9.2 Misuse of medical terminology
9.3 Pedophile advocacy groups
9.4 Anti-pedophile activism
10 In culture
11 See also
12 References
13 Further reading
14 External links
Etymology and definitions
The word pedophilia comes from the Greek: παῖς, παιδός (paîs, paidós), meaning "child", and φιλία (philía), "friendly love" or "friendship".[19] Pedophilia is used for individuals with a primary or exclusive sexual interest in prepubescent children aged 13 or younger.[1][2] Nepiophilia (from the Greek: νήπιος (népios) meaning "infant" or "child," which in turn derives from "ne-" and "epos" meaning "not speaking"), sometimes called "infantophilia" is sub-type of pedophilia,[8] but is used to refer to a sexual preference for infants and toddlers (ages 0–3 or those under age 5).[8][20] Hebephilia is defined as individuals with a primary or exclusive sexual interest in 11- to 14-year-old pubescents.[21] The DSM-5 does not list hebephilia among the diagnoses; while evidence suggests that hebephilia is separate from pedophilia, the ICD-10 includes early pubertal age (an aspect of hebephilia) in its pedophilia definition, covering the physical development overlap between the two philias.[12] In addition to hebephilia, some clinicians have proposed other categories that are somewhat or completely distinguished from pedophilia; these include pedohebephilia (a combination of pedophilia and hebephilia) and ephebophilia (though ephebophilia is not considered pathological).[22][23]
History
Pedophilia is believed to have occurred in humans throughout history,[24] but was not formally named, defined or studied until the late 19th century. The term paedophilia erotica was coined in 1886 by the Viennese psychiatrist Richard von Krafft-Ebing in his writing Psychopathia Sexualis.[25] The term appears in a section titled "Violation of Individuals Under the Age of Fourteen", which focuses on the forensic psychiatry aspect of child sexual offenders in general. Krafft-Ebing describes several typologies of offender, dividing them into psychopathological and non-psychopathological origins, and hypothesizes several apparent causal factors that may lead to the sexual abuse of children.[25]
Krafft-Ebing mentioned paedophilia erotica in a typology of "psycho-sexual perversion". He wrote that he had only encountered it four times in his career and gave brief descriptions of each case, listing three common traits:
1.The individual is tainted [by heredity] (hereditär belastete)[26]
2.The subject's primary attraction is to children, rather than adults.
3.The acts committed by the subject are typically not intercourse, but rather involve inappropriate touching or manipulating the child into performing an act on the subject.
He mentions several cases of pedophilia among adult women (provided by another physician), and also considered the abuse of boys by homosexual men to be extremely rare.[25] Further clarifying this point, he indicated that cases of adult men who have some medical or neurological disorder and abuse a male child are not true pedophilia and that, in his observation, victims of such men tended to be older and pubescent. He also lists pseudopaedophilia as a related condition wherein "individuals who have lost libido for the adult through masturbation and subsequently turn to children for the gratification of their sexual appetite" and claimed this is much more common.[25]
Austrian neurologist Sigmund Freud briefly wrote about the topic in his 1905 book Three Essays on the Theory of Sexuality in a section titled The Sexually immature and Animals as Sexual objects. He wrote that exclusive pedophilia was rare and only occasionally were prepubescent children exclusive objects. He wrote that they usually were the subject of desire when a weak person "makes use of such substitutes" or when an uncontrollable instinct which will not allow delay seeks immediate gratification and cannot find a more appropriate object.[27]
In 1908, Swiss neuroanatomist and psychiatrist Auguste Forel wrote of the phenomenon, proposing that it be referred to it as "Pederosis", the "Sexual Appetite for Children". Similar to Krafft-Ebing's work, Forel made the distinction between incidental sexual abuse by persons with dementia and other organic brain conditions, and the truly preferential and sometimes exclusive sexual desire for children. However, he disagreed with Krafft-Ebing in that he felt the condition of the latter was largely ingrained and unchangeable.[28]
The term pedophilia became the generally accepted term for the condition and saw widespread adoption in the early 20th century, appearing in many popular medical dictionaries such as the 5th Edition of Stedman's in 1918. In 1952, it was included in the first edition of the Diagnostic and Statistical Manual of Mental Disorders.[29] This edition and the subsequent DSM-II listed the disorder as one subtype of the classification "Sexual Deviation", but no diagnostic criteria were provided. The DSM-III, published in 1980, contained a full description of the disorder and provided a set of guidelines for diagnosis.[30] The revision in 1987, the DSM-III-R, kept the description largely the same, but updated and expanded the diagnostic criteria.[31]
Diagnostic criteria
DSM and ICD-10
The Diagnostic and Statistical Manual of Mental Disorders 5th edition (DSM-5) has a significantly larger diagnostic features section for pedophilia than the previous DSM version, the DSM-IV-TR, and states, "The diagnostic criteria for pedophilic disorder are intended to apply both to individuals who freely disclose this paraphilia and to individuals who deny any sexual attraction to prepubertal children (generally age 13 years or younger), despite substantial objective evidence to the contrary."[1] Like the DSM-IV-TR, the manual outlines specific criteria for use in the diagnosis of this disorder. These include the presence of sexually arousing fantasies, behaviors or urges that involve some kind of sexual activity with a prepubescent child (with the diagnostic criteria for the disorder extending the cut-off point for prepubescence to age 13) for six months or more, or that the subject has acted on these urges or suffers from distress as a result of having these feelings. The criteria also indicate that the subject should be 16 or older and that the child or children they fantasize about are at least five years younger than them, though ongoing sexual relationships between a 12- to 13-year-old and a late adolescent are advised to be excluded. A diagnosis is further specified by the sex of the children the person is attracted to, if the impulses or acts are limited to incest, and if the attraction is "exclusive" or "nonexclusive".[1]
The ICD-10 defines pedophilia as "a sexual preference for children, boys or girls or both, usually of prepubertal or early pubertal age".[3] Like the DSM, this system's criteria requires that the person be at least 16 years of age or older before being diagnosed as a pedophile. The person must also have a persistent or predominant sexual preference for prepubescent children at least five years younger than them.[2]
Several terms have been used to distinguish "true pedophiles" from non-pedophilic and non-exclusive offenders, or to distinguish among types of offenders on a continuum according to strength and exclusivity of pedophilic interest, and motivation for the offense (see child sexual offender types). Exclusive pedophiles are sometimes referred to as true pedophiles. They are sexually attracted to prepubescent children, and only prepubescent children. Showing no erotic interest in adults, they can only become sexually aroused while fantasizing about or being in the presence of prepubescent children, or both.[15] Non-exclusive offenders—or "non-exclusive pedophiles"—may at times be referred to as non-pedophilic offenders, but the two terms are not always synonymous. Non-exclusive offenders are sexually attracted to both children and adults, and can be sexually aroused by both, though a sexual preference for one over the other in this case may also exist. If the attraction is a sexual preference for prepubescent children, such offenders are considered pedophiles in the same vein as exclusive offenders.[3][15]
Neither the DSM nor the ICD-10 diagnostic criteria require actual sexual activity with a prepubescent youth. The diagnosis can therefore be made based on the presence of fantasies or sexual urges even if they have never been acted upon. On the other hand, a person who acts upon these urges yet experiences no distress about their fantasies or urges can also qualify for the diagnosis. Acting on sexual urges is not limited to overt sex acts for purposes of this diagnosis, and can sometimes include indecent exposure, voyeuristic or frotteuristic behaviors,[1] or masturbating to child pornography.[32] Often, these behaviors need to be considered in-context with an element of clinical judgment before a diagnosis is made. Likewise, when the patient is in late adolescence, the age difference is not specified in hard numbers and instead requires careful consideration of the situation.[33]
Ego-dystonic sexual orientation (F66.1) includes people who acknowledge that they have a sexual preference for prepubertal children, but wish to change it due to the associated psychological or behavioral problems (or both).
Debate regarding the DSM criteria
The DSM-IV-TR criteria was criticized simultaneously for being over-inclusive, as well as under-inclusive.[34] Though most researchers distinguish between child molesters and pedophiles,[9][10][12][34] Studer and Aylwin argue that the DSM criteria are over-inclusive because all acts of child molestation warrant the diagnosis. A child molester satisfies criteria A because of the behavior involving sexual activity with prepubescent children and criteria B because the individual has acted on those urges.[34] Furthermore, they argue that it also is under-inclusive in the case of individuals who do not act upon it and are not distressed by it.[34] The latter point has also been made by several other researchers who have remarked that a so-called "contented pedophile"—an individual who fantasizes about having sex with a child and masturbates to these fantasies, but does not commit child sexual abuse, and who does not feel subjectively distressed afterward—does not meet the DSM-IV-TR criteria for pedophilia, because this person does not meet Criterion B.[12][35][36][37] A large-scale survey about usage of different classification systems showed that the DSM classification is only rarely used. As an explanation, it was suggested that the under-inclusiveness, as well as a lack of validity, reliability and clarity might have led to the rejection of the DSM classification.[11]
Ray Blanchard, an American-Canadian sexologist known for his research studies on pedophilia, addressed (in his literature review for the DSM-5) the aforementioned objections to the DSM-IV-TR, and proposed a general solution applicable to all paraphilias. This meant namely a distinction between paraphilia and paraphilic disorder. The latter term is proposed to identify the diagnosable mental disorder which meets Criterion A and B, whereas an individual who does not meet Criterion B can be ascertained but not diagnosed as having a paraphilia.[38] Blanchard and a number of his colleagues also proposed that hebephilia become a diagnosable mental disorder under the DSM-5 to resolve the physical development overlap between pedophilia and hebephilia by combining the categories under pedophilic disorder, but with specifiers on which age range (or both) is the primary interest.[22][39] The proposal for hebephilia was rejected by the American Psychiatric Association,[40] but the distinction between paraphilia and paraphilic disorder was implemented.[1][41]
The American Psychiatric Association stated that "[i]n the case of pedophilic disorder, the notable detail is what wasn't revised in the new manual. Although proposals were discussed throughout the DSM-5 development process, diagnostic criteria ultimately remained the same as in DSM-IV TR" and that "[o]nly the disorder name will be changed from pedophilia to pedophilic disorder to maintain consistency with the chapter’s other listings."[41] If hebephilia had been accepted as a DSM-5 diagnosable disorder, it would have been similar to the ICD-10 definition of pedophilia that already includes early pubescents,[12] and would have raised the minimum age required for a person to be able to be diagnosed with pedophilia from 16 years to 18 years (with the individual needing to be at least 5 years older than the minor).[22]
O'Donohue, however, suggests that the diagnostic criteria for pedophilia be simplified to the attraction to children alone if ascertained by self-report, laboratory findings, or past behavior. He states that any sexual attraction to children is pathological and that distress is irrelevant, noting "this sexual attraction has the potential to cause significant harm to others and is also not in the best interests of the individual."[42] Also arguing for behavioral criteria in defining pedophilia, Howard E. Barbaree and Michael C. Seto disagreed with the American Psychiatric Association's approach in 1997 and instead recommended the use of actions as the sole criterion for the diagnosis of pedophilia, as a means of taxonomic simplification.[43]
Development and sexual orientation
Pedophilia emerges before or during puberty, and is stable over time.[44] It is self-discovered, not chosen.[5] For these reasons, pedophilia has been described as a disorder of sexual preference, phenomenologically similar to a heterosexual or homosexual sexual orientation.[44] These observations, however, do not exclude pedophilia from the group of mental disorders because pedophilic acts cause harm, and pedophiles can sometimes be helped by mental health professionals to refrain from acting on their impulses which cause harm to children.[45]
In response to misinterpretations that the American Psychiatric Association considers pedophilia a sexual orientation because it renamed the disorder pedophilic disorder in its DSM-5 manual, the association stated: "'[S]exual orientation' is not a term used in the diagnostic criteria for pedophilic disorder and its use in the DSM-5 text discussion is an error and should read 'sexual interest.'"[46]
Comorbidity and personality traits
Studies of pedophilia in child sex offenders often report that it co-occurs with other psychopathologies, such as low self-esteem,[47] depression, anxiety, and personality problems. It is not clear whether these are features of the disorder itself, artifacts of sampling bias, or consequences of being identified as a sex offender.[18] One review of the literature concluded that research on personality correlates and psychopathology in pedophiles is rarely methodologically correct, in part owing to confusion between pedophiles and child sex offenders, as well as the difficulty of obtaining a representative, community sample of pedophiles.[48] Seto (2004) points out that pedophiles who are available from a clinical setting are likely there because of distress over their sexual preference or pressure from others. This increases the likelihood that they will show psychological problems. Similarly, pedophiles recruited from a correctional setting have been convicted of a crime, making it more likely that they will show anti-social characteristics.[49]
Impaired self-concept and interpersonal functioning were reported in a sample of child sex offenders who met the diagnostic criteria for pedophilia by Cohen et al. (2002), which the authors suggested could contribute to motivation for pedophilic acts. The pedophilic offenders in the study had elevated psychopathy and cognitive distortions compared to healthy community controls. This was interpreted as underlying their failure to inhibit criminal behavior.[50] Studies in 2009 and 2012 found that non-pedophilic child molesters exhibited psychopathy, but pedophiles did not.[51][52]
Wilson and Cox (1983) studied the characteristics of a group of pedophile club members. The most marked differences between pedophiles and controls were on the introversion scale, with pedophiles showing elevated shyness, sensitivity and depression. The pedophiles scored higher on neuroticism and psychoticism, but not enough to be considered pathological as a group. The authors caution that "there is a difficulty in untangling cause and effect. We cannot tell whether paedophiles gravitate towards children because, being highly introverted, they find the company of children less threatening than that of adults, or whether the social withdrawal implied by their introversion is a result of the isolation engendered by their preference i.e., awareness of the social approbation and hostility that it evokes" (p. 324).[53] In a non-clinical survey, 46% of pedophiles reported that they had seriously considered suicide for reasons related to their sexual interest, 32% planned to carry it out, and 13% had already attempted it.[54]
A review of qualitative research studies published between 1982 and 2001 concluded that child sexual abusers use cognitive distortions to meet personal needs, justifying abuse by making excuses, redefining their actions as love and mutuality, and exploiting the power imbalance inherent in all adult–child relationships.[55] Other cognitive distortions include the idea of "children as sexual beings", uncontrollability of sexual behavior, and "sexual entitlement-bias".[56]
Prevalence and child molestation
The prevalence of pedophilia in the general population is not known,[12][49] but is estimated to be lower than 5% among adult men.[12] Less is known about the prevalence of pedophilia in women, but there are case reports of women with strong sexual fantasies and urges towards children.[13] Most sexual offenders against children are male. Females may account for 0.4% to 4% of convicted sexual offenders, and one study estimates a 10 to 1 ratio of male-to-female child molesters.[15] The true number of female child molesters may be underrepresented by available estimates, for reasons including a "societal tendency to dismiss the negative impact of sexual relationships between young boys and adult women, as well as women's greater access to very young children who cannot report their abuse", among other explanations.[15]
The term pedophile is commonly used by the public to describe all child sexual abuse offenders.[6][10] This usage is considered problematic by researchers, because many child molesters do not have a strong sexual interest in prepubescent children, and are consequently not pedophiles.[9][10][12][34] There are motives for child sexual abuse that are unrelated to pedophilia,[43] such as stress, marital problems, the unavailability of an adult partner,[57] general anti-social tendencies, high sex drive, or alcohol use.[58] As child sexual abuse is not automatically an indicator that its perpetrator is a pedophile, offenders can be separated into two types: pedophilic and non-pedophilic[59] (or preferential and situational[7]). Estimates for the rate of pedophilia in detected child molesters generally range between 25% and 50%.[60] A 2006 study found that 35% of its sample of child molesters were pedophilic.[61] Pedophilia appears to be less common in incest offenders,[62] especially fathers and step-fathers.[63] According to a U.S. study on 2429 adult male sex offenders who were categorized as "pedophiles", only 7% identified themselves as exclusive; indicating that many or most child sexual abusers may fall into the non-exclusive category.[8]
Some pedophiles do not molest children.[4][5][11][12] Little is known about this population because most studies of pedophilia use criminal or clinical samples, which may not be representative of pedophiles in general.[64] Researcher Michael Seto suggests that pedophiles who commit child sexual abuse do so because of other anti-social traits in addition to their sexual attraction. He states that pedophiles who are "reflective, sensitive to the feelings of others, averse to risk, abstain from alcohol or drug use, and endorse attitudes and beliefs supportive of norms and the laws" may be unlikely to abuse children.[12] A 2015 study found that pedophiles who molested children were neurologically distinct from non-offending pedophiles. The pedophilic molesters had neurological deficits suggestive of disruptions in inhibitory regions of the brain, while non-offending pedophiles had no such deficits.[65]
According to Abel, Mittleman, and Becker[66] (1985) and Ward et al. (1995), there are generally large distinctions between the characteristics of pedophilic and non-pedophilic molesters. They state that non-pedophilic offenders tend to offend at times of stress; have a later onset of offending; and have fewer, often familial, victims, while pedophilic offenders often start offending at an early age; often have a larger number of victims who are frequently extrafamilial; are more inwardly driven to offend; and have values or beliefs that strongly support an offense lifestyle. One study found that pedophilic molesters had a median of 1.3 victims for those with girl victims and 4.4 for those with boy victims.[60] Child molesters, pedophilic or not, employ a variety of methods to gain sexual access to children. Some groom their victims into compliance with attention and gifts, while others use threats, alcohol or drugs, or physical force.[67]
Child pornography
Consumption of child pornography is a more reliable indicator of pedophilia than molesting a child,[32] although some non-pedophiles also use child pornography.[68] Child pornography may be used for a variety of purposes, ranging from private sexual gratification or trading with other collectors, to preparing children for sexual abuse as part of the child grooming process.[69][70][71]
Pedophilic viewers of child pornography are often obsessive about collecting, organizing, categorizing, and labeling their child pornography collection according to age, gender, sex act and fantasy.[72] According to FBI agent Ken Lanning, "collecting" pornography does not mean that they merely view pornography, but that they save it, and "it comes to define, fuel, and validate their most cherished sexual fantasies".[68] Lanning states that the collection is the single best indicator of what the offender wants to do, but not necessarily of what has or will be done.[73] Researchers Taylor and Quayle reported that pedophilic collectors of child pornography are often involved in anonymous internet communities dedicated to extending their collections.[74]
Causes and biological associations
Although what causes pedophilia is not yet known, beginning in 2002, researchers began reporting a series of findings linking pedophilia with brain structure and function. Testing individuals from a variety of referral sources inside and outside the criminal justice system as well as controls, these studies found associations between pedophilia and lower IQs,[75][76][77] poorer scores on memory tests,[76] greater rates of non-right-handedness,[75][76][78][79] greater rates of school grade failure over and above the IQ differences,[80] lesser physical height,[81] greater probability of having suffered childhood head injuries resulting in unconsciousness,[82][83] and several differences in MRI-detected brain structures.[84][85][86] They report that their findings suggest that there are one or more neurological characteristics present at birth that cause or increase the likelihood of being pedophilic. Some studies have found that pedophiles are less cognitively impaired than non-pedophilic child molesters.[87] A 2011 study found that pedophilic child molesters had deficits in response inhibition, but no deficits in memory or cognitive flexibility.[88] Evidence of familial transmittability "suggests, but does not prove that genetic factors are responsible" for the development of pedophilia.[89]
Another study, using structural MRI, shows that male pedophiles have a lower volume of white matter than a control group.[84] Functional magnetic resonance imaging (fMRI) has shown that child molesters diagnosed with pedophilia have reduced activation of the hypothalamus as compared with non-pedophilic persons when viewing sexually arousing pictures of adults.[90] A 2008 functional neuroimaging study notes that central processing of sexual stimuli in heterosexual "paedophile forensic inpatients" may be altered by a disturbance in the prefrontal networks, which "may be associated with stimulus-controlled behaviours, such as sexual compulsive behaviours". The findings may also suggest "a dysfunction at the cognitive stage of sexual arousal processing".[91]
Blanchard, Cantor, and Robichaud (2006) reviewed the research that attempted to identify hormonal aspects of pedophiles.[92] They concluded that there is some evidence that pedophilic men have less testosterone than controls, but that the research is of poor quality and that it is difficult to draw any firm conclusion from it.
While not causes of pedophilia themselves, childhood abuse by adults or comorbid psychiatric illnesses—such as personality disorders and substance abuse—are risk factors for acting on pedophilic urges.[5] Blanchard, Cantor, and Robichaud addressed comorbid psychiatric illnesses that, "The theoretical implications are not so clear. Do particular genes or noxious factors in the prenatal environment predispose a male to develop both affective disorders and pedophilia, or do the frustration, danger, and isolation engendered by unacceptable sexual desires—or their occasional furtive satisfaction—lead to anxiety and despair?"[92] They indicated that, because they previously found mothers of pedophiles to be more likely to have undergone psychiatric treatment,[82] the genetic possibility is more likely.
A study analyzing the sexual fantasies of 200 heterosexual men by using the Wilson Sex Fantasy Questionnaire exam determined that males with a pronounced degree of paraphilic interest (including pedophilia) had a greater number of older brothers, a high 2D:4D digit ratio (which would indicate excessive prenatal estrogen exposure), and an elevated probability of being left-handed, suggesting that disturbed hemispheric brain lateralization may play a role in deviant attractions.[93]
Treatment
There is no evidence that pedophilia can be cured.[12] Instead, most therapies focus on helping the pedophile refrain from acting on their desires.[5][94] Some therapies do attempt to cure pedophilia, but there are no studies showing that they effect a long-term change in sexual preference.[95] Michael Seto suggests that attempts to cure pedophilia in adulthood are unlikely to succeed because its development is influenced by prenatal factors.[12] Fred Berlin, founder of the Johns Hopkins Sexual Disorders Clinic, believes that pedophilia may be no easier to alter than homosexuality or heterosexuality,[96] but that pedophiles can be helped to control their behavior, and future research could develop a method of prevention.[97]
There are several common limitations to studies of treatment effectiveness. Most categorize their participants by behavior rather than erotic age preference, which makes it difficult to know the specific treatment outcome for pedophiles.[5] Many do not select their treatment and control groups randomly. Offenders who refuse or quit treatment are at higher risk of offending, so excluding them from the treated group, while not excluding those who would have refused or quit from the control group, can bias the treated group in favor of those with lower recidivism.[12][98] The effectiveness of treatment for non-offending pedophiles has not been studied.[12]
Cognitive behavioral therapy
Cognitive behavioral therapy (CBT) aims to reduce attitudes, beliefs, and behaviors that may increase the likelihood of sexual offenses against children. Its content varies widely between therapists, but a typical program might involve training in self-control, social competence and empathy, and use cognitive restructuring to change views on sex with children. The most common form of this therapy is relapse prevention, where the patient is taught to identify and respond to potentially risky situations based on principles used for treating addictions.[99]
The evidence for cognitive behavioral therapy is mixed.[99] A 2012 Cochrane Review of randomized trials found that CBT had no effect on risk of reoffending for contact sex offenders.[100] Meta-analyses in 2002 and 2005, which included both randomized and non-randomized studies, concluded that CBT reduced recidivism.[101][102] There is debate over whether non-randomized studies should be considered informative.[12][103] More research is needed.[100]
Behavioral interventions
Behavioral treatments target sexual arousal to children, using satiation and aversion techniques to suppress sexual arousal to children and covert sensitization (or masturbatory reconditioning) to increase sexual arousal to adults.[104] Behavioral treatments appear to have an effect on sexual arousal patterns during phallometric testing, but it is not known whether the effect represents changes in sexual interests or changes in the ability to control genital arousal during testing, nor whether the effect persists in the long term.[105][106] For sex offenders with mental disabilities, applied behavior analysis has been used.[107]
Sex drive reduction
Pharmacological interventions are used to lower the sex drive in general, which can ease the management of pedophilic feelings, but does not change sexual preference.[108] Antiandrogens work by interfering with the activity of testosterone. Cyproterone acetate (Androcur) and medroxyprogesterone acetate (Depo-Provera) are the most commonly used. The efficacy of antiantrogens has some support, but few high-quality studies exist. Cyproterone acetate has the strongest evidence for reducing sexual arousal, while findings on medroxyprogesterone acetate have been mixed.[109]
Gonadotropin-releasing hormone analogues such as leuprolide acetate (Lupron), which last longer and have fewer side-effects, are also used to reduce libido,[110] as are selective serotonin reuptake inhibitors.[109] The evidence for these alternatives is more limited and mostly based on open trials and case studies.[12] All of these treatments, commonly referred to as "chemical castration", are often used in conjunction with cognitive behavioral therapy.[111] According to the Association for the Treatment of Sexual Abusers, when treating child molesters, "anti-androgen treatment should be coupled with appropriate monitoring and counseling within a comprehensive treatment plan."[112] These drugs may have side-effects, such as weight gain, breast development, liver damage and osteoporosis.[12]
Historically, surgical castration was used to lower sex drive by reducing testosterone. The emergence of pharmacological methods of adjusting testosterone has made it largely obsolete, because they are similarly effective and less invasive.[108] It is still occasionally performed in Germany, the Czech Republic, Switzerland, and a few U.S. states. Non-randomized studies have reported that surgical castration reduces recidivism in contact sex offenders.[113] The Association for the Treatment of Sexual Abusers opposes surgical castration[112] and the Council of Europe works to bring the practice to an end in Eastern European countries where it is still applied through the courts.[114]
In law and forensic psychology
Definitions
Pedophilia is not a legal term,[8] and having a sexual attraction to children is not illegal in itself.[5] In law enforcement circles, the term pedophile is sometimes used in a broad manner to encompass a person who commits one or more sexually-based crimes that relate to legally underage victims. These crimes may include child sexual abuse, statutory rape, offenses involving child pornography, child grooming, stalking, and indecent exposure. One unit of the United Kingdom's Child Abuse Investigation Command is known as the "Paedophile Unit" and specializes in online investigations and enforcement work.[115] Some forensic science texts, such as Holmes (2008), use the term to refer to offenders who target child victims, even when such children are not the primary sexual interest of the offender.[116] FBI agent Kenneth Lanning, however, makes a point of distinguishing between pedophiles and child molesters.[117]
Civil and legal commitment
In the United States, following Kansas v. Hendricks, sex offenders who have certain mental disorders, including pedophilia, can be subject to indefinite civil commitment under various state laws[16] (generically called SVP laws[118]) and the federal Adam Walsh Child Protection and Safety Act of 2006.[119] Similar legislation exists in Canada.[16]
In Kansas v. Hendricks, the US Supreme Court upheld as constitutional a Kansas law, the Sexually Violent Predator Act, under which Hendricks, a pedophile, was found to have a "mental abnormality" defined as a "congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses to the degree that such person is a menace to the health and safety of others", which allowed the State to confine Hendricks indefinitely irrespective of whether the State provided any treatment to him.[120][121][122] In United States v. Comstock, this type of indefinite confinement was upheld for someone previously convicted on child pornography charges; this time a federal law was involved—the Adam Walsh Child Protection and Safety Act.[119][123] The Walsh Act does not require a conviction on a sex offense charge, but only that the person be a federal prisoner, and one who "has engaged or attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others", and who "would have serious difficulty in refraining from sexually violent conduct or child molestation if released".[124]
In the US, offenders with pedophilia are more likely to be recommended for civil commitment than non-pedophilic offenders. About half of committed offenders have a diagnosis of pedophilia.[16] Psychiatrist Michael First writes that, since not all people with a paraphilia have difficulty controlling their behavior, the evaluating clinician must present additional evidence of volitional impairment instead of recommending commitment based on pedophilia alone.[125]
Societal views
General
Pedophilia is one of the most stigmatized mental disorders.[54] One study reported high levels of anger, fear and social rejection even towards pedophiles who have not committed a crime.[126] The authors suggested such attitudes could negatively impact child sexual abuse prevention by reducing pedophiles' mental stability and discouraging them from seeking help.[54] According to sociologists Melanie-Angela Neuilly and Kristen Zgoba, social concern over pedophilia intensified greatly in the 1990s, coinciding with several sensational sex crimes (but a general decline in child sexual abuse rates). They found that the word pedophile appeared only rarely in The New York Times and Le Monde before 1996, with zero mentions in 1991.[127]
Social attitudes towards child sexual abuse are extremely negative, with some surveys ranking it as morally worse than murder.[128] Early research showed that there was a great deal of misunderstanding and unrealistic perceptions in the general public about child sexual abuse and pedophiles. However, a 2004 study concluded that the public was well-informed on some aspects of these subjects.[129]
Misuse of medical terminology
The words pedophile and pedophilia are sometimes used informally to describe an adult's sexual interest in pubescent or post-pubescent teenagers. The terms hebephilia or ephebophilia may be more accurate in these cases.[8][23][130] This was especially seen in the case of Mark Foley during the congressional page incident. Most of the media labeled Foley a pedophile, which led David Tuller of Slate magazine to state that Foley was not a pedophile but rather an ephebophile.[131]
Another common usage of pedophilia is to refer to the act of sexual abuse itself,[4] rather than the medical meaning, which is a preference for prepubescents on the part of the older individual (see § prevalence and child molestation for an explanation of the distinction).[6][7] There are also situations where the terms are misused to refer to relationships where the younger person is an adult of legal age, but is either considered too young in comparison to their older partner, or the older partner occupies a position of authority over them.[132][133] Researchers state that the above uses of the term pedophilia are imprecise or suggest that they are best avoided.[6][23] The Mayo Clinic states that pedophilia "is not a criminal or legal term".[8]
Pedophile advocacy groups
See also: Category:Pedophile activism.
From the late 1950s to early 1990s, several pedophile membership organizations advocated age of consent reform to lower or abolish age of consent laws,[134][135][136] as well as for the acceptance of pedophilia as a sexual orientation rather than a psychological disorder,[137] and for the legalization of child pornography.[136] The efforts of pedophile advocacy groups did not gain any public support[134][136][138][139][140] and today those few groups that have not dissolved have only minimal membership and have ceased their activities other than through a few websites.[136][140][141][142]
Anti-pedophile activism
Main article: Anti-pedophile activism
Anti-pedophile activism encompasses opposition against pedophiles, against pedophile advocacy groups, and against other phenomena that are seen as related to pedophilia, such as child pornography and child sexual abuse.[143] Much of the direct action classified as anti-pedophile involves demonstrations against sex offenders, against pedophiles advocating for the legalization of sexual activity between adults and children, and against Internet users who solicit sex from minors.[144][145][146][147]
High-profile media attention to pedophilia has led to incidents of moral panic, particularly following reports of pedophilia associated with Satanic ritual abuse and day care sex abuse.[148] Instances of vigilantism have also been reported in response to public attention on convicted or suspected child sex offenders. In 2000, following a media campaign of "naming and shaming" suspected pedophiles in the UK, hundreds of residents took to the streets in protest against suspected pedophiles, eventually escalating to violent conduct requiring police intervention.[144]
In culture
The Vladimir Nabokov novel Lolita was controversial because of its theme featuring an adult man with a 12-year-old "nymphet".
The Woodsman, starring Kevin Bacon, chronicles the journey of a child molester towards understanding the impact of his actions.
Are All Men Pedophiles? covers the topic of pedophilia and the misuse of medical terminology.
See also
Age disparity in sexual relationships
Child sexuality
Child trafficking
Circles of Support and Accountability
Gerontophilia
List of paraphilias
Lolicon
Nonce (slang)
Prevention Project Dunkelfeld
Virtuous Pedophiles
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105.Jump up ^ Barbaree, H. E., Bogaert, A. F., & Seto, M. C. (1995). Sexual reorientation therapy for pedophiles: Practices and controversies. In L. Diamant & R. D. McAnulty (Eds.), The psychology of sexual orientation, behavior, and identity: A handbook (pp. 357–383). Westport, CT: Greenwood Press.
106.Jump up ^ Barbaree, H. C., & Seto, M. C. (1997). Pedophilia: Assessment and treatment. In D. R. Laws & W. T. O'Donohue (eds.), Sexual deviance: Theory, assessment and treatment (pp. 175–193). New York: Guildford Press.
107.Jump up ^ Maguth Nezu C., Fiore A. A., Nezu A. M (2006). "Problem Solving Treatment for Intellectually Disabled Sex Offenders". International Journal of Behavioral Consultation and Therapy 2: 266–275. doi:10.1002/9780470713488.ch6.
108.^ Jump up to: a b Camilleri, Joseph A., and Quinsey, Vernon L. (2008). "Pedophilia: Assessment and Treatment". In Laws, D. Richard. Sexual Deviance: Theory, Assessment, and Treatment, 2nd edition. The Guilford Press. pp. 199–200.
109.^ Jump up to: a b Seto, Michael (2008). Pedophilia and Sexual Offending Against Children. Washington, DC: American Psychological Association. pp. 177–181.
110.Jump up ^ Cohen LJ, Galynker II (2002). "Clinical features of pedophilia and implications for treatment". Journal of Psychiatric Practice 8 (5): 276–89. doi:10.1097/00131746-200209000-00004. PMID 15985890.
111.Jump up ^ Guay, DR (2009). "Drug treatment of paraphilic and nonparaphilic sexual disorders". Clinical Therapeutics 31 (1): 1–31. doi:10.1016/j.clinthera.2009.01.009.
112.^ Jump up to: a b "Anti-androgen therapy and surgical castration". Association for the Treatment of Sexual Abusers. 1997.
113.Jump up ^ Seto, Michael (2008). Pedophilia and Sexual Offending Against Children. Washington, DC: American Psychological Association. pp. 181–182, 192.
114.Jump up ^ "Prague Urged to End Castration of Sex Offenders". DW.DE. 2009-02-05. Retrieved 2015-01-19.
115.Jump up ^ "Child abuse investigation impact" (PDF). Metropolitan Police Service (met.police.uk). Retrieved April 18, 2014.
116.Jump up ^ Holmes, Ronald M. Profiling Violent Crimes: An Investigative Tool. Sage Publications. ISBN 1-4129-5998-5.
117.Jump up ^ Lanning, Kenneth V. (2010). "Child Molesters: A Behavioral Analysis, Fifth Edition" (PDF). National Center for Missing and Exploited Children. pp. 16–17, 19–20.
118.Jump up ^ Morris, Grant H. (2002). "Commentary: Punishing the Unpunishable—The Abuse of Psychiatry to Confine Those We Love to Hate" (PDF). Journal of the American Academy of Psychiatry and the Law 30: 556–562.
119.^ Jump up to: a b Holland, Jesse J. (May 17, 2010). "Court: Sexually dangerous can be kept in prison". Associated Press. Retrieved May 16, 2010.
120.Jump up ^ "Psychological Evaluation for the Courts, Second Edition - A Handbook for Mental Health Professionals and Lawyers - 9.04 Special Sentencing Provisions (b) Sexual Offender Statutes". Guilford.com. Retrieved 2007-10-19.
121.Jump up ^ Cripe, Clair A; Pearlman, Michael G (2005). "Legal aspects of corrections management". ISBN 978-0-7637-2545-7.
122.Jump up ^ Ramsland, Katherine M; McGrain, Patrick Norman (2010). "Inside the minds of sexual predators". ISBN 978-0-313-37960-4.
123.Jump up ^ Liptak, Adam (2010-05-17). "Extended Civil Commitment of Sex Offenders Is Upheld". The New York Times.
124.Jump up ^ Barker, Emily (2009). "The Adam Walsh Act: Un-Civil Commitment". Hastings Constitutional Law Quarterly 37 (1): 145.
125.Jump up ^ First, Michael B., Halon, Robert L. (2008). "Use of DSM Paraphilia Diagnoses in Sexually Violent Predator Commitment Cases" (PDF). Journal of the American Academy of Psychiatry and the Law 36 (4): 450.
126.Jump up ^ Jahnke, S., Imhoff, R., Hoyer, J. (2015). "Stigmatization of People with Pedophilia: Two Comparative Surveys". Archives of Sexual Behavior 24 (1): 21–34.
127.Jump up ^ Neuillya, M. & Zgobab, K. (2006). "Assessing the Possibility of a Pedophilia Panic and Contagion Effect Between France and the United States". Victims & Offenders 1 (3): 225–254. doi:10.1080/15564880600626122.
128.Jump up ^ Seto, Michael (2008). Pedophilia and Sexual Offending Against Children. Washington, DC: American Psychological Association. p. viii.
129.Jump up ^ McCartan, K. (2004). "'Here There Be Monsters': the public's perception of paedophiles with particular reference to Belfast and Leicester". Medicine, Science and the Law 44 (4): 327–42. doi:10.1258/rsmmsl.44.4.327. PMID 15573972.
130.Jump up ^ "pedophilia". Encyclopædia Britannica.
131.Jump up ^ Tuller, David (2006-10-04). "What To Call Foley. The congressman isn't a pedophile. He's an ephebophile". Slate. Retrieved 2010-10-17.
132.Jump up ^ Guzzardi, Will (2010-01-06). "Andy Martin, GOP Senate Candidate, Calls Opponent Mark Kirk A "De Facto Pedophile"". Huffington Post. Retrieved 15 January 2010.
133.Jump up ^ Seligman, M. (1993). What you can change and what you can't, page 235. New York: Fawcett Columbine.
134.^ Jump up to: a b Jenkins, Philip (2006). Decade of Nightmares: The End of the Sixties and the Making of Eighties America. Oxford University Press. p. 120. ISBN 0-19-517866-1.
135.Jump up ^ Spiegel, Josef (2003). Sexual Abuse of Males: The Sam Model of Theory and Practice. Routledge. pp. 5, p9. ISBN 1-56032-403-1.
136.^ Jump up to: a b c d Eichewald, Kurt (August 21, 2006). "From Their Own Online World, Pedophiles Extend Their Reach". New York Times.
137.Jump up ^ Dr. Frits Bernard,. "The Dutch Paedophile Emancipation Movement". Paidika: the Journal of Paedophilia 1 (2, (Autumn 1987), p. 35–4). "Heterosexuality, homosexuality, bisexuality and paedophilia should be considered equally valuable forms of human behavior."
138.Jump up ^ Jenkins, Philip (1992). Intimate Enemies: Moral Panics in Contemporary Great Britain. Aldine Transaction. p. 75. ISBN 0-202-30436-1. "In the 1970s, the pedophile movement was one of several fringe groups whose cause was to some extent espoused in the name of gay liberation."
139.Jump up ^ Stanton, Domna C. (1992). Discourses of Sexuality: From Aristotle to AIDS. University of Michigan Press. p. 405. ISBN 0-472-06513-0.
140.^ Jump up to: a b Hagan, Domna C.; Marvin B. Sussman (1988). Deviance and the family. Haworth Press. p. 131. ISBN 0-86656-726-7.
141.Jump up ^ Benoit Denizet-Lewis (2001). "Boy Crazy", Boston Magazine.
142.Jump up ^ Trembaly, Pierre (2002). "Social interactions among paedophiles".
143.Jump up ^ Global Crime Report | Investigation | Child porn and the cybercrime treaty part 2 |BBC World Service
144.^ Jump up to: a b Families flee paedophile protests August 9, 2000. Retrieved January 24, 2008.
145.Jump up ^ Dutch paedophiles set up political party, May 30, 2006. Retrieved Jan2008.
146.Jump up ^ "The Perverted Justice Foundation Incorporated - A note from our foundation to you". Perverted-Justice. Retrieved March 16, 2012.
147.Jump up ^ Salkin, Allen; Happy Blitt (2006-12-13). "Web Site Hunts Pedophiles and TV Goes Along". The New York Times (New York, New York). Retrieved March 16, 2012. "'Every waking minute he's on that computer,' said his mother, Mary Erck-Heard, 46, who raised her son after they fled his father, whom she described as alcoholic. Mr. Von Erck legally changed his name from Phillip John Eide, taking his maternal grandfather's family name, Erck, and adding the Von."
148.Jump up ^ Jewkes Y (2004). Media and crime. Thousand Oaks, Calif: Sage. pp. 76–77. ISBN 0-7619-4765-5.
Further reading
Gladwell, Malcolm. "In Plain View." ("Jerry Sandusky and the Mind of a Pedophile") The New Yorker. September 24, 2012.
Philby, Charlotte. "Female sexual abuse: The untold story of society's last taboo." The Independent. Saturday August 8, 2009.
Bleyer, Jennifer. "How Can We Stop Pedophiles? Stop treating them like monsters." Slate. Monday September 24, 2012.
Fong, Diana. Editor: Nancy Isenson. "'If I'm attracted to children, I must be a monster'." Die Welt. May 29, 2013.
External links
Look up pedophilia in Wiktionary, the free dictionary.
Wikimedia Commons has media related to Pedophilia.
Understanding MRI research on pedophilia
Pedophilia: Myths, Realities and Treatments (Speaker Icon.svg Page will play audio when loaded)
Indictment from Operation Delego (PDF) (Archive)
Virtuous Pedophiles, online support for non-offending pedophiles working to remain offence-free.
Wikiquote has quotations related to: Pedophilia
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Pedophilia
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This article is about the sexual preference toward prepubescent children. It is not to be confused with hebephilia or ephebophilia.
Pedophilia
Classification and external resources
ICD-10
F65.4
ICD-9
302.2
MeSH
D010378
Pedophilia or paedophilia is a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children, generally age 11 years or younger.[1][2] As a medical diagnosis, specific criteria for the disorder extend the cut-off point for prepubescence to age 13.[1] A person who is diagnosed with pedophilia must be at least 16 years of age, but adolescents must be at least five years older than the prepubescent child for the attraction to be diagnosed as pedophilia.[1][2]
Pedophilia is termed pedophilic disorder in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), and the manual defines it as a paraphilia in which adults or adolescents 16 years of age or older have intense and recurrent sexual urges towards and fantasies about prepubescent children that they have either acted on or which cause them distress or interpersonal difficulty.[1] The International Classification of Diseases (ICD-10) defines it as a sexual preference for children of prepubertal or early pubertal age.[3]
In popular usage, the word pedophilia is often applied to any sexual interest in children or the act of child sexual abuse.[4][5] This use conflates the sexual attraction (pedophilia) with the act of abuse (child molestation), and does not distinguish between attraction to prepubescent and pubescent or post-pubescent minors.[6][7] Researchers recommend that these imprecise uses be avoided because although people who commit child sexual abuse sometimes exhibit the disorder,[5][8] child sexual abuse offenders are not pedophiles unless they have a primary or exclusive sexual interest in prepubescent children,[6][9][10] and not all pedophiles molest children.[4][5][11][12]
Pedophilia was first formally recognized and named in the late 19th century. A significant amount of research in the area has taken place since the 1980s. Although mostly documented in men, there are also women who exhibit the disorder,[13][14] and researchers assume available estimates underrepresent the true number of female pedophiles.[15] No cure for pedophilia has been developed, but there are therapies that can reduce the incidence of a person committing child sexual abuse.[5] In the United States, following Kansas v. Hendricks, sex offenders who are diagnosed with certain mental disorders, particularly pedophilia, can be subject to indefinite civil commitment.[16] The exact causes of pedophilia have not been conclusively established.[17] Some studies of pedophilia in child sex offenders have correlated it with various neurological abnormalities and psychological pathologies.[18]
Contents [hide]
1 Etymology and definitions 1.1 History
1.2 Diagnostic criteria 1.2.1 DSM and ICD-10
1.2.2 Debate regarding the DSM criteria
2 Development and sexual orientation
3 Comorbidity and personality traits
4 Prevalence and child molestation
5 Child pornography
6 Causes and biological associations
7 Treatment 7.1 Cognitive behavioral therapy
7.2 Behavioral interventions
7.3 Sex drive reduction
8 In law and forensic psychology 8.1 Definitions
8.2 Civil and legal commitment
9 Societal views 9.1 General
9.2 Misuse of medical terminology
9.3 Pedophile advocacy groups
9.4 Anti-pedophile activism
10 In culture
11 See also
12 References
13 Further reading
14 External links
Etymology and definitions
The word pedophilia comes from the Greek: παῖς, παιδός (paîs, paidós), meaning "child", and φιλία (philía), "friendly love" or "friendship".[19] Pedophilia is used for individuals with a primary or exclusive sexual interest in prepubescent children aged 13 or younger.[1][2] Nepiophilia (from the Greek: νήπιος (népios) meaning "infant" or "child," which in turn derives from "ne-" and "epos" meaning "not speaking"), sometimes called "infantophilia" is sub-type of pedophilia,[8] but is used to refer to a sexual preference for infants and toddlers (ages 0–3 or those under age 5).[8][20] Hebephilia is defined as individuals with a primary or exclusive sexual interest in 11- to 14-year-old pubescents.[21] The DSM-5 does not list hebephilia among the diagnoses; while evidence suggests that hebephilia is separate from pedophilia, the ICD-10 includes early pubertal age (an aspect of hebephilia) in its pedophilia definition, covering the physical development overlap between the two philias.[12] In addition to hebephilia, some clinicians have proposed other categories that are somewhat or completely distinguished from pedophilia; these include pedohebephilia (a combination of pedophilia and hebephilia) and ephebophilia (though ephebophilia is not considered pathological).[22][23]
History
Pedophilia is believed to have occurred in humans throughout history,[24] but was not formally named, defined or studied until the late 19th century. The term paedophilia erotica was coined in 1886 by the Viennese psychiatrist Richard von Krafft-Ebing in his writing Psychopathia Sexualis.[25] The term appears in a section titled "Violation of Individuals Under the Age of Fourteen", which focuses on the forensic psychiatry aspect of child sexual offenders in general. Krafft-Ebing describes several typologies of offender, dividing them into psychopathological and non-psychopathological origins, and hypothesizes several apparent causal factors that may lead to the sexual abuse of children.[25]
Krafft-Ebing mentioned paedophilia erotica in a typology of "psycho-sexual perversion". He wrote that he had only encountered it four times in his career and gave brief descriptions of each case, listing three common traits:
1.The individual is tainted [by heredity] (hereditär belastete)[26]
2.The subject's primary attraction is to children, rather than adults.
3.The acts committed by the subject are typically not intercourse, but rather involve inappropriate touching or manipulating the child into performing an act on the subject.
He mentions several cases of pedophilia among adult women (provided by another physician), and also considered the abuse of boys by homosexual men to be extremely rare.[25] Further clarifying this point, he indicated that cases of adult men who have some medical or neurological disorder and abuse a male child are not true pedophilia and that, in his observation, victims of such men tended to be older and pubescent. He also lists pseudopaedophilia as a related condition wherein "individuals who have lost libido for the adult through masturbation and subsequently turn to children for the gratification of their sexual appetite" and claimed this is much more common.[25]
Austrian neurologist Sigmund Freud briefly wrote about the topic in his 1905 book Three Essays on the Theory of Sexuality in a section titled The Sexually immature and Animals as Sexual objects. He wrote that exclusive pedophilia was rare and only occasionally were prepubescent children exclusive objects. He wrote that they usually were the subject of desire when a weak person "makes use of such substitutes" or when an uncontrollable instinct which will not allow delay seeks immediate gratification and cannot find a more appropriate object.[27]
In 1908, Swiss neuroanatomist and psychiatrist Auguste Forel wrote of the phenomenon, proposing that it be referred to it as "Pederosis", the "Sexual Appetite for Children". Similar to Krafft-Ebing's work, Forel made the distinction between incidental sexual abuse by persons with dementia and other organic brain conditions, and the truly preferential and sometimes exclusive sexual desire for children. However, he disagreed with Krafft-Ebing in that he felt the condition of the latter was largely ingrained and unchangeable.[28]
The term pedophilia became the generally accepted term for the condition and saw widespread adoption in the early 20th century, appearing in many popular medical dictionaries such as the 5th Edition of Stedman's in 1918. In 1952, it was included in the first edition of the Diagnostic and Statistical Manual of Mental Disorders.[29] This edition and the subsequent DSM-II listed the disorder as one subtype of the classification "Sexual Deviation", but no diagnostic criteria were provided. The DSM-III, published in 1980, contained a full description of the disorder and provided a set of guidelines for diagnosis.[30] The revision in 1987, the DSM-III-R, kept the description largely the same, but updated and expanded the diagnostic criteria.[31]
Diagnostic criteria
DSM and ICD-10
The Diagnostic and Statistical Manual of Mental Disorders 5th edition (DSM-5) has a significantly larger diagnostic features section for pedophilia than the previous DSM version, the DSM-IV-TR, and states, "The diagnostic criteria for pedophilic disorder are intended to apply both to individuals who freely disclose this paraphilia and to individuals who deny any sexual attraction to prepubertal children (generally age 13 years or younger), despite substantial objective evidence to the contrary."[1] Like the DSM-IV-TR, the manual outlines specific criteria for use in the diagnosis of this disorder. These include the presence of sexually arousing fantasies, behaviors or urges that involve some kind of sexual activity with a prepubescent child (with the diagnostic criteria for the disorder extending the cut-off point for prepubescence to age 13) for six months or more, or that the subject has acted on these urges or suffers from distress as a result of having these feelings. The criteria also indicate that the subject should be 16 or older and that the child or children they fantasize about are at least five years younger than them, though ongoing sexual relationships between a 12- to 13-year-old and a late adolescent are advised to be excluded. A diagnosis is further specified by the sex of the children the person is attracted to, if the impulses or acts are limited to incest, and if the attraction is "exclusive" or "nonexclusive".[1]
The ICD-10 defines pedophilia as "a sexual preference for children, boys or girls or both, usually of prepubertal or early pubertal age".[3] Like the DSM, this system's criteria requires that the person be at least 16 years of age or older before being diagnosed as a pedophile. The person must also have a persistent or predominant sexual preference for prepubescent children at least five years younger than them.[2]
Several terms have been used to distinguish "true pedophiles" from non-pedophilic and non-exclusive offenders, or to distinguish among types of offenders on a continuum according to strength and exclusivity of pedophilic interest, and motivation for the offense (see child sexual offender types). Exclusive pedophiles are sometimes referred to as true pedophiles. They are sexually attracted to prepubescent children, and only prepubescent children. Showing no erotic interest in adults, they can only become sexually aroused while fantasizing about or being in the presence of prepubescent children, or both.[15] Non-exclusive offenders—or "non-exclusive pedophiles"—may at times be referred to as non-pedophilic offenders, but the two terms are not always synonymous. Non-exclusive offenders are sexually attracted to both children and adults, and can be sexually aroused by both, though a sexual preference for one over the other in this case may also exist. If the attraction is a sexual preference for prepubescent children, such offenders are considered pedophiles in the same vein as exclusive offenders.[3][15]
Neither the DSM nor the ICD-10 diagnostic criteria require actual sexual activity with a prepubescent youth. The diagnosis can therefore be made based on the presence of fantasies or sexual urges even if they have never been acted upon. On the other hand, a person who acts upon these urges yet experiences no distress about their fantasies or urges can also qualify for the diagnosis. Acting on sexual urges is not limited to overt sex acts for purposes of this diagnosis, and can sometimes include indecent exposure, voyeuristic or frotteuristic behaviors,[1] or masturbating to child pornography.[32] Often, these behaviors need to be considered in-context with an element of clinical judgment before a diagnosis is made. Likewise, when the patient is in late adolescence, the age difference is not specified in hard numbers and instead requires careful consideration of the situation.[33]
Ego-dystonic sexual orientation (F66.1) includes people who acknowledge that they have a sexual preference for prepubertal children, but wish to change it due to the associated psychological or behavioral problems (or both).
Debate regarding the DSM criteria
The DSM-IV-TR criteria was criticized simultaneously for being over-inclusive, as well as under-inclusive.[34] Though most researchers distinguish between child molesters and pedophiles,[9][10][12][34] Studer and Aylwin argue that the DSM criteria are over-inclusive because all acts of child molestation warrant the diagnosis. A child molester satisfies criteria A because of the behavior involving sexual activity with prepubescent children and criteria B because the individual has acted on those urges.[34] Furthermore, they argue that it also is under-inclusive in the case of individuals who do not act upon it and are not distressed by it.[34] The latter point has also been made by several other researchers who have remarked that a so-called "contented pedophile"—an individual who fantasizes about having sex with a child and masturbates to these fantasies, but does not commit child sexual abuse, and who does not feel subjectively distressed afterward—does not meet the DSM-IV-TR criteria for pedophilia, because this person does not meet Criterion B.[12][35][36][37] A large-scale survey about usage of different classification systems showed that the DSM classification is only rarely used. As an explanation, it was suggested that the under-inclusiveness, as well as a lack of validity, reliability and clarity might have led to the rejection of the DSM classification.[11]
Ray Blanchard, an American-Canadian sexologist known for his research studies on pedophilia, addressed (in his literature review for the DSM-5) the aforementioned objections to the DSM-IV-TR, and proposed a general solution applicable to all paraphilias. This meant namely a distinction between paraphilia and paraphilic disorder. The latter term is proposed to identify the diagnosable mental disorder which meets Criterion A and B, whereas an individual who does not meet Criterion B can be ascertained but not diagnosed as having a paraphilia.[38] Blanchard and a number of his colleagues also proposed that hebephilia become a diagnosable mental disorder under the DSM-5 to resolve the physical development overlap between pedophilia and hebephilia by combining the categories under pedophilic disorder, but with specifiers on which age range (or both) is the primary interest.[22][39] The proposal for hebephilia was rejected by the American Psychiatric Association,[40] but the distinction between paraphilia and paraphilic disorder was implemented.[1][41]
The American Psychiatric Association stated that "[i]n the case of pedophilic disorder, the notable detail is what wasn't revised in the new manual. Although proposals were discussed throughout the DSM-5 development process, diagnostic criteria ultimately remained the same as in DSM-IV TR" and that "[o]nly the disorder name will be changed from pedophilia to pedophilic disorder to maintain consistency with the chapter’s other listings."[41] If hebephilia had been accepted as a DSM-5 diagnosable disorder, it would have been similar to the ICD-10 definition of pedophilia that already includes early pubescents,[12] and would have raised the minimum age required for a person to be able to be diagnosed with pedophilia from 16 years to 18 years (with the individual needing to be at least 5 years older than the minor).[22]
O'Donohue, however, suggests that the diagnostic criteria for pedophilia be simplified to the attraction to children alone if ascertained by self-report, laboratory findings, or past behavior. He states that any sexual attraction to children is pathological and that distress is irrelevant, noting "this sexual attraction has the potential to cause significant harm to others and is also not in the best interests of the individual."[42] Also arguing for behavioral criteria in defining pedophilia, Howard E. Barbaree and Michael C. Seto disagreed with the American Psychiatric Association's approach in 1997 and instead recommended the use of actions as the sole criterion for the diagnosis of pedophilia, as a means of taxonomic simplification.[43]
Development and sexual orientation
Pedophilia emerges before or during puberty, and is stable over time.[44] It is self-discovered, not chosen.[5] For these reasons, pedophilia has been described as a disorder of sexual preference, phenomenologically similar to a heterosexual or homosexual sexual orientation.[44] These observations, however, do not exclude pedophilia from the group of mental disorders because pedophilic acts cause harm, and pedophiles can sometimes be helped by mental health professionals to refrain from acting on their impulses which cause harm to children.[45]
In response to misinterpretations that the American Psychiatric Association considers pedophilia a sexual orientation because it renamed the disorder pedophilic disorder in its DSM-5 manual, the association stated: "'[S]exual orientation' is not a term used in the diagnostic criteria for pedophilic disorder and its use in the DSM-5 text discussion is an error and should read 'sexual interest.'"[46]
Comorbidity and personality traits
Studies of pedophilia in child sex offenders often report that it co-occurs with other psychopathologies, such as low self-esteem,[47] depression, anxiety, and personality problems. It is not clear whether these are features of the disorder itself, artifacts of sampling bias, or consequences of being identified as a sex offender.[18] One review of the literature concluded that research on personality correlates and psychopathology in pedophiles is rarely methodologically correct, in part owing to confusion between pedophiles and child sex offenders, as well as the difficulty of obtaining a representative, community sample of pedophiles.[48] Seto (2004) points out that pedophiles who are available from a clinical setting are likely there because of distress over their sexual preference or pressure from others. This increases the likelihood that they will show psychological problems. Similarly, pedophiles recruited from a correctional setting have been convicted of a crime, making it more likely that they will show anti-social characteristics.[49]
Impaired self-concept and interpersonal functioning were reported in a sample of child sex offenders who met the diagnostic criteria for pedophilia by Cohen et al. (2002), which the authors suggested could contribute to motivation for pedophilic acts. The pedophilic offenders in the study had elevated psychopathy and cognitive distortions compared to healthy community controls. This was interpreted as underlying their failure to inhibit criminal behavior.[50] Studies in 2009 and 2012 found that non-pedophilic child molesters exhibited psychopathy, but pedophiles did not.[51][52]
Wilson and Cox (1983) studied the characteristics of a group of pedophile club members. The most marked differences between pedophiles and controls were on the introversion scale, with pedophiles showing elevated shyness, sensitivity and depression. The pedophiles scored higher on neuroticism and psychoticism, but not enough to be considered pathological as a group. The authors caution that "there is a difficulty in untangling cause and effect. We cannot tell whether paedophiles gravitate towards children because, being highly introverted, they find the company of children less threatening than that of adults, or whether the social withdrawal implied by their introversion is a result of the isolation engendered by their preference i.e., awareness of the social approbation and hostility that it evokes" (p. 324).[53] In a non-clinical survey, 46% of pedophiles reported that they had seriously considered suicide for reasons related to their sexual interest, 32% planned to carry it out, and 13% had already attempted it.[54]
A review of qualitative research studies published between 1982 and 2001 concluded that child sexual abusers use cognitive distortions to meet personal needs, justifying abuse by making excuses, redefining their actions as love and mutuality, and exploiting the power imbalance inherent in all adult–child relationships.[55] Other cognitive distortions include the idea of "children as sexual beings", uncontrollability of sexual behavior, and "sexual entitlement-bias".[56]
Prevalence and child molestation
The prevalence of pedophilia in the general population is not known,[12][49] but is estimated to be lower than 5% among adult men.[12] Less is known about the prevalence of pedophilia in women, but there are case reports of women with strong sexual fantasies and urges towards children.[13] Most sexual offenders against children are male. Females may account for 0.4% to 4% of convicted sexual offenders, and one study estimates a 10 to 1 ratio of male-to-female child molesters.[15] The true number of female child molesters may be underrepresented by available estimates, for reasons including a "societal tendency to dismiss the negative impact of sexual relationships between young boys and adult women, as well as women's greater access to very young children who cannot report their abuse", among other explanations.[15]
The term pedophile is commonly used by the public to describe all child sexual abuse offenders.[6][10] This usage is considered problematic by researchers, because many child molesters do not have a strong sexual interest in prepubescent children, and are consequently not pedophiles.[9][10][12][34] There are motives for child sexual abuse that are unrelated to pedophilia,[43] such as stress, marital problems, the unavailability of an adult partner,[57] general anti-social tendencies, high sex drive, or alcohol use.[58] As child sexual abuse is not automatically an indicator that its perpetrator is a pedophile, offenders can be separated into two types: pedophilic and non-pedophilic[59] (or preferential and situational[7]). Estimates for the rate of pedophilia in detected child molesters generally range between 25% and 50%.[60] A 2006 study found that 35% of its sample of child molesters were pedophilic.[61] Pedophilia appears to be less common in incest offenders,[62] especially fathers and step-fathers.[63] According to a U.S. study on 2429 adult male sex offenders who were categorized as "pedophiles", only 7% identified themselves as exclusive; indicating that many or most child sexual abusers may fall into the non-exclusive category.[8]
Some pedophiles do not molest children.[4][5][11][12] Little is known about this population because most studies of pedophilia use criminal or clinical samples, which may not be representative of pedophiles in general.[64] Researcher Michael Seto suggests that pedophiles who commit child sexual abuse do so because of other anti-social traits in addition to their sexual attraction. He states that pedophiles who are "reflective, sensitive to the feelings of others, averse to risk, abstain from alcohol or drug use, and endorse attitudes and beliefs supportive of norms and the laws" may be unlikely to abuse children.[12] A 2015 study found that pedophiles who molested children were neurologically distinct from non-offending pedophiles. The pedophilic molesters had neurological deficits suggestive of disruptions in inhibitory regions of the brain, while non-offending pedophiles had no such deficits.[65]
According to Abel, Mittleman, and Becker[66] (1985) and Ward et al. (1995), there are generally large distinctions between the characteristics of pedophilic and non-pedophilic molesters. They state that non-pedophilic offenders tend to offend at times of stress; have a later onset of offending; and have fewer, often familial, victims, while pedophilic offenders often start offending at an early age; often have a larger number of victims who are frequently extrafamilial; are more inwardly driven to offend; and have values or beliefs that strongly support an offense lifestyle. One study found that pedophilic molesters had a median of 1.3 victims for those with girl victims and 4.4 for those with boy victims.[60] Child molesters, pedophilic or not, employ a variety of methods to gain sexual access to children. Some groom their victims into compliance with attention and gifts, while others use threats, alcohol or drugs, or physical force.[67]
Child pornography
Consumption of child pornography is a more reliable indicator of pedophilia than molesting a child,[32] although some non-pedophiles also use child pornography.[68] Child pornography may be used for a variety of purposes, ranging from private sexual gratification or trading with other collectors, to preparing children for sexual abuse as part of the child grooming process.[69][70][71]
Pedophilic viewers of child pornography are often obsessive about collecting, organizing, categorizing, and labeling their child pornography collection according to age, gender, sex act and fantasy.[72] According to FBI agent Ken Lanning, "collecting" pornography does not mean that they merely view pornography, but that they save it, and "it comes to define, fuel, and validate their most cherished sexual fantasies".[68] Lanning states that the collection is the single best indicator of what the offender wants to do, but not necessarily of what has or will be done.[73] Researchers Taylor and Quayle reported that pedophilic collectors of child pornography are often involved in anonymous internet communities dedicated to extending their collections.[74]
Causes and biological associations
Although what causes pedophilia is not yet known, beginning in 2002, researchers began reporting a series of findings linking pedophilia with brain structure and function. Testing individuals from a variety of referral sources inside and outside the criminal justice system as well as controls, these studies found associations between pedophilia and lower IQs,[75][76][77] poorer scores on memory tests,[76] greater rates of non-right-handedness,[75][76][78][79] greater rates of school grade failure over and above the IQ differences,[80] lesser physical height,[81] greater probability of having suffered childhood head injuries resulting in unconsciousness,[82][83] and several differences in MRI-detected brain structures.[84][85][86] They report that their findings suggest that there are one or more neurological characteristics present at birth that cause or increase the likelihood of being pedophilic. Some studies have found that pedophiles are less cognitively impaired than non-pedophilic child molesters.[87] A 2011 study found that pedophilic child molesters had deficits in response inhibition, but no deficits in memory or cognitive flexibility.[88] Evidence of familial transmittability "suggests, but does not prove that genetic factors are responsible" for the development of pedophilia.[89]
Another study, using structural MRI, shows that male pedophiles have a lower volume of white matter than a control group.[84] Functional magnetic resonance imaging (fMRI) has shown that child molesters diagnosed with pedophilia have reduced activation of the hypothalamus as compared with non-pedophilic persons when viewing sexually arousing pictures of adults.[90] A 2008 functional neuroimaging study notes that central processing of sexual stimuli in heterosexual "paedophile forensic inpatients" may be altered by a disturbance in the prefrontal networks, which "may be associated with stimulus-controlled behaviours, such as sexual compulsive behaviours". The findings may also suggest "a dysfunction at the cognitive stage of sexual arousal processing".[91]
Blanchard, Cantor, and Robichaud (2006) reviewed the research that attempted to identify hormonal aspects of pedophiles.[92] They concluded that there is some evidence that pedophilic men have less testosterone than controls, but that the research is of poor quality and that it is difficult to draw any firm conclusion from it.
While not causes of pedophilia themselves, childhood abuse by adults or comorbid psychiatric illnesses—such as personality disorders and substance abuse—are risk factors for acting on pedophilic urges.[5] Blanchard, Cantor, and Robichaud addressed comorbid psychiatric illnesses that, "The theoretical implications are not so clear. Do particular genes or noxious factors in the prenatal environment predispose a male to develop both affective disorders and pedophilia, or do the frustration, danger, and isolation engendered by unacceptable sexual desires—or their occasional furtive satisfaction—lead to anxiety and despair?"[92] They indicated that, because they previously found mothers of pedophiles to be more likely to have undergone psychiatric treatment,[82] the genetic possibility is more likely.
A study analyzing the sexual fantasies of 200 heterosexual men by using the Wilson Sex Fantasy Questionnaire exam determined that males with a pronounced degree of paraphilic interest (including pedophilia) had a greater number of older brothers, a high 2D:4D digit ratio (which would indicate excessive prenatal estrogen exposure), and an elevated probability of being left-handed, suggesting that disturbed hemispheric brain lateralization may play a role in deviant attractions.[93]
Treatment
There is no evidence that pedophilia can be cured.[12] Instead, most therapies focus on helping the pedophile refrain from acting on their desires.[5][94] Some therapies do attempt to cure pedophilia, but there are no studies showing that they effect a long-term change in sexual preference.[95] Michael Seto suggests that attempts to cure pedophilia in adulthood are unlikely to succeed because its development is influenced by prenatal factors.[12] Fred Berlin, founder of the Johns Hopkins Sexual Disorders Clinic, believes that pedophilia may be no easier to alter than homosexuality or heterosexuality,[96] but that pedophiles can be helped to control their behavior, and future research could develop a method of prevention.[97]
There are several common limitations to studies of treatment effectiveness. Most categorize their participants by behavior rather than erotic age preference, which makes it difficult to know the specific treatment outcome for pedophiles.[5] Many do not select their treatment and control groups randomly. Offenders who refuse or quit treatment are at higher risk of offending, so excluding them from the treated group, while not excluding those who would have refused or quit from the control group, can bias the treated group in favor of those with lower recidivism.[12][98] The effectiveness of treatment for non-offending pedophiles has not been studied.[12]
Cognitive behavioral therapy
Cognitive behavioral therapy (CBT) aims to reduce attitudes, beliefs, and behaviors that may increase the likelihood of sexual offenses against children. Its content varies widely between therapists, but a typical program might involve training in self-control, social competence and empathy, and use cognitive restructuring to change views on sex with children. The most common form of this therapy is relapse prevention, where the patient is taught to identify and respond to potentially risky situations based on principles used for treating addictions.[99]
The evidence for cognitive behavioral therapy is mixed.[99] A 2012 Cochrane Review of randomized trials found that CBT had no effect on risk of reoffending for contact sex offenders.[100] Meta-analyses in 2002 and 2005, which included both randomized and non-randomized studies, concluded that CBT reduced recidivism.[101][102] There is debate over whether non-randomized studies should be considered informative.[12][103] More research is needed.[100]
Behavioral interventions
Behavioral treatments target sexual arousal to children, using satiation and aversion techniques to suppress sexual arousal to children and covert sensitization (or masturbatory reconditioning) to increase sexual arousal to adults.[104] Behavioral treatments appear to have an effect on sexual arousal patterns during phallometric testing, but it is not known whether the effect represents changes in sexual interests or changes in the ability to control genital arousal during testing, nor whether the effect persists in the long term.[105][106] For sex offenders with mental disabilities, applied behavior analysis has been used.[107]
Sex drive reduction
Pharmacological interventions are used to lower the sex drive in general, which can ease the management of pedophilic feelings, but does not change sexual preference.[108] Antiandrogens work by interfering with the activity of testosterone. Cyproterone acetate (Androcur) and medroxyprogesterone acetate (Depo-Provera) are the most commonly used. The efficacy of antiantrogens has some support, but few high-quality studies exist. Cyproterone acetate has the strongest evidence for reducing sexual arousal, while findings on medroxyprogesterone acetate have been mixed.[109]
Gonadotropin-releasing hormone analogues such as leuprolide acetate (Lupron), which last longer and have fewer side-effects, are also used to reduce libido,[110] as are selective serotonin reuptake inhibitors.[109] The evidence for these alternatives is more limited and mostly based on open trials and case studies.[12] All of these treatments, commonly referred to as "chemical castration", are often used in conjunction with cognitive behavioral therapy.[111] According to the Association for the Treatment of Sexual Abusers, when treating child molesters, "anti-androgen treatment should be coupled with appropriate monitoring and counseling within a comprehensive treatment plan."[112] These drugs may have side-effects, such as weight gain, breast development, liver damage and osteoporosis.[12]
Historically, surgical castration was used to lower sex drive by reducing testosterone. The emergence of pharmacological methods of adjusting testosterone has made it largely obsolete, because they are similarly effective and less invasive.[108] It is still occasionally performed in Germany, the Czech Republic, Switzerland, and a few U.S. states. Non-randomized studies have reported that surgical castration reduces recidivism in contact sex offenders.[113] The Association for the Treatment of Sexual Abusers opposes surgical castration[112] and the Council of Europe works to bring the practice to an end in Eastern European countries where it is still applied through the courts.[114]
In law and forensic psychology
Definitions
Pedophilia is not a legal term,[8] and having a sexual attraction to children is not illegal in itself.[5] In law enforcement circles, the term pedophile is sometimes used in a broad manner to encompass a person who commits one or more sexually-based crimes that relate to legally underage victims. These crimes may include child sexual abuse, statutory rape, offenses involving child pornography, child grooming, stalking, and indecent exposure. One unit of the United Kingdom's Child Abuse Investigation Command is known as the "Paedophile Unit" and specializes in online investigations and enforcement work.[115] Some forensic science texts, such as Holmes (2008), use the term to refer to offenders who target child victims, even when such children are not the primary sexual interest of the offender.[116] FBI agent Kenneth Lanning, however, makes a point of distinguishing between pedophiles and child molesters.[117]
Civil and legal commitment
In the United States, following Kansas v. Hendricks, sex offenders who have certain mental disorders, including pedophilia, can be subject to indefinite civil commitment under various state laws[16] (generically called SVP laws[118]) and the federal Adam Walsh Child Protection and Safety Act of 2006.[119] Similar legislation exists in Canada.[16]
In Kansas v. Hendricks, the US Supreme Court upheld as constitutional a Kansas law, the Sexually Violent Predator Act, under which Hendricks, a pedophile, was found to have a "mental abnormality" defined as a "congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses to the degree that such person is a menace to the health and safety of others", which allowed the State to confine Hendricks indefinitely irrespective of whether the State provided any treatment to him.[120][121][122] In United States v. Comstock, this type of indefinite confinement was upheld for someone previously convicted on child pornography charges; this time a federal law was involved—the Adam Walsh Child Protection and Safety Act.[119][123] The Walsh Act does not require a conviction on a sex offense charge, but only that the person be a federal prisoner, and one who "has engaged or attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others", and who "would have serious difficulty in refraining from sexually violent conduct or child molestation if released".[124]
In the US, offenders with pedophilia are more likely to be recommended for civil commitment than non-pedophilic offenders. About half of committed offenders have a diagnosis of pedophilia.[16] Psychiatrist Michael First writes that, since not all people with a paraphilia have difficulty controlling their behavior, the evaluating clinician must present additional evidence of volitional impairment instead of recommending commitment based on pedophilia alone.[125]
Societal views
General
Pedophilia is one of the most stigmatized mental disorders.[54] One study reported high levels of anger, fear and social rejection even towards pedophiles who have not committed a crime.[126] The authors suggested such attitudes could negatively impact child sexual abuse prevention by reducing pedophiles' mental stability and discouraging them from seeking help.[54] According to sociologists Melanie-Angela Neuilly and Kristen Zgoba, social concern over pedophilia intensified greatly in the 1990s, coinciding with several sensational sex crimes (but a general decline in child sexual abuse rates). They found that the word pedophile appeared only rarely in The New York Times and Le Monde before 1996, with zero mentions in 1991.[127]
Social attitudes towards child sexual abuse are extremely negative, with some surveys ranking it as morally worse than murder.[128] Early research showed that there was a great deal of misunderstanding and unrealistic perceptions in the general public about child sexual abuse and pedophiles. However, a 2004 study concluded that the public was well-informed on some aspects of these subjects.[129]
Misuse of medical terminology
The words pedophile and pedophilia are sometimes used informally to describe an adult's sexual interest in pubescent or post-pubescent teenagers. The terms hebephilia or ephebophilia may be more accurate in these cases.[8][23][130] This was especially seen in the case of Mark Foley during the congressional page incident. Most of the media labeled Foley a pedophile, which led David Tuller of Slate magazine to state that Foley was not a pedophile but rather an ephebophile.[131]
Another common usage of pedophilia is to refer to the act of sexual abuse itself,[4] rather than the medical meaning, which is a preference for prepubescents on the part of the older individual (see § prevalence and child molestation for an explanation of the distinction).[6][7] There are also situations where the terms are misused to refer to relationships where the younger person is an adult of legal age, but is either considered too young in comparison to their older partner, or the older partner occupies a position of authority over them.[132][133] Researchers state that the above uses of the term pedophilia are imprecise or suggest that they are best avoided.[6][23] The Mayo Clinic states that pedophilia "is not a criminal or legal term".[8]
Pedophile advocacy groups
See also: Category:Pedophile activism.
From the late 1950s to early 1990s, several pedophile membership organizations advocated age of consent reform to lower or abolish age of consent laws,[134][135][136] as well as for the acceptance of pedophilia as a sexual orientation rather than a psychological disorder,[137] and for the legalization of child pornography.[136] The efforts of pedophile advocacy groups did not gain any public support[134][136][138][139][140] and today those few groups that have not dissolved have only minimal membership and have ceased their activities other than through a few websites.[136][140][141][142]
Anti-pedophile activism
Main article: Anti-pedophile activism
Anti-pedophile activism encompasses opposition against pedophiles, against pedophile advocacy groups, and against other phenomena that are seen as related to pedophilia, such as child pornography and child sexual abuse.[143] Much of the direct action classified as anti-pedophile involves demonstrations against sex offenders, against pedophiles advocating for the legalization of sexual activity between adults and children, and against Internet users who solicit sex from minors.[144][145][146][147]
High-profile media attention to pedophilia has led to incidents of moral panic, particularly following reports of pedophilia associated with Satanic ritual abuse and day care sex abuse.[148] Instances of vigilantism have also been reported in response to public attention on convicted or suspected child sex offenders. In 2000, following a media campaign of "naming and shaming" suspected pedophiles in the UK, hundreds of residents took to the streets in protest against suspected pedophiles, eventually escalating to violent conduct requiring police intervention.[144]
In culture
The Vladimir Nabokov novel Lolita was controversial because of its theme featuring an adult man with a 12-year-old "nymphet".
The Woodsman, starring Kevin Bacon, chronicles the journey of a child molester towards understanding the impact of his actions.
Are All Men Pedophiles? covers the topic of pedophilia and the misuse of medical terminology.
See also
Age disparity in sexual relationships
Child sexuality
Child trafficking
Circles of Support and Accountability
Gerontophilia
List of paraphilias
Lolicon
Nonce (slang)
Prevention Project Dunkelfeld
Virtuous Pedophiles
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64.Jump up ^ Seto, Michael (2008). Pedophilia and Sexual Offending Against Children. Washington, DC: American Psychological Association. pp. 47–48, 66.
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68.^ Jump up to: a b Lanning, Kenneth V. (2010). "Child Molesters: A Behavioral Analysis, Fifth Edition" (PDF). National Center for Missing and Exploited Children. p. 79.
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71.Jump up ^ Levesque, Roger J. R. (1999). Sexual Abuse of Children: A Human Rights Perspective. Indiana University. pp. p64. ISBN 0-253-33471-3.
72.Jump up ^ Crosson-Tower, Cynthia (2005). Understanding child abuse and neglect. Allyn & Bacon. pp. 198–200. ISBN 0-205-40183-X.
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78.Jump up ^ Cantor JM, Klassen PE, Dickey R, Christensen BK, Kuban ME, Blak T, Williams NS, Blanchard R (2005). "Handedness in pedophilia and hebephilia". Archives of Sexual Behavior 34 (4): 447–459. doi:10.1007/s10508-005-4344-7. PMID 16010467.
79.Jump up ^ Bogaert AF (2001). "Handedness, criminality, and sexual offending". Neuropsychologia 39 (5): 465–469. doi:10.1016/S0028-3932(00)00134-2. PMID 11254928.
80.Jump up ^ Cantor JM, Kuban ME, Blak T, Klassen PE, Dickey R, Blanchard R (2006). "Grade failure and special education placement in sexual offenders' educational histories". Archives of Sexual Behavior 35 (6): 743–751. doi:10.1007/s10508-006-9018-6. PMID 16708284.
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85.Jump up ^ Schiffer B, Peschel T, Paul T, Gizewski E, Forsting M, Leygraf N, Schedlowski M, Krueger TH (2007). "Structural brain abnormalities in the frontostriatal system and cerebellum in pedophilia". J Psychiatr Res 41 (9): 753–62. doi:10.1016/j.jpsychires.2006.06.003. PMID 16876824.
86.Jump up ^ Schiltz K, Witzel J, Northoff G, Zierhut K, Gubka U, Fellmann H, Kaufmann J, Tempelmann C, Wiebking C, Bogerts B (2007). "Brain pathology in pedophilic offenders: Evidence of volume reduction in the right amygdala and related diencephalic structures". Archives of General Psychiatry 64 (6): 737–746. doi:10.1001/archpsyc.64.6.737. PMID 17548755.
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91.Jump up ^ Schiffer B, Paul T, Gizewski E, Forsting M, Leygraf N, Schedlowski M, Kruger TH (May 2008). "Functional brain correlates of heterosexual paedophilia". Neuroimage 41 (1): 80–91. doi:10.1016/j.neuroimage.2008.02.008. PMID 18358744.
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109.^ Jump up to: a b Seto, Michael (2008). Pedophilia and Sexual Offending Against Children. Washington, DC: American Psychological Association. pp. 177–181.
110.Jump up ^ Cohen LJ, Galynker II (2002). "Clinical features of pedophilia and implications for treatment". Journal of Psychiatric Practice 8 (5): 276–89. doi:10.1097/00131746-200209000-00004. PMID 15985890.
111.Jump up ^ Guay, DR (2009). "Drug treatment of paraphilic and nonparaphilic sexual disorders". Clinical Therapeutics 31 (1): 1–31. doi:10.1016/j.clinthera.2009.01.009.
112.^ Jump up to: a b "Anti-androgen therapy and surgical castration". Association for the Treatment of Sexual Abusers. 1997.
113.Jump up ^ Seto, Michael (2008). Pedophilia and Sexual Offending Against Children. Washington, DC: American Psychological Association. pp. 181–182, 192.
114.Jump up ^ "Prague Urged to End Castration of Sex Offenders". DW.DE. 2009-02-05. Retrieved 2015-01-19.
115.Jump up ^ "Child abuse investigation impact" (PDF). Metropolitan Police Service (met.police.uk). Retrieved April 18, 2014.
116.Jump up ^ Holmes, Ronald M. Profiling Violent Crimes: An Investigative Tool. Sage Publications. ISBN 1-4129-5998-5.
117.Jump up ^ Lanning, Kenneth V. (2010). "Child Molesters: A Behavioral Analysis, Fifth Edition" (PDF). National Center for Missing and Exploited Children. pp. 16–17, 19–20.
118.Jump up ^ Morris, Grant H. (2002). "Commentary: Punishing the Unpunishable—The Abuse of Psychiatry to Confine Those We Love to Hate" (PDF). Journal of the American Academy of Psychiatry and the Law 30: 556–562.
119.^ Jump up to: a b Holland, Jesse J. (May 17, 2010). "Court: Sexually dangerous can be kept in prison". Associated Press. Retrieved May 16, 2010.
120.Jump up ^ "Psychological Evaluation for the Courts, Second Edition - A Handbook for Mental Health Professionals and Lawyers - 9.04 Special Sentencing Provisions (b) Sexual Offender Statutes". Guilford.com. Retrieved 2007-10-19.
121.Jump up ^ Cripe, Clair A; Pearlman, Michael G (2005). "Legal aspects of corrections management". ISBN 978-0-7637-2545-7.
122.Jump up ^ Ramsland, Katherine M; McGrain, Patrick Norman (2010). "Inside the minds of sexual predators". ISBN 978-0-313-37960-4.
123.Jump up ^ Liptak, Adam (2010-05-17). "Extended Civil Commitment of Sex Offenders Is Upheld". The New York Times.
124.Jump up ^ Barker, Emily (2009). "The Adam Walsh Act: Un-Civil Commitment". Hastings Constitutional Law Quarterly 37 (1): 145.
125.Jump up ^ First, Michael B., Halon, Robert L. (2008). "Use of DSM Paraphilia Diagnoses in Sexually Violent Predator Commitment Cases" (PDF). Journal of the American Academy of Psychiatry and the Law 36 (4): 450.
126.Jump up ^ Jahnke, S., Imhoff, R., Hoyer, J. (2015). "Stigmatization of People with Pedophilia: Two Comparative Surveys". Archives of Sexual Behavior 24 (1): 21–34.
127.Jump up ^ Neuillya, M. & Zgobab, K. (2006). "Assessing the Possibility of a Pedophilia Panic and Contagion Effect Between France and the United States". Victims & Offenders 1 (3): 225–254. doi:10.1080/15564880600626122.
128.Jump up ^ Seto, Michael (2008). Pedophilia and Sexual Offending Against Children. Washington, DC: American Psychological Association. p. viii.
129.Jump up ^ McCartan, K. (2004). "'Here There Be Monsters': the public's perception of paedophiles with particular reference to Belfast and Leicester". Medicine, Science and the Law 44 (4): 327–42. doi:10.1258/rsmmsl.44.4.327. PMID 15573972.
130.Jump up ^ "pedophilia". Encyclopædia Britannica.
131.Jump up ^ Tuller, David (2006-10-04). "What To Call Foley. The congressman isn't a pedophile. He's an ephebophile". Slate. Retrieved 2010-10-17.
132.Jump up ^ Guzzardi, Will (2010-01-06). "Andy Martin, GOP Senate Candidate, Calls Opponent Mark Kirk A "De Facto Pedophile"". Huffington Post. Retrieved 15 January 2010.
133.Jump up ^ Seligman, M. (1993). What you can change and what you can't, page 235. New York: Fawcett Columbine.
134.^ Jump up to: a b Jenkins, Philip (2006). Decade of Nightmares: The End of the Sixties and the Making of Eighties America. Oxford University Press. p. 120. ISBN 0-19-517866-1.
135.Jump up ^ Spiegel, Josef (2003). Sexual Abuse of Males: The Sam Model of Theory and Practice. Routledge. pp. 5, p9. ISBN 1-56032-403-1.
136.^ Jump up to: a b c d Eichewald, Kurt (August 21, 2006). "From Their Own Online World, Pedophiles Extend Their Reach". New York Times.
137.Jump up ^ Dr. Frits Bernard,. "The Dutch Paedophile Emancipation Movement". Paidika: the Journal of Paedophilia 1 (2, (Autumn 1987), p. 35–4). "Heterosexuality, homosexuality, bisexuality and paedophilia should be considered equally valuable forms of human behavior."
138.Jump up ^ Jenkins, Philip (1992). Intimate Enemies: Moral Panics in Contemporary Great Britain. Aldine Transaction. p. 75. ISBN 0-202-30436-1. "In the 1970s, the pedophile movement was one of several fringe groups whose cause was to some extent espoused in the name of gay liberation."
139.Jump up ^ Stanton, Domna C. (1992). Discourses of Sexuality: From Aristotle to AIDS. University of Michigan Press. p. 405. ISBN 0-472-06513-0.
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141.Jump up ^ Benoit Denizet-Lewis (2001). "Boy Crazy", Boston Magazine.
142.Jump up ^ Trembaly, Pierre (2002). "Social interactions among paedophiles".
143.Jump up ^ Global Crime Report | Investigation | Child porn and the cybercrime treaty part 2 |BBC World Service
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145.Jump up ^ Dutch paedophiles set up political party, May 30, 2006. Retrieved Jan2008.
146.Jump up ^ "The Perverted Justice Foundation Incorporated - A note from our foundation to you". Perverted-Justice. Retrieved March 16, 2012.
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148.Jump up ^ Jewkes Y (2004). Media and crime. Thousand Oaks, Calif: Sage. pp. 76–77. ISBN 0-7619-4765-5.
Further reading
Gladwell, Malcolm. "In Plain View." ("Jerry Sandusky and the Mind of a Pedophile") The New Yorker. September 24, 2012.
Philby, Charlotte. "Female sexual abuse: The untold story of society's last taboo." The Independent. Saturday August 8, 2009.
Bleyer, Jennifer. "How Can We Stop Pedophiles? Stop treating them like monsters." Slate. Monday September 24, 2012.
Fong, Diana. Editor: Nancy Isenson. "'If I'm attracted to children, I must be a monster'." Die Welt. May 29, 2013.
External links
Look up pedophilia in Wiktionary, the free dictionary.
Wikimedia Commons has media related to Pedophilia.
Understanding MRI research on pedophilia
Pedophilia: Myths, Realities and Treatments (Speaker Icon.svg Page will play audio when loaded)
Indictment from Operation Delego (PDF) (Archive)
Virtuous Pedophiles, online support for non-offending pedophiles working to remain offence-free.
Wikiquote has quotations related to: Pedophilia
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Polygamy
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For polygamy in plants, see Plant reproductive morphology. For polygamy in animals, see Animal sexual behaviour#Polygamy and polygyny.
Polygamy permitted and practiced.
Legal status unknown or ambiguous.
Polygamy generally illegal, but its practice not fully criminalised.
Polygamy fully outlawed and abolished and its practice fully criminalised.
In India, Philippines, Singapore, Malaysia and Sri Lanka, polygamy is only legal for Muslims.
In Eritrea, only Muslims may contract legal polygamous marriages in certain countries and sharia regions.
In Mauritius, polygamous unions have no legal recognition. Muslim men may, however, "marry" up to four women, but they do not have the legal status of wives.
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Polygamy (from Late Greek πολυγαμία, polygamia, "state of marriage to many spouses" or "frequent marriage")[1][2][3][4] is a marriage that includes more than two partners and falls under the broader category of Consensual Non-Monogamy.[5][6] When a man is married to more than one wife at a time, the relationship is called polygyny; and when a woman is married to more than one husband at a time, it is called polyandry. If a marriage includes multiple husbands and wives, it can be called polyamory,[7] group or conjoint marriage.[6] The term is used in related ways in social anthropology, sociology, as well as in popular speech. In contrast, monogamy is a marriage consisting of only two parties. Like monogamy, the term polygamy is often used in a de facto sense, applied regardless of whether the relationship is recognized by the state.[n 1] In sociobiology and zoology, polygamy is used in a broad sense to mean any form of multiple mating.
In countries that do not permit polygamy, a person who marries a second person while still being lawfully married is committing the crime of bigamy.
Globally, acceptance of polygamy is common. According to the Ethnographic Atlas, of 1,231 societies noted, 186 were monogamous; 453 had occasional polygyny; 588 had more frequent polygyny; and 4 had polyandry.[8] At the same time, even within societies that allow polygyny, the actual practice of polygyny occurs unevenly. There are exceptions: in Senegal, for example, nearly 47 percent of marriages are multiple.[9] Within polygynous societies, multiple wives often become a status symbol denoting wealth, power, and fame.
Zeitzen states that Western perceptions of African society and marriage patterns are biased by "contradictory concerns of nostalgia for traditional African culture versus critique of polygamy as oppressive to women or detrimental to development."[10] Many international human rights organisations as well as women's rights groups in many countries have called for its abolition. The practice has been ruled to violate the ICCPR (International Covenant on Civil and Political Rights) and the United Nations has recommended that the practice be abolished.[11][12][13][14][15]
Contents [hide]
1 Forms of polygamy 1.1 Polygyny 1.1.1 Incidence
1.1.2 Types
1.1.3 Household organization 1.1.3.1 Polygynous matrifocal households
1.1.3.2 Polygynous extended family households
1.2 Polyandry 1.2.1 Incidence
1.2.2 Types
1.3 Serial monogamy 1.3.1 Incidence
1.3.2 Matrifocal households
1.4 Group marriage
2 Contemporary religious attitudes to polygamy 2.1 Buddhism
2.2 Celtic traditions
2.3 Christianity 2.3.1 Roman Catholic Church
2.3.2 Latter Day Saint Movement 2.3.2.1 The Church of Jesus Christ of Latter-day Saints (LDS Church) 2.3.2.1.1 Mormon fundamentalism
2.3.2.2 Community of Christ
2.4 Hinduism
2.5 Islam
2.6 Judaism
3 Criticism
4 Legalization 4.1 United States
5 See also
6 Notes
7 References
8 Bibliography
9 External links
Forms of polygamy[edit]
Polygamy exists in three specific forms: polygyny - wherein a man has multiple simultaneous wives; polyandry - wherein a woman has multiple simultaneous husbands; or group marriage - wherein the family unit consists of multiple husbands and multiple wives. Anthropologists treat serial monogamy, in which divorce and remarriage occur, as a form of polygamy as it also establishes a series of households that continue to be tied by shared paternity and shared income.[16] Ambiguity may arise when the broad term "polygamy" is used with reference to a specific form of polygamy. Additionally, different countries may or may not include all forms in their laws on polygamy.
Polygyny[edit]
Main article: Polygyny
Incidence[edit]
Main article: Legal status of polygamy
Prince Manga Bell and favorite wives
Anthropologist Jack Goody's comparative study of marriage around the world utilizing the Ethnographic Atlas demonstrated an historical correlation between the practice of extensive shifting horticulture and polygamy in the majority of Sub-Saharan African societies.[17] Drawing on the work of Ester Boserup, Goody notes that the sexual division of labour varies between the male dominated intensive plough agriculture common in Eurasia and the extensive shifting horticulture found in sub-Saharan Africa. In some of the sparsely populated regions where shifting cultivation takes place in Africa, most of the work is done by women. This favoured polygamous marriages in which men sought to monopolize the production of women "who are valued both as workers and as child bearers. Goody however, observes that the correlation is imperfect. He also discusses more male dominated but relatively extensive farming systems such as those that exist in much of West Africa, in particular the tribes of Northern Ghana on which his African studies often focused, where polygyny is desired more for the creation of sons whose labor is valued. "[18][19]
Goody's observation regarding African male farming systems is discussed and supported by anthropologists Douglas R. White and Michael L. Burton in in "Causes of Polygyny: Ecology, Economy, Kinship, and Warfare" [20] where authors note: "Goody (1973) argues against the female contributions hypothesis. He notes Dorjahn's (1959) comparison of East and West Africa, showing higher female agricultural contributions in East Africa and higher polygyny rates in West Africa, especially in the West African savannah, where one finds especially high male agricultural contributions. Goody says, "The reasons behind polygyny are sexual and reproductive rather than economic and productive" (1973:189), arguing that men marry polygynously to maximize their fertility and to obtain large households containing many young dependent males."[21]
Types[edit]
Polygynous marriages can be distinguished between sororal polygyny, in which the co-wives are sisters, and non-sororal, where the co-wives are not related. For men, the benefits of polygyny are that it allows them to have more children, may provide them with more productive workers (where workers are family), and allows them to establish politically useful ties with a greater number of kin groups. Polygyny is also associated with a greater age gap between husbands and wives, as men must marry younger girls for their second wives. This leaves younger men without wives for longer periods.[22]
Polygyny may also result from the practice of levirate marriage. In such cases, the deceased man's heir may inherit his assets and wife; or, more usually, his brothers may marry the widow. This provides support for the widow and her children (usually also members of the brothers' kin group) and maintains the tie between the husband and wives' kin groups. The sororate is like the levirate, in that a widower must marry the sister of his dead wife. The wife's family, in other words, must provide a replacement for her thus maintaining the ties between them. Both levirate and sororate may result in a man having multiple wives.[23]
Some polygynous marriages are same-sex. In some societies such as the Lovedu in South Africa, aristocratic women who can afford to pay bridewealth in cattle can take wives and assume male political roles. Such a marriage could also be considered polyandrous since the main spouse is a woman.[22]
Even in monogamous societies, wealthy and powerful men established enduring relationships, and established separate household for, multiple female partners. This is a form of de facto polygyny that is also referred to as concubinage, or resource polygyny.[24]
Household organization[edit]
Marriage is the moment at which a new household is formed, but different arrangements may occur depending upon the type of marriage. Not all polygamous marriages result in the formation of a single household.
Polygynous matrifocal households[edit]
In many polygynous marriages the husband's wives may live in separate households, often at a great distance. They can thus be described as a "series of linked nuclear families with a 'father' in common."[25] As such, they are similar to the household formations created through divorce and serial monogamy.
Polygynous extended family households[edit]
Polyandry[edit]
Incidence[edit]
Main articles: Polyandry, Polyandry in Tibet and Polyandry in India
Polyandry is a practice wherein a woman has more than one husband at the same time. Polyandry is believed to be more likely in societies with scarce environmental resources, as it is believed to limit human population growth and enhance child survival.[26] It is a rare form of marriage that exists not only among poor families, but also the elite.[27] For example, in the Himalayan Mountains polyandry is related to the scarcity of land; the marriage of all brothers in a family to the same wife allows family land to remain intact and undivided. If every brother married separately and had children, family land would be split into unsustainable small plots. In Europe, this was prevented through the social practice of impartible inheritance (the disinheriting of most siblings, many who went on to become celibate monks and priests).[28]
Types[edit]
Fraternal polyandry was traditionally practiced among nomadic Tibetans in Nepal, parts of China and part of northern India, in which two or more brothers are married to the same wife, with the wife having equal 'sexual access' to them. It is most common in egalitarian societies marked by high male mortality or male absenteeism. It is associated with partible paternity, the cultural belief that a child can have more than one father.[29]
Non-fraternal polyandry occurs when the wives' husbands are unrelated, as among the Nayar of India. In this case, a woman undergoes a ritual marriage before puberty, and he is acknowledged as the father of all her children. She, however, may never cohabit with him, taking multiple lovers instead; these men must acknowledge the paternity of their children (and hence demonstrate that no caste prohibitions have been breeched) by paying the midwife. The women remain in their maternal home, living with their brothers, and property is passed matrilineally.[30] A similar form of matrilineal, de facto polyandry can be found in the institution of walking marriage among the Mosuo of China.
Serial monogamy[edit]
Serial monogamy refers to remarriage after death or divorce, i.e. multiple marriages but only one legal spouse at a time.
Incidence[edit]
Many societies that we consider monogamous in fact allow easy divorce. In many western countries divorce rates approach 50%. Those who remarry do so on average 3 times. Divorce and remarriage can thus result in serial monogamy. This can be interpreted as a form of plural mating, as are those societies dominated by female-headed families in the Caribbean, Mauritius and Brazil where there is frequent rotation of unmarried spouses. In all these account for 16 to 24% of the "monogamous" category.[31]
Matrifocal households[edit]
Serial monogamy creates a new kind of relative, the "ex-". The "ex-wife", for example, remains an active part of her "ex-husband's" life, as they may be tied together by transfers of resources (alimony, child support), or shared child custody. Bob Simpson notes that in the British case, serial monogamy creates an "extended family" - a number of households tied together in this way, including mobile children (Simpson notes, you may have an ex-wife, an ex-brother-in-law, etc., but not an "ex-child"). These "unclear families" do not fit the mould of the monogamous nuclear family. As a series of connected households, they come to resemble the polygynous model of separate households maintained by mothers with children, tied by a male to whom they are married.[32]
Group marriage[edit]
Main article: Group marriage
Group marriage is a marriage wherein the family unit consists of more than two partners, any of whom share parental responsibility for any children arising from the marriage.[33] Group marriage is a form of non-monogamy and polyamory.
Contemporary religious attitudes to polygamy[edit]
Buddhism[edit]
In Buddhism, marriage is not a sacrament. It is purely a secular affair and the monks do not participate in it, though in some sects priests and monks do marry. Hence it receives no religious sanction.[34] Forms of marriage consequently vary from country to country. It is said in the Parabhava Sutta that "a man who is not satisfied with one woman and seeks out other women is on the path to decline". Other fragments in the Buddhist scripture can be found that seem to treat polygamy unfavorably, leading some authors to conclude that Buddhism generally does not approve of it[35] or alternatively that it is a tolerated, but subordinate marital model.[36]
Until 2010 polygyny was legally recognized in Thailand. In Burma, polygyny was also frequent. In Sri Lanka, polyandry was practiced (though not widespread) until recent times.[34] When the Buddhist texts were translated into Chinese, the concubines of others were added to the list of inappropriate partners. Polyandry in Tibet as well was common traditionally, as was polygyny, and having several wives or husbands was never regarded as having sex with inappropriate partners.[37] Tibet is home to the largest and most flourishing polyandrous community in the world today. Most typically, fraternal polyandry is practiced, but sometimes father and son have a common wife, which is a unique family structure in the world. Other forms of marriage are also present, like group marriage and monogamous marriage.[38] Polyandry (especially fraternal polyandry) is also common among Buddhists in Bhutan, Ladakh, and other parts of the Indian subcontinent.
Celtic traditions[edit]
Some pre-Christian Celtic pagans were known to practice polygamy, although the Celtic peoples wavered between it, monogamy and polyandry depending on the time period and area.[39] In some areas this continued on even after Christianisation began, for instance the Brehon Laws of Gaelic Ireland explicitly allowed for polygamy,[40][41] especially amongst the noble class.[42] Some modern Celtic pagan religions accept the practice of polygamy to varying degrees,[43] though how widespread the practice is within these religions is unknown.
Christianity[edit]
Main article: Polygamy in Christianity
The Bible states in the New Testament that polygamy should not be practiced [by certain church leaders]. 1 Timothy states that certain Church leaders should have but one wife: "A bishop then must be blameless, the husband of one wife, vigilant, sober, of good behavior, given to hospitality, apt to teach" (chapter 3, verse 2; see also verse 12 regarding deacons having only one wife). Similar counsel is repeated in the first chapter of the Epistle to Titus. 1 Corinthians (chapter 7, verse 2) also writes, "Nevertheless, to avoid fornication, let every man have his own wife, and let every woman have her own husband."[44]
Periodically, Christian reform movements that have aimed at rebuilding Christian doctrine based on the Bible alone (sola scriptura) have at least temporarily accepted polygyny as a Biblical practice. For example, during the Protestant Reformation, in a document referred to simply as "Der Beichtrat" (or "The Confessional Advice" ),[45] Martin Luther granted the Landgrave Philip of Hesse, who, for many years, had been living "constantly in a state of adultery and fornication,"[46] a dispensation to take a second wife. The double marriage was to be done in secret, however, to avoid public scandal.[47] Some fifteen years earlier, in a letter to the Saxon Chancellor Gregor Brück, Luther stated that he could not "forbid a person to marry several wives, for it does not contradict Scripture." ("Ego sane fateor, me non posse prohibere, si quis plures velit uxores ducere, nec repugnat sacris literis.")[48]
"On February 14, 1650, the parliament at Nürnberg decreed that, because so many men were killed during the Thirty Years' War, the churches for the following ten years could not admit any man under the age of 60 into a monastery. Priests and ministers not bound by any monastery were allowed to marry. Lastly, the decree stated that every man was allowed to marry up to ten women. The men were admonished to behave honorably, provide for their wives properly, and prevent animosity among them."[49][50][51][52][53][54]
The trend towards frequent divorce and remarriage is sometimes referred to as 'serial polygamy'.[55] In contrast, others may refer to this as 'serial monogamy', since it is a series of monogamous relationships.[56] The first term highlights the multiplicity of marriages throughout the life-cycle, the second the non-simultaneous nature of these marriages.
In Sub-Saharan Africa, there has often been a tension between the Christian churches' insistence on monogamy and traditional polygamy. In some instances in recent times there have been moves for accommodation; in other instances, churches have resisted such moves strongly. African Independent Churches have sometimes referred to those parts of the Old Testament that describe polygamy in defending the practice.
Roman Catholic Church[edit]
The Roman Catholic Church condemns polygamy; the Catechism of the Catholic Church lists it in paragraph 2387 under the head "Other offenses against the dignity of marriage" and states that it "is not in accord with the moral law." Also in paragraph 1645 under the head "The Goods and Requirements of Conjugal Love" states "The unity of marriage, distinctly recognized by our Lord, is made clear in the equal personal dignity which must be accorded to husband and wife in mutual and unreserved affection. Polygamy is contrary to conjugal love which is undivided and exclusive."
Saint Augustine saw a conflict with Old Testament polygamy. He refrained from judging the patriarchs, but did not deduce from their practice the ongoing acceptability of polygyny. On the contrary, he argued that the polygamy of the Fathers, which was tolerated by the Creator because of fertility, was a diversion from His original plan for human marriage. Augustine wrote: That the good purpose of marriage, however, is better promoted by one husband with one wife, than by a husband with several wives, is shown plainly enough by the very first union of a married pair, which was made by the Divine Being Himself.[57]
Augustine taught that the reason patriarchs had many wives was not because of fornication, but because they wanted more children. He supported his premise by showing that their marriages, in which husband was the head, were arranged according to the rules of good management: those who are in command (quae principantur) in their society were always singular, while subordinates (subiecta) were multiple. He gave two examples of such relationships: dominus-servus - master-servant (in older translation: slave) and God-soul. The Bible often equates worshiping multiple gods, i.e. idolatry to fornication.[58] Augustine relates to that: On this account there is no True God of souls, save One: but one soul by means of many false gods may commit fornication, but not be made fruitful.[59]
As tribal populations grew, fertility was no longer a valid justification of polygamy: it was lawful among the ancient fathers: whether it be lawful now also, I would not hastily pronounce (utrum et nunc fas sit, non temere dixerim). For there is not now necessity of begetting children, as there then was, when, even when wives bear children, it was allowed, in order to a more numerous posterity, to marry other wives in addition, which now is certainly not lawful."[60]
Augustine saw marriage as a non-sacrament-friendly covenant between one man and one woman, which may not be broken. It was the Creator who established monogamy: Therefore the first natural bond of human society is man and wife.[61] Such marriage was confirmed by the Saviour in the Gospel of Matthew (Mat 19,9) and by His presence at the wedding in Cana (John 2:2).[62] In the Church—the City of God—marriage is a sacrament and may not and cannot be dissolved as long as the spouses live: But a marriage once for all entered upon in the City of our God, where, even from the first union of the two, the man and the woman, marriage bears a certain sacramental character, can in no way be dissolved but by the death of one of them..[63] In chapter 7, Augustine pointed out that the Roman Empire forbad polygamy, even if the reason of fertility would support it: For it is in a man's power to put away a wife that is barren, and marry one of whom to have children. And yet it is not allowed; and now indeed in our times, and after the usage of Rome (nostris quidem iam temporibus ac more Romano), neither to marry in addition, so as to have more than one wife living. Further on he notices that the Church's attitude goes much further than the secular law regarding monogamy: It forbids re-marrying, considering such to be a form of fornication: And yet, save in the City of our God, in His Holy Mount, the case is not such with the wife. But, that the laws of the Gentiles are otherwise, who is there that knows not .[64]
In modern times a minority of Roman Catholic theologians have argued that polygamy, though not ideal, can be a legitimate form of Christian marriage in certain regions, in particular Africa.[65][66] The Roman Catholic Church teaches in its Catechism that
"polygamy is not in accord with the moral law. [Conjugal] communion is radically contradicted by polygamy; this, in fact, directly negates the plan of God that was revealed from the beginning, because it is contrary to the equal personal dignity of men and women who in matrimony give themselves with a love that is total and therefore unique and exclusive."[67]
The illegality of polygamy in certain areas creates, according to certain Bible passages, additional arguments against it. Paul of Tarsus writes "submit to the authorities, not only because of possible punishment but also because of conscience" (Romans 13:5), for "the authorities that exist have been established by God." (Romans 13:1) St Peter concurs when he says to "submit yourselves for the Lord's sake to every authority instituted among men: whether to the king, as the supreme authority, or to governors, who are sent by him to punish those who do wrong and to commend those who do right." (1 Peter 2:13,14) Pro-polygamists argue that, as long as polygamists currently do not obtain legal marriage licenses nor seek "common law marriage status" for additional spouses, no enforced laws are being broken any more than when monogamous couples similarly co-habitate without a marriage license.[68]
Latter Day Saint Movement[edit]
Mormonism and polygamy
The Family of Joseph F. Smith
A Mormon polygamist family in 1888.
Background[show]
Current state of polygamy[show]
Prominent practitioners[show]
Related legislation[show]
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Main article: Mormonism and polygamy
See also: List of Latter Day Saint practitioners of plural marriage
The history of Mormonism and polygamy (specifically polygyny) began with Joseph Smith, who stated he received a revelation on July 17, 1831 that "plural marriage" should be practiced by some Mormon men who were specifically commanded to do so. This was later published in the Doctrine and Covenants by The Church of Jesus Christ of Latter-day Saints (LDS Church).[69] Despite Smith's revelation, the 1835 edition of the 101st Section of the Doctrine and Covenants, written after the doctrine of plural marriage began to be practiced, publicly condemned polygamy. This scripture was used by John Taylor in 1850 to quash Mormon polygamy rumors in Liverpool, England.[70] Polygamy was made illegal in the state of Illinois[71] during the 1839–44 Nauvoo era when several top Mormon leaders, including Smith,[72][73] Brigham Young and Heber C. Kimball took multiple wives. Mormon elders who publicly taught that all men were commanded to enter plural marriage were subject to harsh discipline.[74] On June 7, 1844 the Nauvoo Expositor criticized Smith for plural marriage.
The Church of Jesus Christ of Latter-day Saints (LDS Church)[edit]
After Joseph Smith was killed by a mob on June 27, 1844, the main body of Latter Day Saints left Nauvoo and followed Brigham Young to Utah where the practice of plural marriage continued.[75] In 1852 Brigham Young, the second president of the LDS Church, publicly acknowledged the practice of plural marriage through a sermon he gave. Additional sermons by top Mormon leaders on the virtues of polygamy followed.[76]:128 Controversy followed when polygamy became a social cause, writers began to publish works condemning polygamy. The key plank of the Republican Party's 1856 platform was "to prohibit in the territories those twin relics of barbarism, polygamy and slavery".[77] In 1862, Congress issued the Morrill Anti-Bigamy Act which clarified that the practice of polygamy was illegal in all US territories. The LDS Church believed that their religiously based practice of plural marriage was protected by the United States Constitution,[78] however, the unanimous 1878 Supreme Court decision Reynolds v. United States declared that polygamy was not protected by the Constitution, based on the longstanding legal principle that "laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices."[79]
Increasingly harsh anti-polygamy legislation in the US led some Mormons to emigrate to Canada and Mexico. In 1890, LDS Church president Wilford Woodruff issued a public declaration (the Manifesto) announcing that the LDS Church had discontinued new plural marriages. Anti-Mormon sentiment waned, as did opposition to statehood for Utah. The Smoot Hearings in 1904, which documented that the LDS Church was still practicing polygamy spurred the LDS Church to issue a Second Manifesto again claiming that it had ceased performing new plural marriages. By 1910 the LDS Church excommunicated those who entered into, or performed, new plural marriages. Even so, many plural husbands and wives continued to cohabit until their deaths in the 1940s and 1950s.[80]
Enforcement of the 1890 Manifesto caused various splinter groups to leave the LDS Church in order to continue the practice of plural marriage.[81] Polygamy among these groups persists today in Utah and neighboring states as well as in the spin-off colonies. Polygamist churches of Mormon origin are often referred to as "Mormon fundamentalist" even though they are not a part of the LDS Church. Such fundamentalists often use a purported 1886 revelation to John Taylor as the basis for their authority to continue the practice of plural marriage.[82] The Salt Lake Tribune stated in 2005 there were as many as 37,000 fundamentalists with less than half of them living in polygamous households.[83]
On December 13, 2013, US Federal Judge Clark Waddoups ruled in Brown v. Buhman that the portions of Utah's anti-polygamy laws which prohibit multiple cohabitation were unconstitutional, but also allowed Utah to maintain its ban on multiple marriage licenses.[84][85][86][87] Unlawful cohabitation, where prosecutors did not need to prove that a marriage ceremony had taken place (only that a couple had lived together), had been the primary tool used to prosecute polygamy in Utah since the 1882 Edmunds Act.[80]
Mormon fundamentalism[edit]
The Council of Friends (also known as the Woolley Group and the Priesthood Council)[88][89] was one of the original expressions of Mormon fundamentalism, having its origins in the teachings of Lorin C. Woolley, a dairy farmer excommunicated from the LDS Church in 1924. Several Mormon fundamentalist groups claim lineage through the Council of Friends, including but not limited to, the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS Church), the Apostolic United Brethren, the Centennial Park group, the Latter Day Church of Christ, and the Righteous Branch of the Church of Jesus Christ of Latter-day Saints.
Community of Christ[edit]
The Community of Christ, known as the Reorganized Church of Jesus Christ of Latter Day Saints (RLDS Church) prior to 2001, has never sanctioned polygamy since its foundation in 1872. Joseph Smith III, the first Prophet-President of the RLDS Church following the Reorganized of the church, was an ardent opponent of the practice of plural marriage throughout his life. For most of his career, Smith denied that his father had been involved in the practice and insisted that it had originated with Brigham Young. Smith served many missions to the western United States where he met with and interviewed associates and women claiming to be widows of his father, who attempted to present him with evidence to the contrary. In the end, Smith concluded that he was "not positive nor sure that [his father] was innocent"[90] and that if, indeed, the elder Smith had been involved, it was still a false practice. However, many members of the Community of Christ, and some of the groups that were formerly associated with it are still not convinced that Joseph Smith III's father did indeed engage in plural marriage, and feel that the evidence that he did so is largely flawed.[91][92]
Hinduism[edit]
The Rig Veda mentions that during the Vedic period, a man could have more than one wife.[93] The practice is attested in epics like Ramayana and Mahabharata. The Dharmashastras permit a man to marry women of lower castes provided that the first wife was of equal caste. Despite its existence, it was most usually practiced by men of higher castes and higher status. Common people were only allowed a second marriage if the first wife could not bear a son.[94]
According to Vishnu Smriti, the number of wives is linked to the caste system:
Now a Brāhmaṇa may take four wives in the direct order of the (four) castes;
A Kshatriya, three;.
A Vaishya, two
A Shudra, one only[95]
This linkage of permissibe number of wives to the caste system is also supported by Baudhayana Dharmasutra and Paraskara Grihyasutra.[96][97]
The Apastamba Dharmasutra and Manusmriti allow a second wife if the first one is unable to discharge her religious duties or is unable to bear a son.[96]
For a Brahmana, only one wife could rank as the chief consort who performed the religious rites (dharma-patni) along with the husband. The chief consort had to be of an equal caste. If a man married several women from the same caste, then eldest wife is the chief consort.[98] Hindu kings commonly had more than one wife and are regularly attributed four wives by the scriptures. They were: Mahisi who was the chief consort, Parivrkti who had no son, Vaivata who is considered to be the favorite wife and the Palagali who was the daughter of the last of the court officials.[93]
The other practice though not well documented is polyandry, where a woman marries more than one man. Draupadi in the epic Mahabharat had 5 husbands - the Pandavas.
In the post-Vedic periods, polygamy declined in Hinduism, and is now considered immoral.[99] Traditional Hindu law allowed polygamy if the first wife could not bear a son.[100]
The Hindu Marriage Act was enacted in 1955 by the Indian Parliament and made polygamy in any form illegal in India. Prior to 1955, polygamy was permitted for Indian Hindus. Marriage laws in India are dependent upon the religion of the parties in question. The terms under the Hindu Marriage Act, 1954 has deemed polygamy to be illegal for Hindus.[101]
Islam[edit]
Main article: Polygyny in Islam
Azim Azimzade. "The old wife and the new one". 1935
In Islam, polygyny is allowed upon the condition that the husband treats all his wives equally and also the Sharia law allows a man to have at most four wives at any time. This is based on verse 4:3 of Quran which says:
If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice.
—Qur'an, Sura 4 (An-Nisa), Ayah 3[102]
The verse 4:129 also cautions men against polygyny and has been cited as an implicit prohibition of polygyny in Quran by some.:[103]
Ye are never able to be fair and just as between women, even if it is your ardent desire.
—Qur'an, Sura 4 (An-Nisa), Ayah 129[104]
Muhammad had a total of nine wives, but not all at the same time, depending on the sources in his lifetime. He had nine wives at the time of his death. The Qur'an clearly states that men who choose this route must deal with their wives justly. If the husband fears that he cannot deal with his wives justly, then he should only marry one. The Qur'an does not give preference in marrying more than one wife but allows it to make it easier on a woman who has no support. A husband does not have to have permission from his first wife.[105] However, the wife can set a condition, before marriage, that the husband cannot marry another woman during their marriage. In such a case, the husband cannot marry another woman as long as he is married to his wife.[106]
Women, on the other hand, are only allowed to marry one husband, although they are allowed to remarry after a divorce. Although many Muslim countries still retain traditional Islamic law that permits polygyny, secular elements within some Muslim societies challenge its acceptability. Polygyny is prohibited by law in some Muslim-majority countries that have not adopted Islamic law for marital regulations, such as Azerbaijan, Tunisia and Turkey.
Polygyny, and laws concerning polygyny, differ greatly throughout the Islamic world and form a very complex and diverse background from nation to nation. Whereas in some Muslim countries it may be fairly common, in most others it is often rare or non-existent. According to traditional Islamic law, a man may take up to four wives, and each of those wives must have her own property, assets, and dowry. Usually the wives have little to no contact with each other and lead separate, individual lives in their own houses, and sometimes in different cities, though they all share the same husband.
In the modern Islamic world, polygyny is found in Saudi Arabia, and West and East Africa; in Sudan it was encouraged by the President Omar al-Bashir in 2001 to increase the population.[107] Among the 22 member states of the Arab League, Tunisia alone explicitly prohibits polygyny which it banned in 1956;[108] however, it is generally frowned upon in many of the more secularized Arab states, such as Egypt.[citation needed] In Iran, polygyny was common in the past, but today it is not widely practiced and people, especially new generations, don't have good attitude toward it; however, it is not banned legally. Few other countries including Libya and Morocco require the written permission of the first wife if her husband wishes to marry a second, third, or fourth wife.
Judaism[edit]
See also: Pilegesh
The Torah, Judaism's central text, includes a few specific regulations on the practice of polygamy,[109] such as Exodus 21:10: "If he take another wife for himself; her food, her clothing, and her duty of marriage, shall he not diminish".[110] Deuteronomy 21:15–17, states that a man must award the inheritance due to a first-born son to the son who was actually born first, even if he hates that son's mother and likes another wife more;[111] and Deuteronomy 17:17 states that the king shall not have too many wives.[112] The king's behavior is condemned by Prophet Samuel in 1 Samuel 8. (The understanding of the Jewish perspective on co-wives may also be derived from the Hebrew word for co-wife found in the Tanakh, "צרה" [Tza'rah], which forms the same root as the Yiddush word, "צרות" [Tzoo'rus], meaning "trouble".) It is important to note, as explained by Israeli lexicographer Vadim Cherny, that the Torah carefully distinguishes concubines and "sub-standard" wives with prefix "to" (lit. "took to wives").[113] Despite these nuances to the biblical perspective on polygamy, many important figures had more than one wife, such as in the instances of Esau (Gen 26:34; 28:6-9),[110] Moses (Ex 2:21;Num 12:1),[110] Jacob (Gen 29:15-28),[110] Elkanah (1 Samuel 1:1-8),[110] David (1 Samuel 25:39-44; 2 Samuel 3:2-5; 5:13-16),[110] and Solomon (1 Kings 11:1-3).[110]
Multiple marriage was considered a realistic alternative in the case of famine, widowhood, or female infertility[114] like in the practice of levirate marriage, wherein a man was required to marry and support his deceased brother's widow, as mandated by Deuteronomy 25:5–10. Despite its prevalence in the Hebrew bible, scholars do not believe that polygyny was commonly practiced in the biblical era because it required a significant amount of wealth.[115] Michael Coogan, in contrast, states that "Polygyny continued to be practised well into the biblical period, and it is attested among Jews as late as the second century CE."[116]
The monogamy of the Roman Empire was the cause of two explanatory notes in the writings of Josephus describing how the polygamous marriages of Herod were permitted under Jewish custom.[117]
The Rabbinical era that began with the destruction of the second temple in Jerusalem in 70 CE saw a continuation of some degree of legal acceptance for polygamy. In the Babylonian Talmud (BT), Kiddushin 7a, its states, "Raba said: [If a man declares,] 'Be thou betrothed to half of me,' she is betrothed: 'half of thee be betrothed to me,' she is not betrothed."[118] The BT during a discussion of Levirate marriage in Yevamot 65a appears to repeat the precedent found in Exodus 21:10: "Raba said: a man may marry wives in addition to the first wife; provided only that he possesses the means to maintain them."[119] The Jewish Codices began a process of restricting polygamy in Judaism. The Rambam's Mishneh Torah, while maintaining the right to multiple spouses, and the requirement to provide fully for each as indicated in previously cited sources, went further: "He may not, however, compel his wives to live in the same courtyard. Instead, each one is entitled to her own household."[120] Finally, the most authoritative codex, the Shulchan Aruch, builds on all of the previous works by adding further nuances: "…but in any event, our sages have advised well not to marry more than four wives, in order that he can meet their conjugal needs at least once a month. And in a place where it is customary to marry only one wife, he is not permitted to take another wife on top of his present wife."[121] As can be seen, while the tradition of the Rabbinic period began with providing legal definition for the practice of polygamy (although this does not indicate the frequency with which polygamy in fact occurred) that corresponded to precedents in the tanakh, by the time of the Codices the Rabbis had greatly reduced or eliminated sanction of the practice.
Most notable in the Rabbinic period on the issue of polygamy, though more specifically for Ashkenazi Jews, was the synod of Rabbeinu Gershom. About 1000 CE he called a synod which decided the following particulars: (1) prohibition of polygamy; (2) necessity of obtaining the consent of both parties to a divorce; (3) modification of the rules concerning those who became apostates under compulsion; (4) prohibition against opening correspondence addressed to another.[citation needed] These prohibitions remained in force for one thousand years.
In the modern day, polygamy is almost nonexistent in Rabbinic Judaism.[122] Ashkenazi Jews have continued to follow Rabbenu Gershom's ban since the 11th century.[123] Some Sephardi and Mizrahi Jews (particularly those from North Africa, Yemen, Kurdistan, and Iran) discontinued polygamy much more recently, as they emigrated to countries where it was forbidden.[citation needed]However polygamy may still occur in non-European Jewish communities that exist in countries where it is not forbidden, such as Jewish communities in Yemen and the Arab world.[citation needed] Because of the Jewish exodus from Arab and Muslim countries, in the first decade of the 21st century there were only some 4,500 Jews left in the Arab world and in 2012 only 8,756 in Iran, with few young people among them.[citation needed]
Among Karaite Jews, who do not adhere to Rabbinic interpretations of the Torah, polygamy is almost non-existent today. Like other Jews, Karaites interpret Leviticus 18:18 to mean that a man can only take a second wife if his first wife gives her consent (Keter Torah on Leviticus, pp. 96–97) and Karaites interpret Exodus 21:10 to mean that a man can only take a second wife if he is capable of maintaining the same level of marital duties due to his first wife; the marital duties are 1) food, 2) clothing, and 3) sexual gratification. Because of these two biblical limitations and because most countries outlaw it, polygamy is considered highly impractical, and there are only a few known cases of it among Karaite Jews today.
Israel has made polygamy illegal.[124][125] Provisions were instituted to allow for existing polygamous families immigrating from countries where the practice was legal. Furthermore, former chief rabbi Ovadia Yosef[126] has come out in favor of legalizing polygamy and the practice of pilegesh (concubine) by the Israeli government.
Tzvi Zohar, a professor from the Bar-Ilan University, recently suggested that based on the opinions of leading halachic authorities, the concept of concubines may serve as a practical Halachic justification for premarital or non-marital cohabitation.[127][128]
Criticism[edit]
Refuting allegations that polygamy helps reduce the rate of poverty among struggling widows and orphans,[129] a medical study conducted by the Croatian Medical Journal in African nations that legalized the practice found the odds are more likely that families of men having the right to marry multiple wives will conceive more children for whom it would cost more to provide.[129] The study also noted that the temptation for sexual intercourse that has often come with polygamy, regardless of whether a man has multiple wives or vice versa, has been a major contributor to the HIV/AIDS epidemic in Africa as well.[129]
Also, a 2012 study from the University of British Columbia shows that, in polygamist cultures, "the intra-sexual competition that occurs causes greater levels of crime, violence, poverty and gender inequality than in societies that institutionalize and practice monogamous marriage".[130]
A 2013 study of Nigerian students, published in the International Journal of Psychology and Counselling, showed that "there is a significant difference in the overall academic achievement of students from monogamous families and those from polygamous families" and "that life in polygamous family can be traumatic and children brought up in such family structure often suffer some emotional problems such as lack of warmth, love despite availability of money and material resources, and disciplinary problems which may hinder their academic performance."[131]
A study of Bedouin-Arab women found that "Women in polygamous marriages showed significantly higher psychological distress, and higher levels of somatisation, phobia and other psychological problems. They also had significantly more problems in family functioning, marital relationships and life satisfaction".[132]
In "An Evolutionary and Rawlsian Evaluation of Polygamy," Michael Shindler, the Editor-in-Chief of The Apollonian Revolt argues that polygamy is an unjust social arrangement for the reason that "behind the Rawlsian ‘veil,’ none of the designers know who they will be once it is lifted and therefore, they will endeavor to make the choice that puts those who are worst off in a position that all [the designers behind Rawls' veil of ignorance] agree is, at the very least, acceptable. Knowing that humans by their very nature are, by and large, driven towards carnal and romantic fulfillment and that lacking such fulfillment, commonly encounter great sorrow, the designers behind the veil must choose against the institutionalization of polygamy because its investiture would necessarily thrust a sizeable portion of the population into an unacceptable arrangement." [133]
Legalization[edit]
Unbalanced scales.svg
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United States[edit]
Polygamy is currently illegal in the United States. On December 13, 2013, a federal judge, spurred by the American Civil Liberties Union and other groups,[134] struck down the parts of Utah's bigamy law that criminalized cohabitation,[135] while also acknowledging that the state may still enforce bans on having multiple marriage licenses.[135]
In the U.S., the Libertarian Party supports complete decriminalization of polygamy as part of a general belief that the government should not regulate marriages.[136] Individualist feminism and advocates such as Wendy McElroy and journalist Jillian Keenan also support the freedom for adults to voluntarily enter polygamous marriages.[137][138]
In an October 2004 op-ed for USA Today, George Washington University law professor Jonathan Turley "argued that, as a simple matter of equal treatment under law, polygamy ought to be legal. Acknowledging that underage girls are sometimes coerced into polygamous marriages, Turley replied that banning polygamy is no more a solution to child abuse than banning marriage would be a solution to spousal abuse."[139]
In January 2015, Pastor Neil Patrick Carrick of Detroit Michigan brought a case Carrick v. Snyder against Michigan that the states ban of polygamy violates the Free Exercise and Equal Protection Clause of the U.S. Constitution.[140][141]
There is another, more "conservative" case for polygamy, too: "By legitimizing polygamy and allowing its practitioners to join mainstream society, we can monitor and regulate the practice, thereby reducing any problems. On Big Love, for example, one polygamous wife won't visit a hospital for fear of alerting the authorities. Legalize polygamy, the argument goes, and marriage and divorce law will protect polygamous wives, instead of scaring them into hiding."[139]
Stanley Kurtz, a fellow at the Hudson Institute, however, lamented the modern arguments made by intellectuals calling for de-criminalizing polygamy. Kurtz concluded, "Marriage, as its ultramodern critics would like to say, is indeed about choosing one's partner, and about freedom in a society that values freedom. But that's not the only thing it is about. As the Supreme Court justices who unanimously decided Reynolds in 1878 understood, marriage is also about sustaining the conditions in which freedom can thrive. Polygamy in all its forms is a recipe for social structures that inhibit and ultimately undermine social freedom and democracy. A hard-won lesson of Western history is that genuine democratic self-rule begins at the hearth of the monogamous family."[139]
See also[edit]
Hypergamy
Conflict of marriage laws#Polygamy
More danico
Promiscuity
Swinging (sexual practice)
Ménage à trois
List of polygamy court cases
Notes[edit]
1.Jump up ^ For the extent to which states can and do recognize potentially and actual polygamous forms as valid, see Marriage (conflict).
References[edit]
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44.Jump up ^ The Digital Nestle-Aland lists only one manuscript (P46) as source of the verse, while nine other manuscripts have no such verse, cf. http://nttranscripts.uni-muenster.de/AnaServer?NTtranscripts+0+start.anv
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51.Jump up ^ William Walker Rockwell, Die Doppelehe des Landgrafen Philipp von Hessen (Marburg, 1904), p. 280, n. 2 (copy at Google Books), which reports the number of wives allowed was two.
52.Jump up ^ Leonhard Theobald, "Der angebliche Bigamiebeschluß des fränkischen Kreistages" ["The So-called Bigamy Decision of the Franconian Kreistag"], Beitrage zur Bayerischen kirchengeschichte [Contributions to Bavarian Church History] 23 (1916 – bound volume dated 1917) Erlangen: 199–200 (Theobald reporting that the Franconian Kreistag did not hold session between 1645 and 1664, and that there is no record of such a law in the extant archives of Nürnberg, Ansbach, or Bamberg, Theobald believing that the editors of the Fränkisches Archiv must have misunderstood a draft of some other legislation from 1650).
53.Jump up ^ Alfred Altmann, "Verein für Geschichte der Stadt Nürnburg," Jahresbericht über das 43 Vereinsjahr 1920 [Annual Report for the 43rd Year 1920 of the Historical Society of the City of Nuremberg] (Nürnberg 1920): 13–15 (Altmann reporting a lecture he had given discussing the polygamy permission said to have been granted in Nuremberg in 1650, Altmann characterizing the Fränkisches Archiv as "merely a popular journal, not an edition of state documents," and describing the tradition as "a literary fantasy").
54.Jump up ^ See Heinrich Christoph Büttner, Johann Heinrich Keerl, und Johann Bernhard Fischer. Fränkisches Archiv, herausgegeben. I Band. 1790. (at p. 155) (setting forth a 1790 printing of the legislation).
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60.Jump up ^ St. Augustin On the Good of Marriage, ch.17; cf. On Marriage and Concupiscence,I,9.8
61.Jump up ^ On the Good of Marriage, ch.1
62.Jump up ^ On the Good of Marriage, ch.3
63.Jump up ^ On the Good of Marriage, 17
64.Jump up ^ Augustine, On the Good of Marriage, ch. 7
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67.Jump up ^ Catholic Cathechism, para. 2387 April 05, 2009, Vatican website
68.Jump up ^ "Law of the Land" page at BiblicalPolygamy.com
69.Jump up ^ Doctrine and Covenants 132 as found at lds.org
70.Jump up ^ Three nights public discussion between the Revds. C. W. Cleeve, James Robertson, and Philip Cater, and Elder John Taylor, Of The Church of Jesus Christ of Latter-day Saints, At Boulogne-Sur-Mer, France. Chairman, Rev. K. Groves, M.A., Assisted By Charles Townley, LL.D., and Mr. Luddy. pp. 8–9
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73.Jump up ^ Smith, George D (Spring 1994). "Nauvoo Roots of Mormon Polygamy, 1841-46: A Preliminary Demographic Report". Dialogue: A Journal of Mormon Thought 27 (1). Retrieved 2007-05-12.
74.Jump up ^ Times and Seasons, vol. 5, p. 423, February 1, 1844
75.Jump up ^ Main Street Church (2007), Lifting the Veil of Polygamy, Main Street Church — a video presentation concerning the history of Mormon polygamy and its modern manifestations.
76.Jump up ^ Young, Brigham (June 18, 1865), "Personality of God — His Attributes — Eternal Life, etc.", Journal of Discourses 11: 119–128, "Since the founding of the Roman empire monogamy has prevailed more extensively than in times previous to that. The founders of that ancient empire were robbers and women stealers, and made laws favoring monogamy in consequence of the scarcity of women among them, and hence this monogamic system which now prevails throughout Christendom, and which had been so fruitful a source of prostitution and whoredom throughout all the Christian monogamic cities of the Old and New World, until rottenness and decay are at the root of their institutions both national and religious."
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119.Jump up ^ Babylonian Talmud: Yevamot 65a. halakhah.com, n.d. 5a. Web. 25 Oct. 2012
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125.Jump up ^ Aburabia, Sarab. "Victims of polygamy". Haaretz.com. Retrieved 2011-09-13.
126.Jump up ^ Polygamy's Practice Stirs Debate in Israel
127.Jump up ^ Navon, Emmanuel (2006-03-16). "Kosher Sex Without Marriage, a Jerusalem Post article that discusses Jacob Emden's and Tzvi Zohar's views". Jpost.com. Retrieved 2011-09-13.
128.Jump up ^ "Tzvi Zohar's comprehensive academic research on the subject, Akdamot Journal for Jewish Thought 17, 2003, Beit Morasha Press (in Hebrew)" (PDF). Retrieved 2011-09-13.
129.^ Jump up to: a b c Is HIV/AIDS Epidemic Outcome of Poverty in Sub-Saharan Africa Noel Dzimnenani Mbirimtengerenji, Croatian Medical Journal, October 2007 edition, Accessed February 5, 2014
130.Jump up ^ Monogamy reduces major social problems of polygamist cultures. Science Daily. Published: 24 January 2012.
131.Jump up ^ Effects of family type (monogamy or polygamy) on students' academic achievement in Nigeria. International Journal of Psychology and Counselling. Published: October 2013
132.Jump up ^ Al-Krenawi, Alean; Graham, John (January 2006). "A Comparison of Family Functioning, Life and Marital Satisfaction, and Mental Health of Women in Polygamous and Monogamous Marriages". International Journal of Social Psychiatry 52 (1).
133.Jump up ^ Shindler, Michael (2015). "An Evolutionary and Rawlsian Evaluation of Polygamy". The Apollonian Revolt. Retrieved 30 April 2015.
134.Jump up ^ ACLU of Utah to Join Polygamists in Bigamy Fight, 16 July 1999 press release.
135.^ Jump up to: a b "Federal judge declared Utah polygamy law unconstitutional". Salt Lake Tribune. December 13, 2013.
136.Jump up ^ [1]
137.Jump up ^ Korol, Bruce (2009). "Polygamy is a (al)right". Arts & Opinion 8 (3). Reprinted by Wendy McElroy at wendymcelroy.com
138.Jump up ^ Keenan, Jillian (April 15, 2013). "Legalize Polygamy! No. I am not kidding". Slate.
139.^ Jump up to: a b c "Polygamy vs. Democracy". The Weekly Standard. Published: June 5, 2006.
140.Jump up ^ "Carrick v. Snyder et al". Justia Dockets & Filings.
141.Jump up ^ Oralandar Brand-Williams, The Detroit News (13 January 2015). "Minister sues Mich. for right to marry same-sex couples". detroitnews.com.
Bibliography[edit]
Cairncross, John (1974). After Polygamy Was Made a Sin: The Social History of Christian Polygamy. London: Routledge & Kegan Paul.
Chapman, Samuel A. (2001). Polygamy, Bigamy and Human Rights Law. Xlibris Corp. ISBN 1-4010-1244-2.
Hillman, Eugene (1975). Polygamy Reconsidered: African Plural Marriage and the Christian Churches. New York: Orbis Books. ISBN 0-88344-391-0.
Korotayev, Andrey (2004). World Religions and Social Evolution of the Old World Oikumene Civilizations: A Cross-cultural Perspective (First ed.). Lewiston, New York: Edwin Mellen Press. ISBN 0-7734-6310-0.
Van Wagoner, Richard S. (1992). Mormon Polygamy: A History (2nd ed.). Utah: Signature Books. ISBN 0-941214-79-6.
Wilson, E. O. (2000). Sociobiology: The New Synthesis. Harvard Univ Pr. ISBN 0-674-00235-0.
External links[edit]
The dictionary definition of polygamy at Wiktionary
Quotations related to Polygamy at Wikiquote
Works related to Portal:Polygamy at Wikisource
Media related to Polygamy at Wikimedia Commons
The Four Major Periods of Mormon Polygamy, essay by Todd M. Compton, hosted by Signature Books
Polygamy in Africa
History of Polygamy in Judaism
LIFE With Polygamists, 1944 - slideshow by Life magazine
Liberal Feminism and the Ethics of Polygamy, by Simon May, Department of Philosophy, Virginia Tech, Blacksburg, Virginia, US
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https://en.wikipedia.org/wiki/Polygamy
Polygamy
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For polygamy in plants, see Plant reproductive morphology. For polygamy in animals, see Animal sexual behaviour#Polygamy and polygyny.
Polygamy permitted and practiced.
Legal status unknown or ambiguous.
Polygamy generally illegal, but its practice not fully criminalised.
Polygamy fully outlawed and abolished and its practice fully criminalised.
In India, Philippines, Singapore, Malaysia and Sri Lanka, polygamy is only legal for Muslims.
In Eritrea, only Muslims may contract legal polygamous marriages in certain countries and sharia regions.
In Mauritius, polygamous unions have no legal recognition. Muslim men may, however, "marry" up to four women, but they do not have the legal status of wives.
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Polygamy (from Late Greek πολυγαμία, polygamia, "state of marriage to many spouses" or "frequent marriage")[1][2][3][4] is a marriage that includes more than two partners and falls under the broader category of Consensual Non-Monogamy.[5][6] When a man is married to more than one wife at a time, the relationship is called polygyny; and when a woman is married to more than one husband at a time, it is called polyandry. If a marriage includes multiple husbands and wives, it can be called polyamory,[7] group or conjoint marriage.[6] The term is used in related ways in social anthropology, sociology, as well as in popular speech. In contrast, monogamy is a marriage consisting of only two parties. Like monogamy, the term polygamy is often used in a de facto sense, applied regardless of whether the relationship is recognized by the state.[n 1] In sociobiology and zoology, polygamy is used in a broad sense to mean any form of multiple mating.
In countries that do not permit polygamy, a person who marries a second person while still being lawfully married is committing the crime of bigamy.
Globally, acceptance of polygamy is common. According to the Ethnographic Atlas, of 1,231 societies noted, 186 were monogamous; 453 had occasional polygyny; 588 had more frequent polygyny; and 4 had polyandry.[8] At the same time, even within societies that allow polygyny, the actual practice of polygyny occurs unevenly. There are exceptions: in Senegal, for example, nearly 47 percent of marriages are multiple.[9] Within polygynous societies, multiple wives often become a status symbol denoting wealth, power, and fame.
Zeitzen states that Western perceptions of African society and marriage patterns are biased by "contradictory concerns of nostalgia for traditional African culture versus critique of polygamy as oppressive to women or detrimental to development."[10] Many international human rights organisations as well as women's rights groups in many countries have called for its abolition. The practice has been ruled to violate the ICCPR (International Covenant on Civil and Political Rights) and the United Nations has recommended that the practice be abolished.[11][12][13][14][15]
Contents [hide]
1 Forms of polygamy 1.1 Polygyny 1.1.1 Incidence
1.1.2 Types
1.1.3 Household organization 1.1.3.1 Polygynous matrifocal households
1.1.3.2 Polygynous extended family households
1.2 Polyandry 1.2.1 Incidence
1.2.2 Types
1.3 Serial monogamy 1.3.1 Incidence
1.3.2 Matrifocal households
1.4 Group marriage
2 Contemporary religious attitudes to polygamy 2.1 Buddhism
2.2 Celtic traditions
2.3 Christianity 2.3.1 Roman Catholic Church
2.3.2 Latter Day Saint Movement 2.3.2.1 The Church of Jesus Christ of Latter-day Saints (LDS Church) 2.3.2.1.1 Mormon fundamentalism
2.3.2.2 Community of Christ
2.4 Hinduism
2.5 Islam
2.6 Judaism
3 Criticism
4 Legalization 4.1 United States
5 See also
6 Notes
7 References
8 Bibliography
9 External links
Forms of polygamy[edit]
Polygamy exists in three specific forms: polygyny - wherein a man has multiple simultaneous wives; polyandry - wherein a woman has multiple simultaneous husbands; or group marriage - wherein the family unit consists of multiple husbands and multiple wives. Anthropologists treat serial monogamy, in which divorce and remarriage occur, as a form of polygamy as it also establishes a series of households that continue to be tied by shared paternity and shared income.[16] Ambiguity may arise when the broad term "polygamy" is used with reference to a specific form of polygamy. Additionally, different countries may or may not include all forms in their laws on polygamy.
Polygyny[edit]
Main article: Polygyny
Incidence[edit]
Main article: Legal status of polygamy
Prince Manga Bell and favorite wives
Anthropologist Jack Goody's comparative study of marriage around the world utilizing the Ethnographic Atlas demonstrated an historical correlation between the practice of extensive shifting horticulture and polygamy in the majority of Sub-Saharan African societies.[17] Drawing on the work of Ester Boserup, Goody notes that the sexual division of labour varies between the male dominated intensive plough agriculture common in Eurasia and the extensive shifting horticulture found in sub-Saharan Africa. In some of the sparsely populated regions where shifting cultivation takes place in Africa, most of the work is done by women. This favoured polygamous marriages in which men sought to monopolize the production of women "who are valued both as workers and as child bearers. Goody however, observes that the correlation is imperfect. He also discusses more male dominated but relatively extensive farming systems such as those that exist in much of West Africa, in particular the tribes of Northern Ghana on which his African studies often focused, where polygyny is desired more for the creation of sons whose labor is valued. "[18][19]
Goody's observation regarding African male farming systems is discussed and supported by anthropologists Douglas R. White and Michael L. Burton in in "Causes of Polygyny: Ecology, Economy, Kinship, and Warfare" [20] where authors note: "Goody (1973) argues against the female contributions hypothesis. He notes Dorjahn's (1959) comparison of East and West Africa, showing higher female agricultural contributions in East Africa and higher polygyny rates in West Africa, especially in the West African savannah, where one finds especially high male agricultural contributions. Goody says, "The reasons behind polygyny are sexual and reproductive rather than economic and productive" (1973:189), arguing that men marry polygynously to maximize their fertility and to obtain large households containing many young dependent males."[21]
Types[edit]
Polygynous marriages can be distinguished between sororal polygyny, in which the co-wives are sisters, and non-sororal, where the co-wives are not related. For men, the benefits of polygyny are that it allows them to have more children, may provide them with more productive workers (where workers are family), and allows them to establish politically useful ties with a greater number of kin groups. Polygyny is also associated with a greater age gap between husbands and wives, as men must marry younger girls for their second wives. This leaves younger men without wives for longer periods.[22]
Polygyny may also result from the practice of levirate marriage. In such cases, the deceased man's heir may inherit his assets and wife; or, more usually, his brothers may marry the widow. This provides support for the widow and her children (usually also members of the brothers' kin group) and maintains the tie between the husband and wives' kin groups. The sororate is like the levirate, in that a widower must marry the sister of his dead wife. The wife's family, in other words, must provide a replacement for her thus maintaining the ties between them. Both levirate and sororate may result in a man having multiple wives.[23]
Some polygynous marriages are same-sex. In some societies such as the Lovedu in South Africa, aristocratic women who can afford to pay bridewealth in cattle can take wives and assume male political roles. Such a marriage could also be considered polyandrous since the main spouse is a woman.[22]
Even in monogamous societies, wealthy and powerful men established enduring relationships, and established separate household for, multiple female partners. This is a form of de facto polygyny that is also referred to as concubinage, or resource polygyny.[24]
Household organization[edit]
Marriage is the moment at which a new household is formed, but different arrangements may occur depending upon the type of marriage. Not all polygamous marriages result in the formation of a single household.
Polygynous matrifocal households[edit]
In many polygynous marriages the husband's wives may live in separate households, often at a great distance. They can thus be described as a "series of linked nuclear families with a 'father' in common."[25] As such, they are similar to the household formations created through divorce and serial monogamy.
Polygynous extended family households[edit]
Polyandry[edit]
Incidence[edit]
Main articles: Polyandry, Polyandry in Tibet and Polyandry in India
Polyandry is a practice wherein a woman has more than one husband at the same time. Polyandry is believed to be more likely in societies with scarce environmental resources, as it is believed to limit human population growth and enhance child survival.[26] It is a rare form of marriage that exists not only among poor families, but also the elite.[27] For example, in the Himalayan Mountains polyandry is related to the scarcity of land; the marriage of all brothers in a family to the same wife allows family land to remain intact and undivided. If every brother married separately and had children, family land would be split into unsustainable small plots. In Europe, this was prevented through the social practice of impartible inheritance (the disinheriting of most siblings, many who went on to become celibate monks and priests).[28]
Types[edit]
Fraternal polyandry was traditionally practiced among nomadic Tibetans in Nepal, parts of China and part of northern India, in which two or more brothers are married to the same wife, with the wife having equal 'sexual access' to them. It is most common in egalitarian societies marked by high male mortality or male absenteeism. It is associated with partible paternity, the cultural belief that a child can have more than one father.[29]
Non-fraternal polyandry occurs when the wives' husbands are unrelated, as among the Nayar of India. In this case, a woman undergoes a ritual marriage before puberty, and he is acknowledged as the father of all her children. She, however, may never cohabit with him, taking multiple lovers instead; these men must acknowledge the paternity of their children (and hence demonstrate that no caste prohibitions have been breeched) by paying the midwife. The women remain in their maternal home, living with their brothers, and property is passed matrilineally.[30] A similar form of matrilineal, de facto polyandry can be found in the institution of walking marriage among the Mosuo of China.
Serial monogamy[edit]
Serial monogamy refers to remarriage after death or divorce, i.e. multiple marriages but only one legal spouse at a time.
Incidence[edit]
Many societies that we consider monogamous in fact allow easy divorce. In many western countries divorce rates approach 50%. Those who remarry do so on average 3 times. Divorce and remarriage can thus result in serial monogamy. This can be interpreted as a form of plural mating, as are those societies dominated by female-headed families in the Caribbean, Mauritius and Brazil where there is frequent rotation of unmarried spouses. In all these account for 16 to 24% of the "monogamous" category.[31]
Matrifocal households[edit]
Serial monogamy creates a new kind of relative, the "ex-". The "ex-wife", for example, remains an active part of her "ex-husband's" life, as they may be tied together by transfers of resources (alimony, child support), or shared child custody. Bob Simpson notes that in the British case, serial monogamy creates an "extended family" - a number of households tied together in this way, including mobile children (Simpson notes, you may have an ex-wife, an ex-brother-in-law, etc., but not an "ex-child"). These "unclear families" do not fit the mould of the monogamous nuclear family. As a series of connected households, they come to resemble the polygynous model of separate households maintained by mothers with children, tied by a male to whom they are married.[32]
Group marriage[edit]
Main article: Group marriage
Group marriage is a marriage wherein the family unit consists of more than two partners, any of whom share parental responsibility for any children arising from the marriage.[33] Group marriage is a form of non-monogamy and polyamory.
Contemporary religious attitudes to polygamy[edit]
Buddhism[edit]
In Buddhism, marriage is not a sacrament. It is purely a secular affair and the monks do not participate in it, though in some sects priests and monks do marry. Hence it receives no religious sanction.[34] Forms of marriage consequently vary from country to country. It is said in the Parabhava Sutta that "a man who is not satisfied with one woman and seeks out other women is on the path to decline". Other fragments in the Buddhist scripture can be found that seem to treat polygamy unfavorably, leading some authors to conclude that Buddhism generally does not approve of it[35] or alternatively that it is a tolerated, but subordinate marital model.[36]
Until 2010 polygyny was legally recognized in Thailand. In Burma, polygyny was also frequent. In Sri Lanka, polyandry was practiced (though not widespread) until recent times.[34] When the Buddhist texts were translated into Chinese, the concubines of others were added to the list of inappropriate partners. Polyandry in Tibet as well was common traditionally, as was polygyny, and having several wives or husbands was never regarded as having sex with inappropriate partners.[37] Tibet is home to the largest and most flourishing polyandrous community in the world today. Most typically, fraternal polyandry is practiced, but sometimes father and son have a common wife, which is a unique family structure in the world. Other forms of marriage are also present, like group marriage and monogamous marriage.[38] Polyandry (especially fraternal polyandry) is also common among Buddhists in Bhutan, Ladakh, and other parts of the Indian subcontinent.
Celtic traditions[edit]
Some pre-Christian Celtic pagans were known to practice polygamy, although the Celtic peoples wavered between it, monogamy and polyandry depending on the time period and area.[39] In some areas this continued on even after Christianisation began, for instance the Brehon Laws of Gaelic Ireland explicitly allowed for polygamy,[40][41] especially amongst the noble class.[42] Some modern Celtic pagan religions accept the practice of polygamy to varying degrees,[43] though how widespread the practice is within these religions is unknown.
Christianity[edit]
Main article: Polygamy in Christianity
The Bible states in the New Testament that polygamy should not be practiced [by certain church leaders]. 1 Timothy states that certain Church leaders should have but one wife: "A bishop then must be blameless, the husband of one wife, vigilant, sober, of good behavior, given to hospitality, apt to teach" (chapter 3, verse 2; see also verse 12 regarding deacons having only one wife). Similar counsel is repeated in the first chapter of the Epistle to Titus. 1 Corinthians (chapter 7, verse 2) also writes, "Nevertheless, to avoid fornication, let every man have his own wife, and let every woman have her own husband."[44]
Periodically, Christian reform movements that have aimed at rebuilding Christian doctrine based on the Bible alone (sola scriptura) have at least temporarily accepted polygyny as a Biblical practice. For example, during the Protestant Reformation, in a document referred to simply as "Der Beichtrat" (or "The Confessional Advice" ),[45] Martin Luther granted the Landgrave Philip of Hesse, who, for many years, had been living "constantly in a state of adultery and fornication,"[46] a dispensation to take a second wife. The double marriage was to be done in secret, however, to avoid public scandal.[47] Some fifteen years earlier, in a letter to the Saxon Chancellor Gregor Brück, Luther stated that he could not "forbid a person to marry several wives, for it does not contradict Scripture." ("Ego sane fateor, me non posse prohibere, si quis plures velit uxores ducere, nec repugnat sacris literis.")[48]
"On February 14, 1650, the parliament at Nürnberg decreed that, because so many men were killed during the Thirty Years' War, the churches for the following ten years could not admit any man under the age of 60 into a monastery. Priests and ministers not bound by any monastery were allowed to marry. Lastly, the decree stated that every man was allowed to marry up to ten women. The men were admonished to behave honorably, provide for their wives properly, and prevent animosity among them."[49][50][51][52][53][54]
The trend towards frequent divorce and remarriage is sometimes referred to as 'serial polygamy'.[55] In contrast, others may refer to this as 'serial monogamy', since it is a series of monogamous relationships.[56] The first term highlights the multiplicity of marriages throughout the life-cycle, the second the non-simultaneous nature of these marriages.
In Sub-Saharan Africa, there has often been a tension between the Christian churches' insistence on monogamy and traditional polygamy. In some instances in recent times there have been moves for accommodation; in other instances, churches have resisted such moves strongly. African Independent Churches have sometimes referred to those parts of the Old Testament that describe polygamy in defending the practice.
Roman Catholic Church[edit]
The Roman Catholic Church condemns polygamy; the Catechism of the Catholic Church lists it in paragraph 2387 under the head "Other offenses against the dignity of marriage" and states that it "is not in accord with the moral law." Also in paragraph 1645 under the head "The Goods and Requirements of Conjugal Love" states "The unity of marriage, distinctly recognized by our Lord, is made clear in the equal personal dignity which must be accorded to husband and wife in mutual and unreserved affection. Polygamy is contrary to conjugal love which is undivided and exclusive."
Saint Augustine saw a conflict with Old Testament polygamy. He refrained from judging the patriarchs, but did not deduce from their practice the ongoing acceptability of polygyny. On the contrary, he argued that the polygamy of the Fathers, which was tolerated by the Creator because of fertility, was a diversion from His original plan for human marriage. Augustine wrote: That the good purpose of marriage, however, is better promoted by one husband with one wife, than by a husband with several wives, is shown plainly enough by the very first union of a married pair, which was made by the Divine Being Himself.[57]
Augustine taught that the reason patriarchs had many wives was not because of fornication, but because they wanted more children. He supported his premise by showing that their marriages, in which husband was the head, were arranged according to the rules of good management: those who are in command (quae principantur) in their society were always singular, while subordinates (subiecta) were multiple. He gave two examples of such relationships: dominus-servus - master-servant (in older translation: slave) and God-soul. The Bible often equates worshiping multiple gods, i.e. idolatry to fornication.[58] Augustine relates to that: On this account there is no True God of souls, save One: but one soul by means of many false gods may commit fornication, but not be made fruitful.[59]
As tribal populations grew, fertility was no longer a valid justification of polygamy: it was lawful among the ancient fathers: whether it be lawful now also, I would not hastily pronounce (utrum et nunc fas sit, non temere dixerim). For there is not now necessity of begetting children, as there then was, when, even when wives bear children, it was allowed, in order to a more numerous posterity, to marry other wives in addition, which now is certainly not lawful."[60]
Augustine saw marriage as a non-sacrament-friendly covenant between one man and one woman, which may not be broken. It was the Creator who established monogamy: Therefore the first natural bond of human society is man and wife.[61] Such marriage was confirmed by the Saviour in the Gospel of Matthew (Mat 19,9) and by His presence at the wedding in Cana (John 2:2).[62] In the Church—the City of God—marriage is a sacrament and may not and cannot be dissolved as long as the spouses live: But a marriage once for all entered upon in the City of our God, where, even from the first union of the two, the man and the woman, marriage bears a certain sacramental character, can in no way be dissolved but by the death of one of them..[63] In chapter 7, Augustine pointed out that the Roman Empire forbad polygamy, even if the reason of fertility would support it: For it is in a man's power to put away a wife that is barren, and marry one of whom to have children. And yet it is not allowed; and now indeed in our times, and after the usage of Rome (nostris quidem iam temporibus ac more Romano), neither to marry in addition, so as to have more than one wife living. Further on he notices that the Church's attitude goes much further than the secular law regarding monogamy: It forbids re-marrying, considering such to be a form of fornication: And yet, save in the City of our God, in His Holy Mount, the case is not such with the wife. But, that the laws of the Gentiles are otherwise, who is there that knows not .[64]
In modern times a minority of Roman Catholic theologians have argued that polygamy, though not ideal, can be a legitimate form of Christian marriage in certain regions, in particular Africa.[65][66] The Roman Catholic Church teaches in its Catechism that
"polygamy is not in accord with the moral law. [Conjugal] communion is radically contradicted by polygamy; this, in fact, directly negates the plan of God that was revealed from the beginning, because it is contrary to the equal personal dignity of men and women who in matrimony give themselves with a love that is total and therefore unique and exclusive."[67]
The illegality of polygamy in certain areas creates, according to certain Bible passages, additional arguments against it. Paul of Tarsus writes "submit to the authorities, not only because of possible punishment but also because of conscience" (Romans 13:5), for "the authorities that exist have been established by God." (Romans 13:1) St Peter concurs when he says to "submit yourselves for the Lord's sake to every authority instituted among men: whether to the king, as the supreme authority, or to governors, who are sent by him to punish those who do wrong and to commend those who do right." (1 Peter 2:13,14) Pro-polygamists argue that, as long as polygamists currently do not obtain legal marriage licenses nor seek "common law marriage status" for additional spouses, no enforced laws are being broken any more than when monogamous couples similarly co-habitate without a marriage license.[68]
Latter Day Saint Movement[edit]
Mormonism and polygamy
The Family of Joseph F. Smith
A Mormon polygamist family in 1888.
Background[show]
Current state of polygamy[show]
Prominent practitioners[show]
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Related case law[show]
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Main article: Mormonism and polygamy
See also: List of Latter Day Saint practitioners of plural marriage
The history of Mormonism and polygamy (specifically polygyny) began with Joseph Smith, who stated he received a revelation on July 17, 1831 that "plural marriage" should be practiced by some Mormon men who were specifically commanded to do so. This was later published in the Doctrine and Covenants by The Church of Jesus Christ of Latter-day Saints (LDS Church).[69] Despite Smith's revelation, the 1835 edition of the 101st Section of the Doctrine and Covenants, written after the doctrine of plural marriage began to be practiced, publicly condemned polygamy. This scripture was used by John Taylor in 1850 to quash Mormon polygamy rumors in Liverpool, England.[70] Polygamy was made illegal in the state of Illinois[71] during the 1839–44 Nauvoo era when several top Mormon leaders, including Smith,[72][73] Brigham Young and Heber C. Kimball took multiple wives. Mormon elders who publicly taught that all men were commanded to enter plural marriage were subject to harsh discipline.[74] On June 7, 1844 the Nauvoo Expositor criticized Smith for plural marriage.
The Church of Jesus Christ of Latter-day Saints (LDS Church)[edit]
After Joseph Smith was killed by a mob on June 27, 1844, the main body of Latter Day Saints left Nauvoo and followed Brigham Young to Utah where the practice of plural marriage continued.[75] In 1852 Brigham Young, the second president of the LDS Church, publicly acknowledged the practice of plural marriage through a sermon he gave. Additional sermons by top Mormon leaders on the virtues of polygamy followed.[76]:128 Controversy followed when polygamy became a social cause, writers began to publish works condemning polygamy. The key plank of the Republican Party's 1856 platform was "to prohibit in the territories those twin relics of barbarism, polygamy and slavery".[77] In 1862, Congress issued the Morrill Anti-Bigamy Act which clarified that the practice of polygamy was illegal in all US territories. The LDS Church believed that their religiously based practice of plural marriage was protected by the United States Constitution,[78] however, the unanimous 1878 Supreme Court decision Reynolds v. United States declared that polygamy was not protected by the Constitution, based on the longstanding legal principle that "laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices."[79]
Increasingly harsh anti-polygamy legislation in the US led some Mormons to emigrate to Canada and Mexico. In 1890, LDS Church president Wilford Woodruff issued a public declaration (the Manifesto) announcing that the LDS Church had discontinued new plural marriages. Anti-Mormon sentiment waned, as did opposition to statehood for Utah. The Smoot Hearings in 1904, which documented that the LDS Church was still practicing polygamy spurred the LDS Church to issue a Second Manifesto again claiming that it had ceased performing new plural marriages. By 1910 the LDS Church excommunicated those who entered into, or performed, new plural marriages. Even so, many plural husbands and wives continued to cohabit until their deaths in the 1940s and 1950s.[80]
Enforcement of the 1890 Manifesto caused various splinter groups to leave the LDS Church in order to continue the practice of plural marriage.[81] Polygamy among these groups persists today in Utah and neighboring states as well as in the spin-off colonies. Polygamist churches of Mormon origin are often referred to as "Mormon fundamentalist" even though they are not a part of the LDS Church. Such fundamentalists often use a purported 1886 revelation to John Taylor as the basis for their authority to continue the practice of plural marriage.[82] The Salt Lake Tribune stated in 2005 there were as many as 37,000 fundamentalists with less than half of them living in polygamous households.[83]
On December 13, 2013, US Federal Judge Clark Waddoups ruled in Brown v. Buhman that the portions of Utah's anti-polygamy laws which prohibit multiple cohabitation were unconstitutional, but also allowed Utah to maintain its ban on multiple marriage licenses.[84][85][86][87] Unlawful cohabitation, where prosecutors did not need to prove that a marriage ceremony had taken place (only that a couple had lived together), had been the primary tool used to prosecute polygamy in Utah since the 1882 Edmunds Act.[80]
Mormon fundamentalism[edit]
The Council of Friends (also known as the Woolley Group and the Priesthood Council)[88][89] was one of the original expressions of Mormon fundamentalism, having its origins in the teachings of Lorin C. Woolley, a dairy farmer excommunicated from the LDS Church in 1924. Several Mormon fundamentalist groups claim lineage through the Council of Friends, including but not limited to, the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS Church), the Apostolic United Brethren, the Centennial Park group, the Latter Day Church of Christ, and the Righteous Branch of the Church of Jesus Christ of Latter-day Saints.
Community of Christ[edit]
The Community of Christ, known as the Reorganized Church of Jesus Christ of Latter Day Saints (RLDS Church) prior to 2001, has never sanctioned polygamy since its foundation in 1872. Joseph Smith III, the first Prophet-President of the RLDS Church following the Reorganized of the church, was an ardent opponent of the practice of plural marriage throughout his life. For most of his career, Smith denied that his father had been involved in the practice and insisted that it had originated with Brigham Young. Smith served many missions to the western United States where he met with and interviewed associates and women claiming to be widows of his father, who attempted to present him with evidence to the contrary. In the end, Smith concluded that he was "not positive nor sure that [his father] was innocent"[90] and that if, indeed, the elder Smith had been involved, it was still a false practice. However, many members of the Community of Christ, and some of the groups that were formerly associated with it are still not convinced that Joseph Smith III's father did indeed engage in plural marriage, and feel that the evidence that he did so is largely flawed.[91][92]
Hinduism[edit]
The Rig Veda mentions that during the Vedic period, a man could have more than one wife.[93] The practice is attested in epics like Ramayana and Mahabharata. The Dharmashastras permit a man to marry women of lower castes provided that the first wife was of equal caste. Despite its existence, it was most usually practiced by men of higher castes and higher status. Common people were only allowed a second marriage if the first wife could not bear a son.[94]
According to Vishnu Smriti, the number of wives is linked to the caste system:
Now a Brāhmaṇa may take four wives in the direct order of the (four) castes;
A Kshatriya, three;.
A Vaishya, two
A Shudra, one only[95]
This linkage of permissibe number of wives to the caste system is also supported by Baudhayana Dharmasutra and Paraskara Grihyasutra.[96][97]
The Apastamba Dharmasutra and Manusmriti allow a second wife if the first one is unable to discharge her religious duties or is unable to bear a son.[96]
For a Brahmana, only one wife could rank as the chief consort who performed the religious rites (dharma-patni) along with the husband. The chief consort had to be of an equal caste. If a man married several women from the same caste, then eldest wife is the chief consort.[98] Hindu kings commonly had more than one wife and are regularly attributed four wives by the scriptures. They were: Mahisi who was the chief consort, Parivrkti who had no son, Vaivata who is considered to be the favorite wife and the Palagali who was the daughter of the last of the court officials.[93]
The other practice though not well documented is polyandry, where a woman marries more than one man. Draupadi in the epic Mahabharat had 5 husbands - the Pandavas.
In the post-Vedic periods, polygamy declined in Hinduism, and is now considered immoral.[99] Traditional Hindu law allowed polygamy if the first wife could not bear a son.[100]
The Hindu Marriage Act was enacted in 1955 by the Indian Parliament and made polygamy in any form illegal in India. Prior to 1955, polygamy was permitted for Indian Hindus. Marriage laws in India are dependent upon the religion of the parties in question. The terms under the Hindu Marriage Act, 1954 has deemed polygamy to be illegal for Hindus.[101]
Islam[edit]
Main article: Polygyny in Islam
Azim Azimzade. "The old wife and the new one". 1935
In Islam, polygyny is allowed upon the condition that the husband treats all his wives equally and also the Sharia law allows a man to have at most four wives at any time. This is based on verse 4:3 of Quran which says:
If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice.
—Qur'an, Sura 4 (An-Nisa), Ayah 3[102]
The verse 4:129 also cautions men against polygyny and has been cited as an implicit prohibition of polygyny in Quran by some.:[103]
Ye are never able to be fair and just as between women, even if it is your ardent desire.
—Qur'an, Sura 4 (An-Nisa), Ayah 129[104]
Muhammad had a total of nine wives, but not all at the same time, depending on the sources in his lifetime. He had nine wives at the time of his death. The Qur'an clearly states that men who choose this route must deal with their wives justly. If the husband fears that he cannot deal with his wives justly, then he should only marry one. The Qur'an does not give preference in marrying more than one wife but allows it to make it easier on a woman who has no support. A husband does not have to have permission from his first wife.[105] However, the wife can set a condition, before marriage, that the husband cannot marry another woman during their marriage. In such a case, the husband cannot marry another woman as long as he is married to his wife.[106]
Women, on the other hand, are only allowed to marry one husband, although they are allowed to remarry after a divorce. Although many Muslim countries still retain traditional Islamic law that permits polygyny, secular elements within some Muslim societies challenge its acceptability. Polygyny is prohibited by law in some Muslim-majority countries that have not adopted Islamic law for marital regulations, such as Azerbaijan, Tunisia and Turkey.
Polygyny, and laws concerning polygyny, differ greatly throughout the Islamic world and form a very complex and diverse background from nation to nation. Whereas in some Muslim countries it may be fairly common, in most others it is often rare or non-existent. According to traditional Islamic law, a man may take up to four wives, and each of those wives must have her own property, assets, and dowry. Usually the wives have little to no contact with each other and lead separate, individual lives in their own houses, and sometimes in different cities, though they all share the same husband.
In the modern Islamic world, polygyny is found in Saudi Arabia, and West and East Africa; in Sudan it was encouraged by the President Omar al-Bashir in 2001 to increase the population.[107] Among the 22 member states of the Arab League, Tunisia alone explicitly prohibits polygyny which it banned in 1956;[108] however, it is generally frowned upon in many of the more secularized Arab states, such as Egypt.[citation needed] In Iran, polygyny was common in the past, but today it is not widely practiced and people, especially new generations, don't have good attitude toward it; however, it is not banned legally. Few other countries including Libya and Morocco require the written permission of the first wife if her husband wishes to marry a second, third, or fourth wife.
Judaism[edit]
See also: Pilegesh
The Torah, Judaism's central text, includes a few specific regulations on the practice of polygamy,[109] such as Exodus 21:10: "If he take another wife for himself; her food, her clothing, and her duty of marriage, shall he not diminish".[110] Deuteronomy 21:15–17, states that a man must award the inheritance due to a first-born son to the son who was actually born first, even if he hates that son's mother and likes another wife more;[111] and Deuteronomy 17:17 states that the king shall not have too many wives.[112] The king's behavior is condemned by Prophet Samuel in 1 Samuel 8. (The understanding of the Jewish perspective on co-wives may also be derived from the Hebrew word for co-wife found in the Tanakh, "צרה" [Tza'rah], which forms the same root as the Yiddush word, "צרות" [Tzoo'rus], meaning "trouble".) It is important to note, as explained by Israeli lexicographer Vadim Cherny, that the Torah carefully distinguishes concubines and "sub-standard" wives with prefix "to" (lit. "took to wives").[113] Despite these nuances to the biblical perspective on polygamy, many important figures had more than one wife, such as in the instances of Esau (Gen 26:34; 28:6-9),[110] Moses (Ex 2:21;Num 12:1),[110] Jacob (Gen 29:15-28),[110] Elkanah (1 Samuel 1:1-8),[110] David (1 Samuel 25:39-44; 2 Samuel 3:2-5; 5:13-16),[110] and Solomon (1 Kings 11:1-3).[110]
Multiple marriage was considered a realistic alternative in the case of famine, widowhood, or female infertility[114] like in the practice of levirate marriage, wherein a man was required to marry and support his deceased brother's widow, as mandated by Deuteronomy 25:5–10. Despite its prevalence in the Hebrew bible, scholars do not believe that polygyny was commonly practiced in the biblical era because it required a significant amount of wealth.[115] Michael Coogan, in contrast, states that "Polygyny continued to be practised well into the biblical period, and it is attested among Jews as late as the second century CE."[116]
The monogamy of the Roman Empire was the cause of two explanatory notes in the writings of Josephus describing how the polygamous marriages of Herod were permitted under Jewish custom.[117]
The Rabbinical era that began with the destruction of the second temple in Jerusalem in 70 CE saw a continuation of some degree of legal acceptance for polygamy. In the Babylonian Talmud (BT), Kiddushin 7a, its states, "Raba said: [If a man declares,] 'Be thou betrothed to half of me,' she is betrothed: 'half of thee be betrothed to me,' she is not betrothed."[118] The BT during a discussion of Levirate marriage in Yevamot 65a appears to repeat the precedent found in Exodus 21:10: "Raba said: a man may marry wives in addition to the first wife; provided only that he possesses the means to maintain them."[119] The Jewish Codices began a process of restricting polygamy in Judaism. The Rambam's Mishneh Torah, while maintaining the right to multiple spouses, and the requirement to provide fully for each as indicated in previously cited sources, went further: "He may not, however, compel his wives to live in the same courtyard. Instead, each one is entitled to her own household."[120] Finally, the most authoritative codex, the Shulchan Aruch, builds on all of the previous works by adding further nuances: "…but in any event, our sages have advised well not to marry more than four wives, in order that he can meet their conjugal needs at least once a month. And in a place where it is customary to marry only one wife, he is not permitted to take another wife on top of his present wife."[121] As can be seen, while the tradition of the Rabbinic period began with providing legal definition for the practice of polygamy (although this does not indicate the frequency with which polygamy in fact occurred) that corresponded to precedents in the tanakh, by the time of the Codices the Rabbis had greatly reduced or eliminated sanction of the practice.
Most notable in the Rabbinic period on the issue of polygamy, though more specifically for Ashkenazi Jews, was the synod of Rabbeinu Gershom. About 1000 CE he called a synod which decided the following particulars: (1) prohibition of polygamy; (2) necessity of obtaining the consent of both parties to a divorce; (3) modification of the rules concerning those who became apostates under compulsion; (4) prohibition against opening correspondence addressed to another.[citation needed] These prohibitions remained in force for one thousand years.
In the modern day, polygamy is almost nonexistent in Rabbinic Judaism.[122] Ashkenazi Jews have continued to follow Rabbenu Gershom's ban since the 11th century.[123] Some Sephardi and Mizrahi Jews (particularly those from North Africa, Yemen, Kurdistan, and Iran) discontinued polygamy much more recently, as they emigrated to countries where it was forbidden.[citation needed]However polygamy may still occur in non-European Jewish communities that exist in countries where it is not forbidden, such as Jewish communities in Yemen and the Arab world.[citation needed] Because of the Jewish exodus from Arab and Muslim countries, in the first decade of the 21st century there were only some 4,500 Jews left in the Arab world and in 2012 only 8,756 in Iran, with few young people among them.[citation needed]
Among Karaite Jews, who do not adhere to Rabbinic interpretations of the Torah, polygamy is almost non-existent today. Like other Jews, Karaites interpret Leviticus 18:18 to mean that a man can only take a second wife if his first wife gives her consent (Keter Torah on Leviticus, pp. 96–97) and Karaites interpret Exodus 21:10 to mean that a man can only take a second wife if he is capable of maintaining the same level of marital duties due to his first wife; the marital duties are 1) food, 2) clothing, and 3) sexual gratification. Because of these two biblical limitations and because most countries outlaw it, polygamy is considered highly impractical, and there are only a few known cases of it among Karaite Jews today.
Israel has made polygamy illegal.[124][125] Provisions were instituted to allow for existing polygamous families immigrating from countries where the practice was legal. Furthermore, former chief rabbi Ovadia Yosef[126] has come out in favor of legalizing polygamy and the practice of pilegesh (concubine) by the Israeli government.
Tzvi Zohar, a professor from the Bar-Ilan University, recently suggested that based on the opinions of leading halachic authorities, the concept of concubines may serve as a practical Halachic justification for premarital or non-marital cohabitation.[127][128]
Criticism[edit]
Refuting allegations that polygamy helps reduce the rate of poverty among struggling widows and orphans,[129] a medical study conducted by the Croatian Medical Journal in African nations that legalized the practice found the odds are more likely that families of men having the right to marry multiple wives will conceive more children for whom it would cost more to provide.[129] The study also noted that the temptation for sexual intercourse that has often come with polygamy, regardless of whether a man has multiple wives or vice versa, has been a major contributor to the HIV/AIDS epidemic in Africa as well.[129]
Also, a 2012 study from the University of British Columbia shows that, in polygamist cultures, "the intra-sexual competition that occurs causes greater levels of crime, violence, poverty and gender inequality than in societies that institutionalize and practice monogamous marriage".[130]
A 2013 study of Nigerian students, published in the International Journal of Psychology and Counselling, showed that "there is a significant difference in the overall academic achievement of students from monogamous families and those from polygamous families" and "that life in polygamous family can be traumatic and children brought up in such family structure often suffer some emotional problems such as lack of warmth, love despite availability of money and material resources, and disciplinary problems which may hinder their academic performance."[131]
A study of Bedouin-Arab women found that "Women in polygamous marriages showed significantly higher psychological distress, and higher levels of somatisation, phobia and other psychological problems. They also had significantly more problems in family functioning, marital relationships and life satisfaction".[132]
In "An Evolutionary and Rawlsian Evaluation of Polygamy," Michael Shindler, the Editor-in-Chief of The Apollonian Revolt argues that polygamy is an unjust social arrangement for the reason that "behind the Rawlsian ‘veil,’ none of the designers know who they will be once it is lifted and therefore, they will endeavor to make the choice that puts those who are worst off in a position that all [the designers behind Rawls' veil of ignorance] agree is, at the very least, acceptable. Knowing that humans by their very nature are, by and large, driven towards carnal and romantic fulfillment and that lacking such fulfillment, commonly encounter great sorrow, the designers behind the veil must choose against the institutionalization of polygamy because its investiture would necessarily thrust a sizeable portion of the population into an unacceptable arrangement." [133]
Legalization[edit]
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United States[edit]
Polygamy is currently illegal in the United States. On December 13, 2013, a federal judge, spurred by the American Civil Liberties Union and other groups,[134] struck down the parts of Utah's bigamy law that criminalized cohabitation,[135] while also acknowledging that the state may still enforce bans on having multiple marriage licenses.[135]
In the U.S., the Libertarian Party supports complete decriminalization of polygamy as part of a general belief that the government should not regulate marriages.[136] Individualist feminism and advocates such as Wendy McElroy and journalist Jillian Keenan also support the freedom for adults to voluntarily enter polygamous marriages.[137][138]
In an October 2004 op-ed for USA Today, George Washington University law professor Jonathan Turley "argued that, as a simple matter of equal treatment under law, polygamy ought to be legal. Acknowledging that underage girls are sometimes coerced into polygamous marriages, Turley replied that banning polygamy is no more a solution to child abuse than banning marriage would be a solution to spousal abuse."[139]
In January 2015, Pastor Neil Patrick Carrick of Detroit Michigan brought a case Carrick v. Snyder against Michigan that the states ban of polygamy violates the Free Exercise and Equal Protection Clause of the U.S. Constitution.[140][141]
There is another, more "conservative" case for polygamy, too: "By legitimizing polygamy and allowing its practitioners to join mainstream society, we can monitor and regulate the practice, thereby reducing any problems. On Big Love, for example, one polygamous wife won't visit a hospital for fear of alerting the authorities. Legalize polygamy, the argument goes, and marriage and divorce law will protect polygamous wives, instead of scaring them into hiding."[139]
Stanley Kurtz, a fellow at the Hudson Institute, however, lamented the modern arguments made by intellectuals calling for de-criminalizing polygamy. Kurtz concluded, "Marriage, as its ultramodern critics would like to say, is indeed about choosing one's partner, and about freedom in a society that values freedom. But that's not the only thing it is about. As the Supreme Court justices who unanimously decided Reynolds in 1878 understood, marriage is also about sustaining the conditions in which freedom can thrive. Polygamy in all its forms is a recipe for social structures that inhibit and ultimately undermine social freedom and democracy. A hard-won lesson of Western history is that genuine democratic self-rule begins at the hearth of the monogamous family."[139]
See also[edit]
Hypergamy
Conflict of marriage laws#Polygamy
More danico
Promiscuity
Swinging (sexual practice)
Ménage à trois
List of polygamy court cases
Notes[edit]
1.Jump up ^ For the extent to which states can and do recognize potentially and actual polygamous forms as valid, see Marriage (conflict).
References[edit]
1.Jump up ^ "polygamy". Online Etymology Dictionary.
2.Jump up ^ πολυγαμία. Liddell, Henry George; Scott, Robert; A Greek–English Lexicon at the Perseus Project.
3.Jump up ^ "Dictionary of Standard Modern Greek" (in Greek). Center for the Greek Language. |chapter= ignored (help)
4.Jump up ^ Babiniotis, Georgios (2002). "s.v. πολυγαμία". Dictionary of Modern Greek (in Greek). Lexicology Centre.
5.Jump up ^ http://www.scienceofrelationships.com/home/2012/8/17/opening-up-challenging-myths-about-consensual-non-monogamy.html
6.^ Jump up to: a b Zeitzen, Miriam Koktvedgaard (2008). Polygamy: a cross-cultural analysis. Berg. p. 3. ISBN 1-84520-220-1.
7.Jump up ^ http://www.ejhs.org/volume6/polyamory.htm
8.Jump up ^ Ethnographic Atlas Codebook derived from George P. Murdock's Ethnographic Atlas recording the marital composition of 1231 societies from 1960 to 1980.
9.Jump up ^ Diouf, Nafi (May 2, 2004). "Polygamy hangs on in Africa". The Milwaukee Journal Sentinel.
10.Jump up ^ Zeitzen, Miriam Koktvedgaard (2008). Polygamy: A Cross-Cultural Analysis. Oxford: Berg. p. 5.
11.Jump up ^ "Equality of Rights Between Men and Women". University of Minnesota Human Rights Library.
12.Jump up ^ "GENERAL COMMENTS ADOPTED BY THE HUMAN RIGHTS COMMITTEE UNDER ARTICLE 40, PARAGRAPH 4, OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS". United Nations Human Rights Website.
13.Jump up ^ "OHCHR report" (PDF). Office of the High Commissioner for Human Rights.
14.Jump up ^ "POLYGYNY AS A VIOLATION OF INTERNATIONAL HUMAN RIGHTS LAW". Department of Justice, Government of Canada.
15.Jump up ^ "Report of the Human Rights Committee" (PDF). United Nations General Assembly.
16.Jump up ^ Zeitzen, Miriam K. (2008). Polygamy: A Cross-Cultural Analysis. Oxford: Berg. pp. 3–17.
17.Jump up ^ Goody, Jack (1976). Production and Reproduction: A Comparative Study of the Domestic Domain. Cambridge: Cambridge University Press. pp. 27–9.
18.Jump up ^ Goody, Jack (1976). Production and Reproduction: A Comparative Study of the Domestic Domain. Cambridge: Cambridge University Press. pp. 32–3.
19.Jump up ^ Goody, Jack. Polygyny, Economy and the Role of Women. In The Character of Kinship. London: Cambridge University Press, 1973,p.175-190.
20.Jump up ^ White, Douglas and Burton, Michael. Causes of Polygyny: Ecology, Economy, Kinship, and Warfare. American Anthropologist, Volume 90, Issue 4, pages 871–887, December 1988, p. 884. print.
21.Jump up ^ White, Douglas and Burton, Michael. Causes of Polygyny: Ecology, Economy, Kinship, and Warfare. American Anthropologist, Volume 90, Issue 4, pages 871–887, December 1988, p.873. print.
22.^ Jump up to: a b Zeitzen, Miriam K. (2008). Polygamy: A Cross-Cultural Analysis. Oxford: Berg. p. 9.
23.Jump up ^ Zeitzen, Miriam K. (2008). Polygamy: A Cross-Cultural Analysis. Oxford: Berg. pp. 10–11.
24.Jump up ^ Herlihy, David (1984). McNetting, Robert, Richard Will & Eric Arnould, ed. Households: Comparative and Historical Studies of the Domestic Group. Berkeley: University of California Press. pp. 393–5.
25.Jump up ^ Fox, Robin (1967). Kinship and Marriage. Harmondsworth, UK: Penguin Books. p. 39.
26.Jump up ^ (Linda Stone, Kinship and Gender, 2006, Westview, 3rd ed, ch 6) The Center for Research on Tibet Papers on Tibetan Marriage and Polyandry. Accessed: October 1, 2006
27.Jump up ^ Goldstein, Pahari and Tibetan Polyandry Revisited, Ethnology. 17(3): 325–327, 1978, from The Center for Research on Tibet. Accessed: October 1, 2007
28.Jump up ^ Levine, Nancy (1998). The Dynamics of polyandry: kinship, domesticity, and population on the Tibetan border. Chicago: University of Chicago Press.
29.Jump up ^ Starkweather, Katherine; Raymond Hames (2012). A Survey of Non-Classical Polyandry 23 (2): 150. Missing or empty |title= (help)
30.Jump up ^ Gough, E. Kathleen (1959). "The Nayars and the Definition of Marriage". Royal Anthropological Institute of Great Britain and Ireland: 89:23–34.
31.Jump up ^ Fox, Robin (1997). Reproduction & Succession: Studies in Anthropology, Law and Society. New Brunswick, NJ: Transaction Publishers. p. 34.
32.Jump up ^ Simpson, Bob (1998). Changing Families: An Ethnographic Approach to Divorce and Separation. Oxford: Berg.
33.Jump up ^ Constantine, Larry L. (1974). Group Marriage;: A Study of Contemporary Multilateral Marriage. Collier Books. ISBN 978-0020759102.
34.^ Jump up to: a b "Accesstoinsight.org". Accesstoinsight.org. Retrieved 2011-09-13.
35.Jump up ^ The Ethics of Buddhism, Shundō Tachibana, Routledge, 1992, ISBN 0-7007-0230-X, 9780700702305
36.Jump up ^ An introduction to Buddhist ethics: foundations, values, and issues, Brian Peter Harvey, Cambridge University Press, 2000, ISBN 0-521-55640-6, ISBN 978-0-521-55640-8
37.Jump up ^ "Berzinarchives.com". Berzinarchives.com. 2010-10-07. Retrieved 2011-09-13.
38.Jump up ^ Polygamy: a cross-cultural analysis, Miriam Koktvedgaard Zeitze, Published by Berg Publishers, 2008, ISB 1-84520-220-1, ISBN 978-1-84520-220-0 (as found at Google books)
39.Jump up ^ Jean Markale, Women of the Celts, page 36.[full citation needed]
40.Jump up ^ Jan Fries, Couldron of the Gods, page 192.[full citation needed]
41.Jump up ^ Seán Duffy, Medieval Ireland, An Encyclopedia, page 74.[full citation needed]
42.Jump up ^ Paul F State, A brief history of Ireland, page 17.[full citation needed]
43.Jump up ^ Fox, Martin and O'Ciarrai, Breandan. "Céard is Sinnsreachd Ann? (What Is Sinnsreachd?)", Tuath na Ciarraide, March 7, 2007. Retrieved on July 27, 2012.
44.Jump up ^ The Digital Nestle-Aland lists only one manuscript (P46) as source of the verse, while nine other manuscripts have no such verse, cf. http://nttranscripts.uni-muenster.de/AnaServer?NTtranscripts+0+start.anv
45.Jump up ^ Letter to Philip of Hesse, December 10, 1539, De Wette-Seidemann, 6:238–244
46.Jump up ^ The Life of Luther Written by Himself, p.251. Retrieved 2011-09-13.
47.Jump up ^ James Bowling Mozley Essays, Historical and Theological. 1:403–404 Excerpts from Der Beichtrat. books.google.com
48.Jump up ^ Letter to the Chancellor Gregor Brück, January 13, 1524, De Wette 2:459.
49.Jump up ^ Larry O. Jensen, A Genealogical Handbook of German Research (Rev. Ed., 1980) p. 59.
50.Jump up ^ Joseph Alfred X. Michiels, Secret History of the Austrian Government and of its Systematic Persecutions of Protestants (London: Chapman and Hall, 1859) p. 85 (copy at Google Books), the author stating that he is quoting from a copy of the legislation.
51.Jump up ^ William Walker Rockwell, Die Doppelehe des Landgrafen Philipp von Hessen (Marburg, 1904), p. 280, n. 2 (copy at Google Books), which reports the number of wives allowed was two.
52.Jump up ^ Leonhard Theobald, "Der angebliche Bigamiebeschluß des fränkischen Kreistages" ["The So-called Bigamy Decision of the Franconian Kreistag"], Beitrage zur Bayerischen kirchengeschichte [Contributions to Bavarian Church History] 23 (1916 – bound volume dated 1917) Erlangen: 199–200 (Theobald reporting that the Franconian Kreistag did not hold session between 1645 and 1664, and that there is no record of such a law in the extant archives of Nürnberg, Ansbach, or Bamberg, Theobald believing that the editors of the Fränkisches Archiv must have misunderstood a draft of some other legislation from 1650).
53.Jump up ^ Alfred Altmann, "Verein für Geschichte der Stadt Nürnburg," Jahresbericht über das 43 Vereinsjahr 1920 [Annual Report for the 43rd Year 1920 of the Historical Society of the City of Nuremberg] (Nürnberg 1920): 13–15 (Altmann reporting a lecture he had given discussing the polygamy permission said to have been granted in Nuremberg in 1650, Altmann characterizing the Fränkisches Archiv as "merely a popular journal, not an edition of state documents," and describing the tradition as "a literary fantasy").
54.Jump up ^ See Heinrich Christoph Büttner, Johann Heinrich Keerl, und Johann Bernhard Fischer. Fränkisches Archiv, herausgegeben. I Band. 1790. (at p. 155) (setting forth a 1790 printing of the legislation).
55.Jump up ^ "Emblems of pluralism: cultural differences and the state, Cultural lives of law, Princeton paperbacks,Carol Weisbrod, p. 53, Princeton University Press, 2002, ISBN 0-691-08925-6
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57.Jump up ^ On Marriage and Concupiscence,I,10
58.Jump up ^ Marcus, Joel (April 2006). "Idolatry In The New Testament". Interpretation 60 (2): 152–164. doi:10.1177/002096430606000203. Retrieved 5 October 2012.
59.Jump up ^ Augustine, On the Good of Marriage, ch. 20; cf. On Marriage and Concupiscence,I,10
60.Jump up ^ St. Augustin On the Good of Marriage, ch.17; cf. On Marriage and Concupiscence,I,9.8
61.Jump up ^ On the Good of Marriage, ch.1
62.Jump up ^ On the Good of Marriage, ch.3
63.Jump up ^ On the Good of Marriage, 17
64.Jump up ^ Augustine, On the Good of Marriage, ch. 7
65.Jump up ^ "The Ratzinger report: an exclusive interview on the state of the Church Pope Benedict XVI, Vittorio Messori", p. 195, Ignatius Press, 1985, ISBN 0-89870-080-9
66.Jump up ^ "Morality: The Case for Polygamy", Time Magazine, May 10, 1968, time.com and "Christianity and the African imagination: essays in honour of Adrian Hastings", edited by David Maxwell with Ingrid Lawrie, p. 345-346, Brill, 2002, ISBN 90-04-11668-0
67.Jump up ^ Catholic Cathechism, para. 2387 April 05, 2009, Vatican website
68.Jump up ^ "Law of the Land" page at BiblicalPolygamy.com
69.Jump up ^ Doctrine and Covenants 132 as found at lds.org
70.Jump up ^ Three nights public discussion between the Revds. C. W. Cleeve, James Robertson, and Philip Cater, and Elder John Taylor, Of The Church of Jesus Christ of Latter-day Saints, At Boulogne-Sur-Mer, France. Chairman, Rev. K. Groves, M.A., Assisted By Charles Townley, LL.D., and Mr. Luddy. pp. 8–9
71.Jump up ^ Greiner & Sherman, Revised Laws of Illinois, 1833, pp. 198–199
72.Jump up ^ Todd Compton, "A Trajectory of Plurality: An Overview of Joseph Smith's Thirty-three Plural Wives", Dialogue: A Journal of Mormon Thought, vol. 29, no. 2, pp. 1–38.
73.Jump up ^ Smith, George D (Spring 1994). "Nauvoo Roots of Mormon Polygamy, 1841-46: A Preliminary Demographic Report". Dialogue: A Journal of Mormon Thought 27 (1). Retrieved 2007-05-12.
74.Jump up ^ Times and Seasons, vol. 5, p. 423, February 1, 1844
75.Jump up ^ Main Street Church (2007), Lifting the Veil of Polygamy, Main Street Church — a video presentation concerning the history of Mormon polygamy and its modern manifestations.
76.Jump up ^ Young, Brigham (June 18, 1865), "Personality of God — His Attributes — Eternal Life, etc.", Journal of Discourses 11: 119–128, "Since the founding of the Roman empire monogamy has prevailed more extensively than in times previous to that. The founders of that ancient empire were robbers and women stealers, and made laws favoring monogamy in consequence of the scarcity of women among them, and hence this monogamic system which now prevails throughout Christendom, and which had been so fruitful a source of prostitution and whoredom throughout all the Christian monogamic cities of the Old and New World, until rottenness and decay are at the root of their institutions both national and religious."
77.Jump up ^ GOP Convention of 1856 in Philadelphia from the Independence Hall Association website
78.Jump up ^ "Free Exercise Clause - First Amendment". Caselaw.lp.findlaw.com. Retrieved 2011-09-13.
79.Jump up ^ Reynolds v. United States at findlaw.com
80.^ Jump up to: a b Embry, Jessie L. (1994), "Polygamy", in Powell, Allan Kent, Utah History Encyclopedia, Salt Lake City, Utah: University of Utah Press, ISBN 0874804256, OCLC 30473917
81.Jump up ^ "The Primer" - Helping Victims of Domestic Violence and Child Abuse in Polygamous Communities. A joint report from the offices of the Attorneys General of Arizona and Utah. (2006)
82.Jump up ^ "An 1886 Revelation to John Taylor". Mormonfundamentalism.com. Retrieved 2011-09-13.
83.Jump up ^ Adams, Brooke (August 9, 2005), "LDS splinter groups growing", The Salt Lake Tribune
84.Jump up ^ http://www.scribd.com/doc/191409187/Utah-Polygamy-Decision[unreliable source?]
85.Jump up ^ Schwartz, John (September 14, 2013), "A Law Prohibiting Polygamy is Weakened", New York Times, retrieved 2014-01-13
86.Jump up ^ Mears, Bill (2013-12-14), "'Sister Wives' case: Judge strikes down part of Utah polygamy law", CNN.com (CNN), retrieved 2014-01-13
87.Jump up ^ Stack, Peggy Fletcher (December 14, 2013), "Laws on Mormon polygamists lead to win for plural marriage", The Salt Lake Tribune, retrieved 2014-01-13
88.Jump up ^ Religious Sects, and Cults That Sprang from Mormonism (Salt Lake City: Daughters of Utah Pioneers Central Company, 1942).
89.Jump up ^ Joseph W. Musser, "Factions," Truth 9, no. 24 (September 1943): 94-96.
90.Jump up ^ Launius, Roger D. (Winter 1987), "Methods and Motives: Joseph Smith III's Opposition to Polygamy, 1860-90", Dialogue: A Journal of Mormon Thought 20 (4): 112. University of Utah web site.
91.Jump up ^ "Community of Christ." Britannica Concise Encyclopedia. 2007. Encyclopaedia Britannica Online. 15 June 2007.
92.Jump up ^ http://www.restorationbookstore.org/jsfp-index.htm
93.^ Jump up to: a b Vedic Index of Names and Subjects, Volume 1; Volume 5. p. 478.
94.Jump up ^ "The Illustrated Encyclopedia of Hinduism: N-Z". p. 514.
95.Jump up ^ Vishnu Smriti Chapter 24 Verses 1-4
96.^ Jump up to: a b Life in North-eastern India in Pre-Mauryan times. pp. 39–40.
97.Jump up ^ "The world wakes up to Islam!". p. 301.
98.Jump up ^ Antiquities of India. p. 114.
99.Jump up ^ V.Jayaram (2007-01-09). "Hinduwebsite.com". Hinduwebsite.com. Retrieved 2011-09-13.
100.Jump up ^ Religion and Personal law in secular India: A call to judgment. p. 153.
101.Jump up ^ Marriages-Divorces section at general information website on Indian laws by Sudhir Shah and Associates
102.Jump up ^ Quran 4:3
103.Jump up ^ Modern Muslim societies. p. 35.
104.Jump up ^ Quran 4:129
105.Jump up ^ "IslamWeb". IslamWeb. 2002-02-07. Retrieved 2011-09-13.
106.Jump up ^ "ahlalhdeeth". ahlalhdeeth. 2013-09-12. Retrieved 2011-09-13.
107.Jump up ^ "Omar Hassan al-Bashir, has urged Sudanese men to take more than one wife to increase the population". BBC News. 2001-08-15. Retrieved 2011-09-13.
108.Jump up ^ Maike Voorhoeve (31 January 2013). "Tunisia: Protecting Ben Ali's Feminist Legacy". Think Africa Press. Retrieved 23 January 2015.
109.Jump up ^ Coogan, Michael (October 2010). God and Sex. What the Bible Really Says (1st ed.). New York, Boston: Twelve. Hachette Book Group. p. 79. ISBN 978-0-446-54525-9. OCLC 505927356. Retrieved May 5, 2011.
110.^ Jump up to: a b c d e f g The Jerusalem Bible: The Holy Scriptures. Ed. Harold Fisch. Trans. Fisch. Jerusalem: Koren Publishers Jerusalem LTD., 1980. Print.
111.Jump up ^ Deuteronomy 21:15–17 from mechon-mamre.org
112.Jump up ^ Judaica Press Complete Tanach, Devarim - Chapter 17 from Chabad.org
113.Jump up ^ Women, similar to wives from vadimcherny.org
114.Jump up ^ Freeman, Tzvi. "Chabad.org". Chabad.org. Retrieved 2011-09-13.
115.Jump up ^ Gene McAfee "Sex" The Oxford Companion to the Bible. Bruce M. Metzger and Michael D. Coogan, eds. Oxford University Press Inc. 1993. Oxford Reference Online. Oxford University Press. 19 March 2010.
116.Jump up ^ Coogan, Michael (October 2010). God and Sex. What the Bible Really Says (1st ed.). New York, Boston: Twelve. Hachette Book Group. p. 78. ISBN 978-0-446-54525-9. Retrieved May 5, 2011.
117.Jump up ^ "The Jewish Family: Metaphor and Memory", David Charles Kraemer, p21, Oxford University Press US, 1989, ISBN 0-19-505467-9
118.Jump up ^ Babylonian Talmud: Kiddushin 7a. halakhah.com, n.d. 7a. Web. 25 Oct. 2012
119.Jump up ^ Babylonian Talmud: Yevamot 65a. halakhah.com, n.d. 5a. Web. 25 Oct. 2012
120.Jump up ^ Mishneh Torah: Laws of Matrimoney 14:3. chabad.org, n.d. Web. 25 Oct. 2012. http://www.chabad.org/library/article_cdo/aid/682956/jewish/Mishneh-Torah.htm
121.Jump up ^ Shulkhan Aruch: Even Ha'ezer 1:9 en.wikisource.org, n.d. Web 25 Oct. 2012. http://en.wikisource.org/wiki/Shulchan_Aruch/Even_ha-Ezer/1
122.Jump up ^ http://www.chabad.org/library/article_cdo/aid/558598/jewish/Does-Jewish-Law-Forbid-Polygamy.htm
123.Jump up ^ Judaism and Polygamy: "Originally, Gershom's ban was limited in time to the year 1260", and a man "could marry more than one wife if he obtained the special permission of 100 rabbis in 3 countries". From faqs.org
124.Jump up ^ Eglash, Ruth (2008-10-30). "Israel 2008: State of Polygamy". Fr.jpost.com. Retrieved 2011-09-13.
125.Jump up ^ Aburabia, Sarab. "Victims of polygamy". Haaretz.com. Retrieved 2011-09-13.
126.Jump up ^ Polygamy's Practice Stirs Debate in Israel
127.Jump up ^ Navon, Emmanuel (2006-03-16). "Kosher Sex Without Marriage, a Jerusalem Post article that discusses Jacob Emden's and Tzvi Zohar's views". Jpost.com. Retrieved 2011-09-13.
128.Jump up ^ "Tzvi Zohar's comprehensive academic research on the subject, Akdamot Journal for Jewish Thought 17, 2003, Beit Morasha Press (in Hebrew)" (PDF). Retrieved 2011-09-13.
129.^ Jump up to: a b c Is HIV/AIDS Epidemic Outcome of Poverty in Sub-Saharan Africa Noel Dzimnenani Mbirimtengerenji, Croatian Medical Journal, October 2007 edition, Accessed February 5, 2014
130.Jump up ^ Monogamy reduces major social problems of polygamist cultures. Science Daily. Published: 24 January 2012.
131.Jump up ^ Effects of family type (monogamy or polygamy) on students' academic achievement in Nigeria. International Journal of Psychology and Counselling. Published: October 2013
132.Jump up ^ Al-Krenawi, Alean; Graham, John (January 2006). "A Comparison of Family Functioning, Life and Marital Satisfaction, and Mental Health of Women in Polygamous and Monogamous Marriages". International Journal of Social Psychiatry 52 (1).
133.Jump up ^ Shindler, Michael (2015). "An Evolutionary and Rawlsian Evaluation of Polygamy". The Apollonian Revolt. Retrieved 30 April 2015.
134.Jump up ^ ACLU of Utah to Join Polygamists in Bigamy Fight, 16 July 1999 press release.
135.^ Jump up to: a b "Federal judge declared Utah polygamy law unconstitutional". Salt Lake Tribune. December 13, 2013.
136.Jump up ^ [1]
137.Jump up ^ Korol, Bruce (2009). "Polygamy is a (al)right". Arts & Opinion 8 (3). Reprinted by Wendy McElroy at wendymcelroy.com
138.Jump up ^ Keenan, Jillian (April 15, 2013). "Legalize Polygamy! No. I am not kidding". Slate.
139.^ Jump up to: a b c "Polygamy vs. Democracy". The Weekly Standard. Published: June 5, 2006.
140.Jump up ^ "Carrick v. Snyder et al". Justia Dockets & Filings.
141.Jump up ^ Oralandar Brand-Williams, The Detroit News (13 January 2015). "Minister sues Mich. for right to marry same-sex couples". detroitnews.com.
Bibliography[edit]
Cairncross, John (1974). After Polygamy Was Made a Sin: The Social History of Christian Polygamy. London: Routledge & Kegan Paul.
Chapman, Samuel A. (2001). Polygamy, Bigamy and Human Rights Law. Xlibris Corp. ISBN 1-4010-1244-2.
Hillman, Eugene (1975). Polygamy Reconsidered: African Plural Marriage and the Christian Churches. New York: Orbis Books. ISBN 0-88344-391-0.
Korotayev, Andrey (2004). World Religions and Social Evolution of the Old World Oikumene Civilizations: A Cross-cultural Perspective (First ed.). Lewiston, New York: Edwin Mellen Press. ISBN 0-7734-6310-0.
Van Wagoner, Richard S. (1992). Mormon Polygamy: A History (2nd ed.). Utah: Signature Books. ISBN 0-941214-79-6.
Wilson, E. O. (2000). Sociobiology: The New Synthesis. Harvard Univ Pr. ISBN 0-674-00235-0.
External links[edit]
The dictionary definition of polygamy at Wiktionary
Quotations related to Polygamy at Wikiquote
Works related to Portal:Polygamy at Wikisource
Media related to Polygamy at Wikimedia Commons
The Four Major Periods of Mormon Polygamy, essay by Todd M. Compton, hosted by Signature Books
Polygamy in Africa
History of Polygamy in Judaism
LIFE With Polygamists, 1944 - slideshow by Life magazine
Liberal Feminism and the Ethics of Polygamy, by Simon May, Department of Philosophy, Virginia Tech, Blacksburg, Virginia, US
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Slavery
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"Slave" and "Slaves" redirect here. For a 1969 film, see Slaves (film). For other uses, see Slave (disambiguation).
Slavery
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Slavery is a legal or economic system under which people are treated as property.[1] While laws and systems vary, as property, slaves may be bought and sold. Slaves can be held from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work or to demand compensation.
Slavery existed before written history and in many cultures.[2] It was once institutionally recognized by most societies, but has now been outlawed in all countries,[3][4] the last being Mauritania in 1981. However, it continues through such practices as debt bondage, serfdom, domestic servants kept in captivity, certain adoptions in which children are forced to work as slaves, child soldiers, human trafficking and forced marriage.[5] Accordingly, there are still an estimated 20 million to 36 million slaves worldwide.[6][7][8]
Contents [hide]
1 Terminology
2 Types 2.1 Chattel slavery
2.2 Bonded labor
2.3 Forced labor
2.4 Forced marriage
2.5 Dependent
3 History 3.1 Early history
3.2 Classical antiquity
3.3 Middle Ages 3.3.1 Medieval and Early Modern Europe
3.3.2 Islamic world
3.4 Modern history 3.4.1 Europe
3.4.2 Africa
3.4.3 Asia
3.4.4 Americas
3.4.5 Middle East
4 Present day 4.1 Distribution
4.2 Economics
4.3 Trafficking
4.4 Examples 4.4.1 Asia
4.4.2 South America and Caribbean
4.4.3 Middle East
4.4.4 Africa
5 Abolitionism
6 Remnants of slavery 6.1 Legal actions
7 Economics 7.1 Wage slavery
8 Apologies 8.1 Reparations
9 Other uses of the term
10 In film
11 See also
12 References
13 Bibliography and further reading 13.1 Surveys and reference
14 External links 14.1 Historical
14.2 Modern
Terminology
The English word slave comes from Old French sclave, from the Medieval Latin sclavus, from the Byzantine Greek σκλάβος, which, in turn, comes from the ethnonym Slav, because in some early Medieval wars many Slavs were captured and enslaved.[9][10] An older theory connected it to the Greek verb skyleúo 'to strip a slain enemy'.[11]
There is a dispute among modern historians about whether the term "enslaved person" rather than "slave" should be used when describing the victims of slavery. According to those proposing a change in terminology, "slave" perpetuates the crime of slavery in language, by reducing its victims to a nonhuman noun instead of, according to Andi Cumbo-Floyd, "carry[ing] them forward as people, not the property that they were". Other historians prefer "slave" because the term is familiar and shorter, or because it accurately reflects the inhumanity of slavery, with "person" implying a degree of autonomy that slavery did not allow for.[12]
Types
Photograph of a slave boy in Zanzibar. 'An Arab master's punishment for a slight offence.' c. 1890.
Chattel slavery
Chattel slavery, also called traditional slavery, is so named because people are treated as the chattel (personal property) of an owner and are bought and sold as if they were commodities. It is the least prevalent form of slavery in the world today.[13]
Bonded labor
Main article: Bonded labor
Debt bondage or bonded labor occurs when a person pledges himself or herself against a loan.[3] The services required to repay the debt, and their duration, may be undefined.[3] Debt bondage can be passed on from generation to generation, with children required to pay off their parents' debt.[3] It is the most widespread form of slavery today.[14] Debt bondage is most prevalent in South Asia.[15]
Forced labor
Main article: Forced labor
See also: Child labor and Prostitution
Forced labor occurs when an individual is forced to work against his or her will, under threat of violence or other punishment, with restrictions on their freedom.[14] Human trafficking is primarily for prostituting women and children[16] and is the fastest growing form of forced labor,[14] with Thailand, Cambodia, India, Brazil and Mexico having been identified as leading hotspots of commercial sexual exploitation of children.[17]
The term 'forced labor' is also used to describe all types of slavery and may also include institutions not commonly classified as slavery, such as serfdom, conscription and penal labor.
Forced marriage
Main article: Forced marriage
See also: Marriage by abduction, Child marriage, Dowry and Bride price
A forced marriage can be regarded as a form of slavery if one of the parties, usually the female, is subject to violence, threats, intimidation etc. and required to engage in sexual activity and perform domestic duties and other work without any personal control. The customs of bride price and dowry, that exist in many parts of the world, can lead to buying and selling people into marriage.[18][19] Forced marriage continues to be practiced in parts of the world including South Asia, East Asia and Africa. Forced marriages may also occur in immigrant communities in Europe, United States, Canada and Australia.[20][21][22][23] Marriage by abduction occurs in many places in the world today, with a national average of 69% of marriages in Ethiopia being through abduction.[24]
The International Labour Organisation defines child and forced marriage as forms of modern-day slavery.[25]
Dependent
The word "slave" has also been used to express a general dependency from somebody else.[26][27] In many cases, such as in ancient Persia, the situation and lives of such slaves could be better than those of other common citizens.[28]
History
Main article: History of slavery
Slaves working in a mine. Ancient Greece.
Slaves in chains, relief found at Smyrna (present day İzmir, Turkey), 200 AD
Early history
Evidence of slavery predates written records, and has existed in many cultures.[2] Graves dating to 8000 BC in Egypt may show the enslavement of a San-like tribe.[dubious – discuss][Capoid remains not found this far north][29] Slavery is rare among hunter-gatherer populations. Mass slavery also requires economic surpluses and a high population density to be viable. Due to these factors, the practice of slavery would have only proliferated after the invention of agriculture during the Neolithic Revolution about 11,000 years ago.[30]
In the earliest known records slavery is treated as an established institution. The Code of Hammurabi (ca. 1760 BC), for example, prescribed death for anyone who helped a slave to escape or who sheltered a fugitive.[31] The Bible mentions slavery as an established institution.[2]
Slavery was known in almost every ancient civilization, and society, including Sumer, Ancient Egypt, Ancient China, the Akkadian Empire, Assyria, Ancient India, Ancient Greece, the Roman Empire, the Islamic Caliphate, the Hebrew kingdoms in Palestine, and the pre-Columbian civilizations of the Americas.[2] Such institutions included debt-slavery, punishment for crime, the enslavement of prisoners of war, child abandonment, and the birth of slave children to slaves.[32]
Classical antiquity
Main articles: Slavery in ancient Greece and Slavery in ancient Rome
The work of the Mercedarians was in ransoming Christian slaves held in Muslim hands (1637).
Records of slavery in Ancient Greece go as far back as Mycenaean Greece. It is certain that Classical Athens had the largest slave population, with as many as 80,000 in the 6th and 5th centuries BC;[33] two to four-fifths of the population were slaves.[34] As the Roman Republic expanded outward, entire populations were enslaved, thus creating an ample supply from all over Europe and the Mediterranean. Greeks, Illyrians, Berbers, Germans, Britons, Thracians, Gauls, Jews, Arabs, and many more were slaves used not only for labour, but also for amusement (e. g. gladiators and sex slaves). This oppression by an elite minority eventually led to slave revolts (see Roman Servile Wars); the Third Servile War led by Spartacus being the most famous and severe.
By the late Republican era, slavery had become a vital economic pillar in the wealth of Rome, as well as a very significant part of Roman society.[35] It is estimated that 25% or more of the population of Ancient Rome was enslaved.[36] According to some scholars, slaves represented 35% or more of Italy's population.[37] Estimates of the number of slaves in the Roman Empire range from 60 million to 100 million, with 400,000 in the city of Rome.[38][39]
Middle Ages
Medieval and Early Modern Europe
Main articles: Slavery in medieval Europe and Barbary slave trade
See also: Serfdom
Adalbert of Prague accuses the Jews of the Christian slave trade against Boleslaus II, Duke of Bohemia, relief of Gniezno Doors
Large-scale trading in slaves was mainly confined to the South and East of early medieval Europe: the Byzantine Empire and the Muslim world were the destinations, while pagan Central and Eastern Europe (along with the Caucasus and Tartary) were important sources. Viking, Arab, Greek, and Radhanite Jewish merchants were all involved in the slave trade during the Early Middle Ages.[40][41][42] The trade in European slaves reached a peak in the 10th century following the Zanj rebellion which dampened the use of African slaves in the Arab world.[43][44]
Medieval Spain and Portugal were the scene of almost constant Muslim invasion of the predominantly Christian area. Periodic raiding expeditions were sent from Al-Andalus to ravage the Iberian Christian kingdoms, bringing back booty and slaves. In raid against Lisbon, Portugal in 1189, for example, the Almohad caliph Yaqub al-Mansur took 3,000 female and child captives, while his governor of Córdoba, in a subsequent attack upon Silves, Portugal in 1191, took 3,000 Christian slaves.[45] From the 11th to the 19th century, North African Barbary Pirates engaged in Razzias, raids on European coastal towns, to capture Christian slaves to sell at slave markets in places such as Algeria and Morocco.[46][47]
Depiction of socage on the royal demesne in feudal England, ca. 1310. Socage is an aspect of serfdom, not usually included under the term "slavery".
In Britain, slavery continued to be practiced following the fall of Rome and sections of Hywel the Good's laws dealt with slaves in medieval Wales. The trade particularly picked up after the Viking invasions, with major markets at Chester[48] and Bristol[49] supplied by Danish, Mercian, and Welsh raiding of one another's borderlands. At the time of the Domesday Book (1086), nearly 10% of the English population were slaves.[50] Slavery in early medieval Europe was so common that the Roman Catholic Church repeatedly prohibited it — or at least the export of Christian slaves to non-Christian lands was prohibited at e. g. the Council of Koblenz (922), the Council of London (1102), and the Council of Armagh (1171).[51] In 1452, Pope Nicholas V issued the papal bull Dum Diversas, granting the kings of Spain and Portugal the right to reduce any "Saracens (antiquated term referring to Muslims), pagans and any other unbelievers" to perpetual slavery, legitimizing the slave trade as a result of war.[52] The approval of slavery under these conditions was reaffirmed and extended in his Romanus Pontifex bull of 1455. However, Pope Paul III forbade enslavement of the native Americans in 1537 in his papal bull Sublimus Dei.[53] Dominican friars who arrived at the Spanish settlement at Santo Domingo strongly denounced the enslavement of the local native Americans. Along with other priests, they opposed their treatment as unjust and illegal in an audience with the Spanish king and in the subsequent royal commission.[54]
Crimean Tatar raiders enslaved more than 1 million Eastern Europeans.[55]
The Byzantine-Ottoman wars and the Ottoman wars in Europe brought large numbers of slaves into the Islamic world.[56] To staff its bureaucracy the Ottoman Empire established a janissary system which seized hundreds of thousands of Christian boys through the devşirme system. They were well cared for but were legally slaves owned by the government and were not allowed to marry. They were never bought or sold. The Empire gave them significant administrative and military roles. The system began about 1365; there were 135,000 janissaries in 1826, when the system ended.[57] After the Battle of Lepanto 12,000 Christian galley slaves were recaptured and freed from the Ottoman fleet.[58] Eastern Europe suffered a series of Tatar invasions, the goal of which was to loot and capture slaves into jasyr.[59] Seventy-five Crimean Tatar raids were recorded into Poland–Lithuania between 1474 and 1569.[60]
Approximately 10–20% of the rural population of Carolingian Europe consisted of slaves.[61] Slavery largely disappeared from Western Europe by the later Middle Ages.[62] The slave trade became illegal in England in 1102,[63] but England went on to become very active in the lucrative Atlantic slave trade from the seventeenth to the early nineteenth century. In Scandinavia, thralldom was abolished in the mid-14th century.[64] Slavery persisted longer in Eastern Europe. Slavery in Poland was forbidden in the 15th century; in Lithuania, slavery was formally abolished in 1588; they were replaced by the second serfdom. In Kievan Rus and Muscovy, the slaves were usually classified as kholops.
Islamic world
Main article: Arab slave trade
13th century slave market in Yemen. Yemen officially abolished slavery in 1962.[65]
In early Islamic states of the Western Sudan (present-day West Africa), including Ghana (750–1076), Mali (1235–1645), Segou (1712–1861), and Songhai (1275–1591), about a third of the population were enslaved.[66]
Ibn Battuta indicates several times that he was given or purchased slaves.[67] The great 14th-century scholar Ibn Khaldun, wrote: "the Black nations are, as a rule, submissive to slavery, because (Blacks) have little that is (essentially) human and possess attributes that are quite similar to those of dumb animals".[68] Slaves were purchased or captured on the frontiers of the Islamic world and then imported to the major centers, where there were slave markets from which they were widely distributed.[69][70][71] In the 9th and 10th centuries, the black Zanj slaves may have constituted at least a half of the total population in lower Iraq.[66] At the same time, many slaves in the region were also imported from Central Asia and the Caucasus.[66] Many slaves were taken in the wars with the Christian nations of medieval Europe.
In the Thousand and One Nights there are mentions of white slaves.[72]
Modern history
Europe
See also: Crimean-Nogai raids into East Slavic lands
An 1852 Wallachian poster advertising an auction of Roma slaves in Bucharest.
Author David P. Forsythe has written: "In 1649 up to three-quarters of Muscovy's peasants, or 13 to 14 million people, were serfs whose material lives were barely distinguishable from slaves. Perhaps another 1.5 million were formally enslaved, with Russian slaves serving Russian masters. "[73] Slavery remained a major institution in Russia until 1723, when Peter the Great converted the household slaves into house serfs. Russian agricultural slaves were formally converted into serfs earlier in 1679.[74] Russia's more than 23 million privately held serfs were freed by the Emancipation reform of 1861.[75] State-owned serfs were emancipated in 1866.[76]
Until the late 18th century, the Crimean Khanate (a Muslim Tatar state) maintained a massive slave trade with the Ottoman Empire and the Middle East,[59] exporting about 2 million slaves from Poland-Lithuania and Russia over the period 1500–1700.[77]
During the Second World War (1939–1945) Nazi Germany effectively enslaved about 12 million people, both those considered undesirable and citizens of countries they conquered.[78]
Africa
Main article: Slavery in Africa
The main routes that were used to transport slaves across medieval Africa.
In Algiers, the capital of Algeria in Northern Africa, Christians and Europeans that were captured had been forced into slavery. This eventually led to the Bombardment of Algiers in 1816.[79][80]
Slave traders in Gorée, Senegal, 18th century
Half the population of the Sokoto caliphate of the 19th century were slaves.[66] The Swahili-Arab slave trade reached its height about 150 years ago, when, for example, approximately 20,000 slaves were considered to be carried yearly from Nkhotakota on Lake Malawi to Kilwa.[81] Roughly half the population of Madagascar was enslaved.[66][82]
According to the Encyclopedia of African History, "It is estimated that by the 1890s the largest slave population of the world, about 2 million people, was concentrated in the territories of the Sokoto Caliphate. The use of slave labor was extensive, especially in agriculture. "[83][84] The Anti-Slavery Society estimated there were 2 million slaves in Ethiopia in the early 1930s out of an estimated population of between 8 and 16 million.[85]
Arab slave traders and their captives along the Ruvuma river (in today's Tanzania and Mozambique).
Hugh Clapperton in 1824 believed that half the population of Kano were enslaved people.[86] W. A. Veenhoven wrote: "The German doctor, Gustav Nachtigal, an eye-witness, believed that for every slave who arrived at a market three or four died on the way ... Keltie (The Partition of Africa, London, 1920) believes that for every slave the Arabs brought to the coast at least six died on the way or during the slavers' raid. Livingstone puts the figure as high as ten to one. "[87]
One of the most famous slave traders on the eastern Zanj (Bantu) coast was Tippu Tip, who was the grandson of a slave. The prazeros were slave traders along the Zambezi. North of the Zambezi, the waYao and Makua people played a similar role as professional slave raiders and traders. Still further north were the Nyamwezi slave traders.[88]
Asia
See also: History of slavery in Asia
A contract from the Tang dynasty that records the purchase of a 15-year-old slave for six bolts of plain silk and five Chinese coins.
In Constantinople about one-fifth of the population consisted of slaves.[66] The city was a major center of the slave trade in the 15th and later centuries. By 1475 most of the slaves were provided by Tatar raids on Slavic villages.[89] It has been estimated that some 200,000 slaves—mainly Circassians—were imported into the Ottoman Empire between 1800 and 1909.[90] As late as 1908, women slaves were still sold in the Ottoman Empire.[91] A slave market for captured Russian and Persian slaves was centred in the Central Asian khanate of Khiva.[92] In the early 1840s, the population of the Uzbek states of Bukhara and Khiva included about 900,000 slaves.[90] Darrel P. Kaiser wrote, "Kazakh-Kirghiz tribesmen kidnapped 1573 settlers from colonies [German settlements in Russia] in 1774 alone and only half were successfully ransomed. The rest were killed or enslaved. "[93]
According to Sir Henry Bartle Frere (who sat on the Viceroy's Council), there were an estimated 8 or 9 million slaves in India in 1841. About 15% of the population of Malabar were slaves. Slavery was abolished in British India by the Indian Slavery Act V. of 1843.[2]
In East Asia, the Imperial government formally abolished slavery in China in 1906, and the law became effective in 1910.[94] The Nangzan in Tibetan history were, according to Chinese sources, hereditary household slaves.[95]
Indigenous slaves existed in Korea. Slavery was officially abolished with the Gabo Reform of 1894 but continued in reality until 1930. During the Joseon Dynasty (1392–1910) about 30% to 50% of the Korean population were slaves.[2] In late 16th century Japan slavery as such was officially banned, but forms of contract and indentured labor persisted alongside the period penal codes' forced labor.[96]
The hill tribe people in Indochina were "hunted incessantly and carried off as slaves by the Siamese (Thai), the Anamites (Vietnamese), and the Cambodians. "[97] A Siamese military campaign in Laos in 1876 was described by a British observer as having been "transformed into slave-hunting raids on a large scale".[98] The census, taken in 1879, showed that 6% of the population in the Malay sultanate of Perak were slaves.[90] Enslaved people made up about two-thirds of the population in part of North Borneo in the 1880s.[90]
Americas
Further information: Atlantic slave trade, Encomienda, Mita (Inca), Slavery in Brazil and Slavery in the United States
The Brazilian slave-hunter, 1823, by Johann Moritz Rugendas.
Slavery in the Americas had a contentious history, and played a major role in the history and evolution of some countries, triggering at least one revolution and one civil war, as well as numerous rebellions. The Aztecs had slaves.[99] Other Amerindians, such as the Inca of the Andes, the Tupinambá of Brazil, the Creek of Georgia, and the Comanche of Texas, also owned slaves.[2]
The maritime town of Lagos was the first slave market created in Portugal (one of the earliest colonizers of the Americas) for the sale of imported African slaves—the Mercado de Escravos, opened in 1444.[100][101] In 1441, the first slaves were brought to Portugal from northern Mauritania.[101]
In 1519, Mexico's first Afro-Mexican slave was brought by Hernán Cortés.
By 1552, black African slaves made up 10% of the population of Lisbon.[102][103] In the second half of the 16th century, the Crown gave up the monopoly on slave trade and the focus of European trade in African slaves shifted from import to Europe to slave transports directly to tropical colonies in the Americas—in the case of Portugal, especially Brazil.[101] In the 15th century one-third of the slaves were resold to the African market in exchange of gold.[104]
In order to establish itself as an American empire Spain had to fight against the relatively powerful civilizations of the New World. The Spanish conquest of the indigenous peoples in the Americas included using the Natives as forced labour. The Spanish colonies were the first Europeans to use African slaves in the New World on islands such as Cuba and Hispaniola, see Atlantic slave trade.[105]
The public flogging of a slave in Rio de Janeiro, Brazil. From Jean Baptiste Debret, Voyage Pittoresque et Historique au Brésil (1834–1839).
Bartolomé de Las Casas a 16th-century Dominican friar and Spanish historian participated in campaigns in Cuba (at Bayamo and Camagüey) and was present at the massacre of Hatuey; his observation of that massacre led him to fight for a social movement away from the use of natives as slaves and towards the importation of African Blacks as slaves. Also, the alarming decline in the native population had spurred the first royal laws protecting the native population (Laws of Burgos, 1512–1513).
The first African slaves arrived in Hispaniola in 1501.[106] In 1518, Charles I of Spain agreed to ship slaves directly from Africa. England played a prominent role in the Atlantic slave trade. The "slave triangle" was pioneered by Francis Drake and his associates. In 1640 a Virginia court sentenced John Punch to slavery, forcing him to serve his master,Hugh Gwyn, for the remainder of his life. This was the first legal sanctioning of slavery in the English colonies.[107][108] In 1655, A black man, Anthony Johnson of Virginia, was granted ownership of John Casor as the result of a civil case.[109] By 1750, slavery was a legal institution in all of the 13 American colonies,[110][111] and the profits of the slave trade and of West Indian plantations amounted to 5% of the British economy at the time of the Industrial Revolution. [112]
The Transatlantic slave trade peaked in the late 18th century, when the largest number of slaves were captured on raiding expeditions into the interior of West Africa. These expeditions were typically carried out by African kingdoms, such as the Oyo empire (Yoruba), the Ashanti Empire,[113] the kingdom of Dahomey,[114] and the Aro Confederacy.[115] Europeans rarely entered the interior of Africa, due to fierce African resistance. The slaves were brought to coastal outposts where they were traded for goods. A significant portion of African Americans in North America are descended from Mandinka people.[116] Through a series of conflicts, primarily with the Fulani Jihad States, about half of the Senegambian Mandinka were converted to Islam while as many as a third were sold into slavery to the Americas through capture in conflict.[116]
Slaves on a Virginia plantation (The Old Plantation, c. 1790).
Mid 19th century portrait of an older New Orleans woman with her child slave servant.
An estimated 12 million Africans arrived in the Americas from the 16th to the 19th centuries.[117] Of these, an estimated 645,000 were brought to what is now the United States. The usual estimate is that about 15% of slaves died during the voyage, with mortality rates considerably higher in Africa itself in the process of capturing and transporting indigenous peoples to the ships. Approximately 6 million black Africans were killed by others in tribal wars.[118]
Many Europeans who arrived in North America during the 17th and 18th centuries came under contract as indentured servants.[119] The transformation from indentured servitude to slavery was a gradual process in Virginia. The earliest legal documentation of such a shift was in 1640 where a negro, John Punch, was sentenced to lifetime slavery for attempting to run away. This case also marked the disparate treatment of Africans as held by the Virginia County Court, as two white runaways received far lesser sentences.[120] After 1640, planters started to ignore the expiration of indentured contracts and kept their servants as slaves for life. This was demonstrated by the case Johnson v. Parker where the court ruled that John Casor, an indentured servant, be returned to Johnson who claimed that Casor belonged to him for his life.[121][122] According to the 1860 U. S. census, 393,975 individuals, representing 8% of all US families, owned 3,950,528 slaves.[123] One-third of Southern families owned slaves.[124]
Funeral at slave plantation, Suriname. Colored lithograph printed circa 1840–1850, digitally restored.
The largest number of slaves were shipped to Brazil.[125] In the Spanish viceroyalty of New Granada, corresponding mainly to modern Panama, Colombia, and Venezuela, the free black population in 1789 was 420,000, whereas African slaves numbered only 20,000. Free blacks also outnumbered slaves in Brazil. By contrast, in Cuba free blacks made up only 15% in 1827; and in the French colony of Saint-Domingue (present-day Haiti) it was a mere 5% in 1789.[126]
Author Charles Rappleye argued that
In the West Indies in particular, but also in North and South America, slavery was the engine that drove the mercantile empires of Europe..It appeared, in the eighteenth century, as universal and immutable as human nature.[127]
Lady in litter being carried by her slaves, province of São Paulo in Brazil, ca.1860.
Although the trans-Atlantic slave trade ended shortly after the American Revolution, slavery remained a central economic institution in the Southern states of the United States, from where slavery expanded with the westward movement of population.[128] Historian Peter Kolchin wrote, "By breaking up existing families and forcing slaves to relocate far from everyone and everything they knew" this migration "replicated (if on a reduced level) many of [the] horrors" of the Atlantic slave trade.[129]
Historian Ira Berlin called this forced migration the Second Middle Passage. Characterizing it as the "central event" in the life of a slave between the American Revolution and the Civil War, Berlin wrote that whether they were uprooted themselves or simply lived in fear that they or their families would be involuntarily moved, "the massive deportation traumatized black people, both slave and free. "[130]
By 1860, 500,000 slaves had grown to 4 million. As long as slavery expanded, it remained profitable and powerful and was unlikely to disappear. Although complete statistics are lacking, it is estimated that 1,000,000 slaves moved west from the Old South between 1790 and 1860.[131]
Most of the slaves were moved from Maryland, Virginia, and the Carolinas. Michael Tadman, in a 1989 book Speculators and Slaves: Masters, Traders, and Slaves in the Old South, indicates that 60–70% of interregional migrations were the result of the sale of slaves. In 1820, a child in the Upper South had a 30% chance to be sold south by 1860.[131]
In Puerto Rico, African slavery was finally abolished on March 22, 1873.
Page Boy with slave collar, Dutch 17th-century painting.
Middle East
Main article: Arab slave trade
See also: Slavery (Ottoman Empire), Islamic views on slavery and Slavery on the Barbary Coast
Ottoman wars in Europe resulted in many captive Christians being carried deep into Muslim territory.
According to Robert Davis between 1 million and 1.25 million Europeans were captured by Barbary pirates and sold as slaves in North Africa and Ottoman Empire between the 16th and 19th centuries.[132][133] There was also an extensive trade in Christian slaves in the Black Sea region for several centuries until the Crimean Khanate was destroyed by the Russian Empire in 1783.[134] In the 1570s close to 20,000 slaves a year were being sold in the Crimean port of Kaffa.[135] The slaves were captured in southern Russia, Poland-Lithuania, Moldavia, Wallachia, and Circassia by Tatar horsemen.[136] Some researchers estimate that altogether more than 3 million people were captured and enslaved during the time of the Crimean Khanate.[137][138]
Persian slave in the Khanate of Khiva, 19th century
British captain witnessing the miseries of the Christian slaves in Algiers, 1815
The Arab enslavement of the Dinka people.
The Arab slave trade lasted more than a millennium.[139] As recently as the early 1960s, Saudi Arabia's slave population was estimated at 300,000.[140] Along with Yemen, the Saudis abolished slavery only in 1962.[141] Slaves in the Arab World came from many different regions, including Sub-Saharan Africa (mainly Zanj),[68] the Caucasus (mainly Circassians),[142] Central Asia (mainly Tartars), and Central and Eastern Europe (mainly Saqaliba).[143]
Under Omani Arabs Zanzibar became East Africa's main slave port, with as many as 50,000 enslaved Africans passing through every year during the 19th century.[144][145] Some historians estimate that between 11 and 18 million African slaves crossed the Red Sea, Indian Ocean, and Sahara Desert from 650 AD to 1900 AD.[2][146] Eduard Rüppell described the losses of Sudanese slaves being transported on foot to Egypt: "after the Daftardar bey's 1822 campaign in the southern Nuba mountains, nearly 40,000 slaves were captured. However, through bad treatment, disease and desert travel barely 5000 made it to Egypt. "[147]
The Moors, starting in the 8th century, also raided coastal areas around the Mediterranean and Atlantic Ocean, and became known as the Barbary pirates.[148] It is estimated that they captured 1.25 million white slaves from Western Europe and North America between the 16th and 19th centuries.[149][150] The mortality rate was very high. For instance, plague killed a third to two-thirds of the 30,000 occupants of the slave pens in Algiers in 1662.[132]
Present day
Modern incidence of slavery, as a percentage of the population, by country. Estimates from the Walk Free Foundation. Estimates by other sources may be higher.
See also: Contemporary slavery, Child slavery, Trafficking of children and Illegal_immigration § Slavery
Thousands of children work as bonded labourers in Asia, particularly in the Indian subcontinent.[151]
Even though slavery is now outlawed in every country, the number of slaves today remains as high as 12 million [152] to 29.8 million.[7] Several estimates of the number of slaves in the world have been provided.[153] According to a broad definition of slavery used by Kevin Bales of Free the Slaves (FTS), an advocacy group linked with Anti-Slavery International, there were 27 million people in slavery in 1999, spread all over the world.[154] In 2005, the International Labour Organization provided an estimate of 12.3 million forced labourers in the world.[155] Siddharth Kara has also provided an estimate of 28.4 million slaves at the end of 2006 divided into the following three categories: bonded labour/debt bondage (18.1 million), forced labour (7.6 million), and trafficked slaves (2.7 million).[156] Kara provides a dynamic model to calculate the number of slaves in the world each year, with an estimated 29.2 million at the end of 2009. According to a 2003 report by Human Rights Watch, an estimated 15 million children in debt bondage in India work in slavery-like conditions to pay off their family's debts.[157][158]
Distribution
A report by the Walk Free Foundation in 2013,[159] found India had the highest number of slaves, nearly 14 million, followed by China (2.9 million), Pakistan (2.1 million), Nigeria, Ethiopia, Russia, Thailand, Democratic Republic of Congo, Myanmar and Bangladesh; while the countries with the highest of proportion of slaves were Mauritania, Haiti, Pakistan, India and Nepal.[160]
In June 2013, U.S. State Department released a report on slavery, it placed Russia, China, Uzbekistan in the worst offenders category, Cuba, Iran, North Korea, Sudan, Syria, and Zimbabwe were also at the lowest level. List also included Algeria, Libya, Saudi Arabia and Kuwait among a total of 21 countries.[161][162]
Economics
While American slaves in 1809 were sold for around $40,000 (in contemporary money); a slave nowadays can be bought for just $90; making replacement more economical than providing long term care.[163] Slavery is a multi-billion dollar industry with estimates of up to $35 billion generated annually.[164]
Trafficking
Main article: Human trafficking
A world map showing countries by prevalence of female trafficking
Trafficking in human beings (also called human trafficking) is one method of obtaining slaves.[165] Victims are typically recruited through deceit or trickery (such as a false job offer, false migration offer, or false marriage offer), sale by family members, recruitment by former slaves, or outright abduction. Victims are forced into a "debt slavery" situation by coercion, deception, fraud, intimidation, isolation, threat, physical force, debt bondage or even force-feeding with drugs of abuse to control their victims.[166] "Annually, according to U.S. government-sponsored research completed in 2006, approximately 800,000 people are trafficked across national borders, which does not include millions trafficked within their own countries. Approximately 80 percent of transnational victims are women and girls and up to 50 percent are minors", reports the U.S. State Department in a 2008 study.[167]
While the majority of trafficking victims are women, and sometimes children, who are forced into prostitution (in which case the practice is called sex trafficking), victims also include men, women and children who are forced into manual labour.[168] Due to the illegal nature of human trafficking, its exact extent is unknown. A U.S. government report published in 2005, estimates that 600,000 to 800,000 people worldwide are trafficked across borders each year. This figure does not include those who are trafficked internally.[168] Another research effort revealed that between 1.5 million and 1.8 million individuals are trafficked either internally or internationally each year, 500,000 to 600,000 of whom are sex trafficking victims.[156]
Examples
Examples of modern slavery are numerous. Child slavery has commonly been used in the production of cash crops and mining.
Asia
In 2008, the Nepalese government abolished the Haliya system, under which 20,000 people were forced to provide free farm labour.[169] Though slavery was officially abolished in China in 1910,[170] the practice continues unofficially in some regions of the country.[171][172][173] In June and July 2007, 550 people who had been enslaved by brick manufacturers in Shanxi and Henan were freed by the Chinese government.[174] Among those rescued were 69 children.[175] In response, the Chinese government assembled a force of 35,000 police to check northern Chinese brick kilns for slaves, sent dozens of kiln supervisors to prison, punished 95 officials in Shanxi province for dereliction of duty, and sentenced one kiln foreman to death for killing an enslaved worker.[174] The North Korean government[176] operates six large political prison camps,[177] where political prisoners and their families (around 200,000 people)[178] in lifelong detention[179] are subjected to hard slave labor,[180] torture and inhumane treatment.[181]
South America and Caribbean
In 2008 in Brazil about 5,000 slaves were rescued by government authorities as part of an initiative to eradicate slavery, which was reported as ongoing in 2010.[182] Poverty has forced at least 225,000 Haitian children to work as restavecs (unpaid household servants); the United Nations considers this to be a form of slavery.[183]
Middle East
Some tribal sheiks in Iraq still keep blacks, called Abd, which means servant or slave in Arabic, as slaves.[184]
According to media reports from late 2014 the Islamic State of Iraq and the Levant (ISIL) was selling Yazidi and Christian women as slaves.[185][186][187] According to Haleh Esfandiari of the Woodrow Wilson International Center for Scholars, after ISIL militants have captured an area "[t]hey usually take the older women to a makeshift slave market and try to sell them."[188] In mid-October 2014 the U.N. estimated that 5,000 to 7,000 Yazidi women and children were abducted by ISIL and sold into slavery.[189][190] In the digital magazine Dabiq, ISIL claimed religious justification for enslaving Yazidi women whom they consider to be from a heretical sect. ISIL claimed that the Yazidi are idol worshipers and their enslavement part of the old shariah practice of spoils of war.[191][192][193][194][195] According to The Wall Street Journal, ISIL appeals to apocalyptic beliefs and claims "justification by a Hadith that they interpret as portraying the revival of slavery as a precursor to the end of the world".[196]
Africa
Tuareg society is traditionally feudal, ranging from nobles, through vassals, to dark-skinned slaves.[197]
Main article: Slavery in contemporary Africa
In Mauritania, the last country to abolish slavery (in 1981),[198] it is estimated that up to 600,000 men, women and children, or 20% of the population, are enslaved with many used as bonded labour.[199][200][201] Slavery in Mauritania was criminalized in August 2007.[202] (although slavery as a practice was legally banned in 1981, it was not a crime to own a slave until 2007).[203] Although many slaves have escaped or have been freed since 2007, as of 2012, only one slave-owner had been sentenced to serve time in prison.[204]
An article in the Middle East Quarterly in 1999 reported that slavery is endemic in Sudan.[205] Estimates of abductions during the Second Sudanese Civil War range from 14,000 to 200,000 people.[206]
In Niger, slavery is also a current phenomenon. A Nigerien study has found that more than 800,000 people are enslaved, almost 8% of the population.[207][208][209] Niger installed anti slavery provision in 2003.[210][211]
Many pygmies in the Republic of Congo and Democratic Republic of Congo belong from birth to Bantus in a system of slavery.[212][213]
According to the U.S. State Department, more than 109,000 children were working on cocoa farms alone in Côte d'Ivoire (Ivory Coast) in "the worst forms of child labor" in 2002.[214]
On the night of 14–15 April 2014, a group of militants attacked the Government Girls Secondary School in Chibok, Nigeria. They broke into the school, pretending to be guards,[215] telling the girls to get out and come with them.[216] A large number of students were taken away in trucks, possibly into the Konduga area of the Sambisa Forest where Boko Haram were known to have fortified camps.[216] Houses in Chibok were also burned down in the incident.[217] According to the police, approximately 276 children were taken in the attack, of whom 53 had escaped as of 2 May.[218] Other reports said that 329 girls were kidnapped, 53 had escaped and 276 were still missing.[219][220][221] The students have been forced to convert to Islam[222] and into marriage with members of Boko Haram, with a reputed "bride price" of ₦2,000 each ($12.50/£7.50).[223][224] Many of the students were taken to the neighbouring countries of Chad and Cameroon, with sightings reported of the students crossing borders with the militants, and sightings of the students by villagers living in the Sambisa Forest, which is considered a refuge for Boko Haram[224][225]
On May 5, 2014 a video in which Boko Haram leader Abubakar Shekau claimed responsibility for the kidnappings emerged. Shekau claimed that "Allah instructed me to sell them...I will carry out his instructions"[226] and "[s]lavery is allowed in my religion, and I shall capture people and make them slaves."[227] He said the girls should not have been in school and instead should have been married since girls as young as nine are suitable for marriage.[226][227] Shekau said in an interview "I shall capture people and make them slaves" when claiming responsibility for the 2014 Chibok kidnapping.[227]
Abolitionism
Main article: Abolitionism
See also: Abolition of slavery timeline
[show]
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Slave Trade suppression
The painting of the 1840 Anti-Slavery Society Convention at Exeter Hall. Move your cursor to identify delegates or click the icon to enlarge.[228]
Slavery has existed, in one form or another, through the whole of recorded human history—as have, in various periods, movements to free large or distinct groups of slaves.
Ashoka, who ruled the Maurya Empire from 269–232 BCE, abolished the slave trade but not slavery.[229] The Qin dynasty, which ruled China from 221 to 206 BC, abolished slavery and discouraged serfdom. However, many of its laws were overturned when the dynasty was overthrown.[230] Slavery was again abolished, by Wang Mang, in China in 17 C.E but was reinstituted after his assassination.[231]
The Spanish colonization of the Americas sparked a discussion about the right to enslave native Americans. A prominent critic of slavery in the Spanish New World colonies was Bartolomé de las Casas, who opposed the enslavement of Native Americans, and later also of Africans in America.
One of the first protests against slavery came from German and Dutch Quakers in Pennsylvania in 1688.[232] One of the most significant milestones in the campaign to abolish slavery throughout the world occurred in England in 1772, with British judge Lord Mansfield, whose opinion in Somersett's Case was widely taken to have held that slavery was illegal in England. This judgement also laid down the principle that slavery contracted in other jurisdictions (such as the American colonies) could not be enforced in England.[233] In 1777, Vermont became the first portion of what would become the United States to abolish slavery (at the time Vermont was an independent nation).[232] France abolished slavery in 1794.[232] There were celebrations in 2007 to commemorate the 200th anniversary of the Abolition of the slave trade in the United Kingdom through the work of the British Anti-Slavery Society.
Joseph Jenkins Roberts, born in Virginia, was the first president of Liberia, which was founded in 1822 for freed American slaves.
William Wilberforce received much of the credit although the groundwork was an anti-slavery essay by Thomas Clarkson. Wilberforce was also urged by his close friend, Prime Minister William Pitt the Younger, to make the issue his own, and was also given support by reformed Evangelical John Newton. The Slave Trade Act was passed by the British Parliament on March 25, 1807, making the slave trade illegal throughout the British Empire,[234] Wilberforce also campaigned for abolition of slavery in the British Empire, which he lived to see in the Slavery Abolition Act 1833. After the 1807 act abolishing the slave trade was passed, these campaigners switched to encouraging other countries to follow suit, notably France and the British colonies. In 1839, the world's oldest international human rights organization, Anti-Slavery International, was formed in Britain by Joseph Sturge, which campaigned to outlaw slavery in other countries.[235]
Between 1808 and 1860, the British West Africa Squadron seized approximately 1,600 slave ships and freed 150,000 Africans who were aboard.[236] Action was also taken against African leaders who refused to agree to British treaties to outlaw the trade, for example against "the usurping King of Lagos", deposed in 1851. Anti-slavery treaties were signed with over 50 African rulers.[237]
In the United States, abolitionist pressure produced a series of small steps towards emancipation. After January 1, 1808, the importation of slaves into the United States was prohibited,[238] but not the internal slave trade, nor involvement in the international slave trade externally. Legal slavery persisted; and those slaves already in the U. S. were legally emancipated only in 1863. Many American abolitionists took an active role in opposing slavery by supporting the Underground Railroad. Violent clashes between anti-slavery and pro-slavery Americans included Bleeding Kansas, a series of political and armed disputes in 1854-1861 as to whether Kansas would join the United States as a slave or free state. By 1860 the total number of slaves reached almost four million, and the American Civil War, beginning in 1861, led to the end of slavery in the United States.[239]
In 1863 Lincoln issued the Emancipation Proclamation, which freed slaves held in the Confederate States; the 13th Amendment to the U. S. Constitution (1865) prohibited slavery throughout the country.
Photographed in 1863 – Peter, aka Gordon, a man who was enslaved in Louisiana.[240] This famous photo was distributed by abolitionists.[241]
In the 1860s, David Livingstone's reports of atrocities within the Arab slave trade in Africa stirred up the interest of the British public, reviving the flagging abolitionist movement. The Royal Navy throughout the 1870s attempted to suppress "this abominable Eastern trade", at Zanzibar in particular. In 1905, the French abolished indigenous slavery in most of French West Africa.[242]
On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, which declared freedom from slavery is an internationally recognized human right. Article 4 of the Universal Declaration of Human Rights states:
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.[243]
In 2014 for the first time in history major leaders of many religions, Buddhist, Anglican, Catholic, and Orthodox Christian, Hindu, Jewish, and Muslim, met to sign a shared commitment against modern-day slavery; the declaration they signed calls for the elimination of slavery and human trafficking by the year 2020.[244] The signatories were: Pope Francis, Mātā Amṛtānandamayī (also known as Amma), Bhikkhuni Thich Nu Chân Không (representing Zen Master Thích Nhất Hạnh), Datuk K Sri Dhammaratana, Chief High Priest of Malaysia, Rabbi Abraham Skorka, Rabbi David Rosen, Abbas Abdalla Abbas Soliman, Undersecretary of State of Al Azhar Alsharif (representing Mohamed Ahmed El-Tayeb, Grand Imam of Al-Azhar), Grand Ayatollah Mohammad Taqi al-Modarresi, Sheikh Naziyah Razzaq Jaafar, Special advisor of Grand Ayatollah (representing Grand Ayatollah Sheikh Basheer Hussain al Najafi), Sheikh Omar Abboud, Justin Welby, Archbishop of Canterbury, and Metropolitan Emmanuel of France (representing Ecumenical Patriarch Bartholomew.)[244]
Groups such as the American Anti-Slavery Group, Anti-Slavery International, Free the Slaves, the Anti-Slavery Society, and the Norwegian Anti-Slavery Society continue to campaign to rid the world of slavery.
Remnants of slavery
In the case of freed slaves of the United States, many became share croppers and indentured servants. In this manner, some became tied to the very parcel of land into which they had been born a slave having little freedom or economic opportunity due to Jim Crow laws which perpetuated discrimination, limited education, promoted persecution without due process and resulted in continued poverty. Fear of reprisals such as unjust incarcerations and lynchings deterred upward mobility further.
Legal actions
In November 2006, the International Labour Organization announced it will be seeking "to prosecute members of the ruling Myanmar junta for crimes against humanity" over the continuous unfree labour of its citizens by the military at the International Court of Justice.[245][246] According to the International Labor Organization (ILO), an estimated 800,000 people are subject to forced labour in Myanmar.[247]
The Ecowas Court of Justice is hearing the case of Hadijatou Mani in late 2008, where Ms. Mani hopes to compel the government of Niger to end slavery in its jurisdiction. Cases brought by her in local courts have failed so far.[248]
Economics
Gustave Boulanger's painting The Slave Market
Economists have attempted to model the circumstances under which slavery (and variants such as serfdom) appear and disappear. One observation is that slavery becomes more desirable for landowners where land is abundant but labour is scarce, such that rent is depressed and paid workers can demand high wages. If the opposite holds true, then it becomes more costly for landowners to have guards for the slaves than to employ paid workers who can only demand low wages due to the amount of competition.[249] Thus, first slavery and then serfdom gradually decreased in Europe as the population grew, but were reintroduced in the Americas and in Russia as large areas of new land with few people became available.[250] In his books, Time on the Cross and Without Consent or Contract: the Rise and Fall of American Slavery, Robert Fogel maintains that slavery was in fact a profitable method of production, especially on bigger plantations growing cotton that fetched high prices in the world market. It gave whites in the South higher average incomes than those in the North, but most of the money was spent on buying slaves and plantations.
Slave being whipped in Brazil, during the heyday of gold exploration in Minas Gerais (1770).
Slavery is more common when the labour done is relatively simple and thus easy to supervise, such as large-scale growing of a single crop. It is much more difficult and costly to check that slaves are doing their best and with good quality when they are doing complex tasks. Therefore, slavery was seen as the most efficient method of production for large-scale crops like sugar and cotton, whose output was based on economies of scale. This enabled a gang system of labor to be prominent on large plantations where field hands were monitored and worked with factory-like precision. Each work gang was based on an internal division of labor that not only assigned every member of the gang to a precise task but simultaneously made his or her performance dependent on the actions of the others. The hoe hands chopped out the weeds that surrounded the cotton plants as well as excessive sprouts. The plow gangs followed behind, stirring the soil near the rows of cotton plants and tossing it back around the plants. Thus, the gang system worked like an early version of the assembly line later to be found in factories.[251]
Critics since the 18th century have argued that slavery tends to retard technological advancement, since the focus is on increasing the number of slaves doing simple tasks rather than upgrading the efficiency of labour. Because of this, theoretical knowledge and learning in Greece—and later in Rome—was not applied to ease physical labour or improve manufacturing.[252]
Adam Smith made the argument that free labor was economically better than slave labor, and argued further that slavery in Europe ended during the Middle Ages, and then only after both the church and state were separate, independent and strong institutions,[253] that it is nearly impossible to end slavery in a free, democratic and republican forms of governments since many of its legislators or political figures were slave owners, and would not punish themselves, and that slaves would be better able to gain their freedom when there was centralized government, or a central authority like a king or the church.[254] Similar arguments appear later in the works of Auguste Comte, especially when it comes to Adam Smith's belief in the separation of powers or what Comte called the "separation of the spiritual and the temporal" during the Middle Ages and the end of slavery, and Smith's criticism of masters, past and present. As Smith stated in the Lectures on Jurisprudence, "The great power of the clergy thus concurring with that of the king set the slaves at liberty. But it was absolutely necessary both that the authority of the king and of the clergy should be great. Where ever any one of these was wanting, slavery still continues. "
The inspection and sale of a slave
Slaves can be an attractive investment because the slave-owner only needs to pay for sustenance and enforcement. This is sometimes lower than the wage-cost of free labourers, because free workers earn more than sustenance, in these cases slaves have positive price. When the cost of sustenance and enforcement exceeds the wage rate, slave-owning would no longer be profitable, and owners would simply release their slaves. Slaves are thus a more attractive investment in high-wage environments, and environments where enforcement is cheap, and less attractive in environments where the wage-rate is low and enforcement is expensive.[255]
Free workers also earn compensating differentials, whereby they are paid more for doing unpleasant work. Neither sustenance nor enforcement costs rise with the unpleasantness of the work, however, so slaves' costs do not rise by the same amount. As such, slaves are more attractive for unpleasant work, and less for pleasant work. Because the unpleasantness of the work is not internalised, being born by the slave rather than the owner, it is a negative externality and leads to over-use of slaves in these situations.[255]
The weighted average global sales price of a slave is calculated to be approximately $340, with a high of $1,895 for the average trafficked sex slave, and a low of $40 to $50 for debt bondage slaves in part of Asia and Africa.[156] Worldwide slavery is a criminal offense but slave owners can get very high returns for their risk.[256] According to researcher Siddharth Kara, the profits generated worldwide by all forms of slavery in 2007 were $91.2 billion. That is second only to drug trafficking in terms of global criminal enterprises. The weighted average annual profits generated by a slave in 2007 was $3,175, with a low of an average $950 for bonded labor and $29,210 for a trafficked sex slave.[156] Approximately 40% of slave profits each year are generated by trafficked sex slaves, representing slightly more than 4% of the world's 29 million slaves.[156]
Robert E. Wright has developed a model that helps to predict when firms (individuals, companies) will be more likely to use slaves rather than wage workers, indentured servants, family members, or other types of laborers.[257]
Wage slavery
Syndicalism
"The Hand That Will Rule The World—One Big Union"
Precursors[show]
Variants[show]
Economics[show]
Organisations[show]
Leaders[show]
Related subjects[show]
Category Syndicalism
Category Labour economics
v ·
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e
Main articles: Labour economics § Wage slavery and Wage labour
The labour market, as institutionalised under today's market economic systems, has been criticised,[258] especially by both mainstream socialists and anarcho-syndicalists,[259][260][261][262] who utilise the term wage slavery[263][264] as a pejorative for wage labour. Socialists draw parallels between the trade of labour as a commodity and slavery. Cicero is also known to have suggested such parallels.[265]
For Marxists, labour-as-commodity, which is how they regard wage labour,[266] provides an absolutely fundamental point of attack against capitalism.[267] "It can be persuasively argued," noted one concerned philosopher[who?], "that the conception of the worker's labour as a commodity confirms Marx's stigmatization of the wage system of private capitalism as 'wage-slavery;' that is, as an instrument of the capitalist's for reducing the worker's condition to that of a slave, if not below it."[268]
Apologies
On May 21, 2001, the National Assembly of France passed the Taubira law, recognizing slavery as a crime against humanity. Apologies on behalf of African nations, for their role in trading their countrymen into slavery, remain an open issue since slavery was practiced in Africa even before the first Europeans arrived and the Atlantic slave trade was performed with a high degree of involvement of several African societies. The black slave market was supplied by well-established slave trade networks controlled by local African societies and individuals.[269] Indeed, as already mentioned in this article, slavery persists in several areas of West Africa until the present day.
There is adequate evidence citing case after case of African control of segments of the trade. Several African nations such as the Calabar and other southern parts of Nigeria had economies depended solely on the trade. African peoples such as the Imbangala of Angola and the Nyamwezi of Tanzania would serve as middlemen or roving bands warring with other African nations to capture Africans for Europeans.[270]
Several historians have made important contributions to the global understanding of the African side of the Atlantic slave trade. By arguing that African merchants determined the assemblage of trade goods accepted in exchange for slaves, many historians argue for African agency and ultimately a shared responsibility for the slave trade.[271]
In 1999, President Mathieu Kerekou of Benin (formerly the Kingdom of Dahomey) issued a national apology for the central role Africans played in the Atlantic slave trade.[272] Luc Gnacadja, minister of environment and housing for Benin, later said: "The slave trade is a shame, and we do repent for it."[273] Researchers estimate that 3 million slaves were exported out of the Slave Coast bordering the Bight of Benin.[273] President Jerry Rawlings of Ghana also apologized for his country's involvement in the slave trade.[272]
The issue of an apology is linked to reparations for slavery and is still being pursued by a number of entities across the world. For example, the Jamaican Reparations Movement approved its declaration and action Plan.
In September 2006, it was reported that the UK government might issue a "statement of regret" over slavery.[274] This was followed by a "public statement of sorrow" from Tony Blair on November 27, 2006,[275] and a formal apology on March 14, 2007.[276]
On February 25, 2007, the Commonwealth of Virginia resolved to 'profoundly regret' and apologize for its role in the institution of slavery. Unique and the first of its kind in the U. S., the apology was unanimously passed in both Houses as Virginia approached the 400th anniversary of the founding of Jamestown, where the first slaves were imported into North America in 1619.[277]
Liverpool, which was a large slave trading port, apologized in 1999. On August 24, 2007, Mayor Ken Livingstone of London, United Kingdom, apologized publicly for Britain's role in colonial slave trade. "You can look across there to see the institutions that still have the benefit of the wealth they created from slavery," he said, pointing towards the financial district. He claimed that London was still tainted by the horrors of slavery. Specifically, London outfitted, financed, and insured many of the ships, which helped fund the building of London's docks. Jesse Jackson praised Livingstone, and added that reparations should be made, one of his common arguments.[278]
On July 30, 2008, the United States House of Representatives passed a resolution apologizing for American slavery and subsequent discriminatory laws.[279] In June 2009, the US Senate passed a resolution apologizing to African-Americans for the "fundamental injustice, cruelty, brutality, and inhumanity of slavery".[280] The news was welcomed by President Barack Obama, the nation's first President of African descent.[281] Some of President Obama's ancestors were slave owners.[282]
In 2010, Libyan leader Muammar Gaddafi apologized for Arab involvement in the slave trade, saying: "I regret the behavior of the Arabs… They brought African children to North Africa, they made them slaves, they sold them like animals, and they took them as slaves and traded them in a shameful way."[283]
Reparations
Main article: Reparations for slavery
refer to caption
Monument to slaves in Zanzibar
There have been movements to achieve reparations for those formerly held as slaves, or sometimes their descendants. Claims for reparations for being held in slavery are handled as a civil law matter in almost every country. This is often decried as a serious problem, since former slaves' relative lack of money means they often have limited access to a potentially expensive and futile legal process. Mandatory systems of fines and reparations paid to an as yet undetermined group of claimants from fines, paid by unspecified parties, and collected by authorities have been proposed by advocates to alleviate this "civil court problem. " Since in almost all cases there are no living ex-slaves or living ex-slave owners these movements have gained little traction. In nearly all cases the judicial system has ruled that the statute of limitations on these possible claims has long since expired.
Other uses of the term
The word slavery is often used as a pejorative to describe any activity in which one is coerced into performing.
Some argue that military drafts and other forms of coerced government labour constitute state-operated slavery.[284][285]
Some socialists, view total and immediate wage dependence as a form of slavery.[286]
Some libertarians and anarcho-capitalists view government taxation as a form of slavery.[287]
Some proponents of animal rights apply the term slavery to the condition of some or all human-owned animals, arguing that their status is comparable to that of human slaves.[288]
Some Antipsychiatry proponents apply the term slavery to the involuntary psychiatric patient. There are no unbiased physical tests for mental illness, and the psychiatric patient must follow the orders of his/her psychiatrist. Drapetomania was a psychiatric diagnosis for a slave who did not want to be a slave. Thomas Szasz wrote a book titled "Psychiatric Slavery",[289] published in 1998 and a book titled " Liberation by Oppression: A Comparative Study of Slavery and Psychiatry",[290] published in 2003.
In film
Main article: List of films featuring slavery
Film has been the most influential medium in the presentation of the history of slavery to the general public around the world.[291] The American film industry has had a complex relationship with slavery and until recent decades often avoided the topic. Films such as Birth of a Nation (1915)[292] and Gone with the Wind (1939) became controversial because they gave a favorable depiction. The last favorable treatment was Song of the South from Disney in 1946. In 1940 The Santa Fe Trail gave a liberal but ambiguous interpretation of John Brown's attacks on slavery—the film does not know what to do with slavery.[293] The Civil Rights Movement in the 1950s made defiant slaves into heroes.[294] The question of slavery in American memory necessarily involves its depictions in feature films.[295]
Spartacus sheetA.jpg
Most Hollywood films used American settings, although Spartacus (1960), dealt with an actual revolt in the Roman Empire known as the Third Servile War. It failed and all the rebels were executed, but their spirit lived on according to the film.[296] The Last Supper (La última cena in Spanish) was a 1976 film directed by Cuban Tomás Gutiérrez Alea about the teaching of Christianity to slaves in Cuba, and emphasizes the role of ritual and revolt. Burn! takes place on the imaginary Portuguese island of Queimada (where the locals speak Spanish) and it merges historical events that took place in Brazil, Cuba, Santo Domingo, Jamaica, and elsewhere. Spartacus stays surprisingly close to the historical record.[297]
Historians agree that films have largely shaped historical memories, but they debate issues of accuracy, plausibility, moralism, sensationalism, how facts are stretched in search of broader truths, and suitability for the classroom.[298][299] Berlin argues that critics complain if the treatment emphasizes historical brutality, or if it glosses over the harshness to highlight the emotional impact of slavery.[300]
Year Original title [301][302] English title
(if different) Format Film genre Director Actor Country Book Author
1915 The Birth of a Nation Historical drama film, Historical epic D. W. Griffith Lillian Gish United States The Clansman Thomas Dixon, Jr.
1960 Spartacus Historical drama film, Historical epic Stanley Kubrick Kirk Douglas United States
1968 Angélique and the Sultan Drama Bernard Borderie France Angélique in Barbary Anne Golon
1969 Queimada Burn! Drama Gillo Pontecorvo Marlon Brando Italy
1975 Mandingo Drama, Exploitation film Richard Fleischer Ken Norton United States Mandingo Kyle Onstott
1977 Roots TV series Drama, Historical drama film Chomsky, Erman, Greene et Moses United States Roots: The Saga of an American Family Alex Haley
1997 Amistad Drama Steven Spielberg United States
1998 Beloved Drama Jonathan Demme United States Toni Morrison
2000 Gladiator Historical epic Ridley Scott Russell Crowe United Kingdom, United States
2005 500 Years Later Documentary Owen 'Alik Shahadah United Kingdom, United States
2006 Amazing Grace Drama, Historical drama film Michael Apted United Kingdom, United States
2007 Trade Thriller Marco Kreuzpaintner Germany, United States
2010 The Slave Hunters Historical drama film Kwak Jung-hwan South Korea
2012 Lincoln Historical drama film, Historical epic Steven Spielberg United States Doris Kearns Goodwin
2012 Django Unchained Western Quentin Tarantino Jamie Foxx United States
2013 12 Years a Slave Historical drama film Steve McQueen Chiwetel Ejiofor United Kingdom, United States Twelve Years a Slave Solomon Northup
See also
1926 Slavery Convention
Abolition of slavery timeline
Coolie
Human trafficking
Indemnity
Indentured servant
International Day for the Abolition of Slavery
Involuntary servitude
List of slaves
List of slave owners
Peon
United Nations 1956 Supplementary Convention on the Abolition of Slavery
Wife selling
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118.Jump up ^ Rubinstein, W. D. (2004). Genocide: a history. Pearson Education. pp. 76–78. ISBN 0-582-50601-8.
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127.Jump up ^ Sons Of Providence: The Brown Brothers, the Slave Trade, and the American Revolution By Charles Rappleye. 2006 Simon & Schuster. 978-0743266871
128.Jump up ^ Richard S. Newman, Transformation of American abolitionism: fighting slavery in the early Republic chapter 1
129.Jump up ^ Kolchin p. 96
130.Jump up ^ Berlin pp. 161–162
131.^ Jump up to: a b Berlin pp. 168–169. Kolchin p. 96. Kolchin notes that Fogel and Engerman maintained that 84% of slaves moved with their families but "most other scholars assign far greater weight ... to slave sales. " Ransome (p. 582) notes that Fogel and Engermann based their conclusions on the study of some counties in Maryland in the 1830s and attempt to extrapolate that as reflective of the entire South over the entire period.
132.^ Jump up to: a b Robert C. Davis (December 5, 2003). Christian Slaves, Muslim Masters: White Slavery in the Mediterranean, the Barbary Coast, and Italy, 1500–1800. Palgrave Macmillan. ISBN 978-0-333-71966-4. Retrieved May 31, 2012.
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135.Jump up ^ Halil Inalcik. "Servile Labor in the Ottoman Empire" in A. Ascher, B. K. Kiraly, and T. Halasi-Kun (eds), The Mutual Effects of the Islamic and Judeo-Christian Worlds: The East European Pattern, Brooklyn College, 1979, pp. 25–43.
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137.Jump up ^ Fisher 'Muscovy and the Black Sea Slave Trade', pp. 580—582. [2]
138.Jump up ^ Soldier Khan By Mike Bennighof, Ph. D. September 2007
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145.Jump up ^ Remembering East African slave raids, BBC News, March 30, 2007
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148.Jump up ^ Milton, Giles (2004). White Gold: the Extraordinary Story of Thomas Pellow and North Africa's One Million European Slaves. Hodder. p. 352. ISBN 0-340-79469-0.
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152.Jump up ^ "Forced labour – Themes". Ilo.org. Archived from the original on 2010-02-09. Retrieved March 14, 2010.
153.Jump up ^ [3] Anti-Slavery Society "How many Slaves Are There?" " A recent newspaper article questioned the credibility of estimates by Professor Kevin Bales and others which give an estimate of 27 million slaves, or others who give an estimate of 100 million slaves."
154.Jump up ^ Bales, Kevin (1999). "1". Disposable People: New Slavery in the Global Economy. University of California Press. p. 9. ISBN 0-520-21797-7.
155.Jump up ^ A Global Alliance Against Forced Labour. International Labour Organisation. ISBN 92-2-115360-6.
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157.Jump up ^ "For 15 million in India, a childhood of slavery". The New York Times. January 30, 2003
158.Jump up ^ "Child Slaves Abandoned to India's Silk Industry". Human Rights Watch. January 23, 2003
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169.Jump up ^ "Nepal abolishes slave labour system". ABC News. September 8, 2008.
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173.Jump up ^ "Acme of Obscenity". Retrieved March 28, 2010.
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182.Jump up ^ Hernandez, Vladimir (June 26, 2010). "Forced labour clouds boom in Brazil's Amazon". BBC News. Retrieved August 29, 2010; Phillips, Tom (3 January 2009). "Brazilian taskforce frees more than 4,500 slaves after record number of raids on remote farms". The Guardian. Retrieved 8 February 2014.
183.Jump up ^ Report: 225,000 Haiti children in slavery, USATODAY.com, 2009-12-22. Retrieved February 16, 2010.
184.Jump up ^ IRAQ: Black Iraqis hoping for a Barack Obama win, Los Angeles Times
185.Jump up ^ Fiona Keating, "Iraq Slave Markets Sell Women for $10 to Attract Isis Recruits", International Business Times, October 4, 2014.
186.Jump up ^ Samuel Smith, "UN Report on ISIS: 24,000 Killed, Injured by Islamic State; Children Used as Soldiers, Women Sold as Sex Slaves", Christian Post, October 9, 2014.
187.Jump up ^ Associated Press and Dan Bloom, "Captured by ISIS and sold into slavery: 15-year-old Yazidi girl tells of her horrific ordeal at hands of jihadists after escaping to Turkey," Daily Mail, 12 October 2014.
188.Jump up ^ Brekke, Kira (8 September 2014). "ISIS Is Attacking Women, And Nobody Is Talking About It". The Huffington Post. Retrieved 11 September 2014.
189.Jump up ^ Steve Hopkins, "Full horror of the Yazidis who didn't escape Mount Sinjar: UN confirms 5,000 men were executed and 7,000 women are now kept as sex slaves," Mail Online, 14 October 2014
190.Jump up ^ Richard Spencer, "Isil carried out massacres and mass sexual enslavement of Yazidis, UN confirms," The Telegraph, 14 Oct. 2014
191.Jump up ^ Reuters, "Islamic State Seeks to Justify Enslaving Yazidi Women and Girls in Iraq," Newsweek, 10-13-2014
192.Jump up ^ Athena Yenko, "Judgment Day Justifies Sex Slavery Of Women – ISIS Out With Its 4th Edition Of Dabiq Magazine," International Business Times-Australia, October 13, 2014
193.Jump up ^ Allen McDuffee, "ISIS Is Now Bragging About Enslaving Women and Children," The Atlantic, Oct 13 2014
194.Jump up ^ Salma Abdelaziz, "ISIS states its justification for the enslavement of women," CNN, October 13, 2014
195.Jump up ^ Richard Spencer, "Thousands of Yazidi women sold as sex slaves 'for theological reasons', says Isil," The Daily Telegraph, 13 Oct 2014.
196.Jump up ^ Nour Malas, "Ancient Prophecies Motivate Islamic State Militants: Battlefield Strategies Driven by 1,400-year-old Apocalyptic Ideas," The Wall Street Journal, 18 November 2014 (accessed 22 November 2014)
197.Jump up ^ Fortin, Jacey (16 January 2013). "Mali's Other Crisis: Slavery Still Plagues Mali, And Insurgency Could Make It Worse". International Business Times.
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206.Jump up ^ "Slavery, Abduction and Forced Servitude in Sudan". U.S. Department of State. 22 May 2002. Retrieved 20 March 2014.
207.Jump up ^ "The Shackles of Slavery in Niger". ABC News. June 3, 2005. Retrieved August 29, 2010.
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212.Jump up ^ Thomas, Katie (March 12, 2007). "Congo's Pygmies live as slaves". The News & Observer. Archived from the original on February 28, 2009.
213.Jump up ^ As the World Intrudes, Pygmies Feel Endangered, New York Times
214.Jump up ^ U.S. Department of State Country Reports on Human Rights Practices, 2005 Human Rights Report on Côte d'Ivoire
215.Jump up ^ "88 Nigerian schoolgirls abducted by Islamic extremists still missing". The Guardian. Associated Press. 19 April 2014. Retrieved 23 April 2014.
216.^ Jump up to: a b Maclean, Ruth (17 April 2014) Nigerian schoolgirls still missing after military 'fabricated' rescue The Times, (may need a subscription to view online), Retrieved 10 May 2014
217.Jump up ^ Perkins, Anne (23 April 2014). "200 girls are missing in Nigeria – so why doesn't anybody care?". The Guardian. Retrieved 23 April 2014.
218.Jump up ^ "Nigerian Police Begin Documentation of Kidnapped Girls". Premium Times (All Africa). 2 May 2014. Retrieved 2 May 2014.
219.Jump up ^ "Authorities – 276 Kidnapped Girls Still Missing in Nigeria". VOA (Nigeria: All Africa). 2 May 2014. Retrieved 2 May 2014.
220.Jump up ^ Maclean, Ruth (3 May 2014 Nigerian school says 329 girl pupils missing The Times, (may need a subscription), Retrieved 10 May 2014
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223.Jump up ^ "Boko Haram kidnapped the 230 school girls as wives for its insurgents". The Rainbow. 29 April 2014. Retrieved 6 May 2014.
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225.Jump up ^ Hassan, Turaki A; Sule, Ibrahim Kabiru; Mutum, Ronald (29 April 2014). "Abducted girls moved abroad". Daily Trust. Retrieved 6 May 2014.
226.^ Jump up to: a b "Boko Haram admits abducting Nigeria girls from Chibok". BBC News. 5 May 2014. Retrieved 5 May 2014.
227.^ Jump up to: a b c Lister, Tim (6 May 2014). "Boko Haram: The essence of terror". CNN. Retrieved 13 May 2014.
228.Jump up ^ Anti-Slavery Society Convention, 1840, Benjamin Robert Haydon, 1841, National Portrait Gallery, London, NPG599, Given by British and Foreign Anti-Slavery Society in 1880
229.Jump up ^ Clarence-Smith, William. "Religions and the abolition of slavery—a comparative approach" (PDF). Retrieved 2013-08-28.
230.Jump up ^ The Earth and Its Peoples: A Global History. Cengage Learning. 2009. p. 165. ISBN 9780618992386.
231.Jump up ^ Encyclopedia of Antislavery and Abolition. Greenwood Publishing Group. 2011. p. 155. ISBN 9780313331435.
232.^ Jump up to: a b c Abolition Movement. Online Encyclopedia
233.Jump up ^ S. M.Wise, Though the Heavens May Fall, Pimlico (2005)
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235.Jump up ^ Anti-Slavery International UNESCO. Retrieved October 20, 2011
236.Jump up ^ Sailing against slavery. By Jo Loosemore. BBC – Devon – Abolition
237.Jump up ^ "The West African Sqron and slave trade". Pdavis.nl. Retrieved August 29, 2010.
238.Jump up ^ Foner, Eric. "Forgotten step towards freedom, " New York Times. December 30, 2007.
239.Jump up ^ Social Aspects of the Civil War. Department of the Interior National Park Service.
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241.Jump up ^ Kathleen Collins, "The Scourged Back," History of Photography 9 (January 1985): 43–45.[4]
242.Jump up ^ "Slave Emancipation and the Expansion of Islam, 1905–1914". p. 11.
243.Jump up ^ "The law against slavery". Religion & Ethics – Ethical issues. BBC News. Retrieved October 5, 2008.
244.^ Jump up to: a b "Pope Francis And Other Religious Leaders Sign Declaration Against Modern Slavery". The Huffington Post.
245.Jump up ^ "ILO seeks to charge Myanmar junta with atrocities". Reuters. November 16, 2006. Retrieved November 17, 2006.[dead link]
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248.Jump up ^ "BBC report on Mani case". BBC News. October 27, 2008. Retrieved August 29, 2010.
249.Jump up ^ North, Douglass C.; Robert Paul Thomas (December 1971). "The Rise and Fall of the Manorial System: A Theoretical Model". The Journal of Economic History 31 (4): 777–803. doi:10.1017/S0022050700074623. JSTOR 2117209.
250.Jump up ^ Domar, Evsey D. (March 1970). "The Causes of Slavery or Serfdom: A Hypothesis". The Journal of Economic History 30 (1): 18–32. JSTOR 2116721.
251.Jump up ^ Lagerlöf, Nils-Petter (November 12, 2006). "Slavery and other property rights". Ideas. repec.org. Retrieved May 6, 2009.
252.Jump up ^ "Technology". History.com. January 4, 2008. Archived from the original on April 23, 2008. Retrieved May 6, 2009.
253.Jump up ^ John R. McKivigan; Mitchell Snay (November 1, 1998). Religion and the Antebellum Debate Over Slavery. University of Georgia Press. pp. 68–. ISBN 978-0-8203-2076-2. Retrieved May 31, 2012.
254.Jump up ^ Charles L. Griswold (1999). Adam Smith and the Virtues of Enlightenment. Cambridge University Press. pp. 198–. ISBN 978-0-521-62891-4. Retrieved May 31, 2012.
255.^ Jump up to: a b Bryan Caplan. "Economics of Slavery Lecture Notes".
256.Jump up ^ name="slavery1"/
257.Jump up ^ Robert E. Wright, Fubarnomics (Buffalo, N. Y.: Prometheus, 2010), 83–116.
258.Jump up ^ Ellerman 1992.
259.Jump up ^ Thompson 1966, p. 599.
260.Jump up ^ Thompson 1966, p. 912.
261.Jump up ^ Ostergaard 1997, p. 133.
262.Jump up ^ Lazonick 1990, p. 37.
263.Jump up ^ "wage slave". merriam-webster.com. Retrieved 4 March 2013.
264.Jump up ^ "wage slave". dictionary.com. Retrieved 4 March 2013.
265.Jump up ^ "...vulgar are the means of livelihood of all hired workmen whom we pay for mere manual labour, not for artistic skill; for in their case the very wage they receive is a pledge of their slavery." – De Officiis [5]
266.Jump up ^ Marx 1990, p. 1006: "[L]abour-power, a commodity sold by the worker himself."
267.Jump up ^ Another one, of course, being the capitalists' theft from workers via surplus-value.
268.Jump up ^ Nelson 1995, p. 158. This Marxist objection is what motivated Nelson's essay, which argues that labour is not, in fact, a commodity.
269.Jump up ^ Adu Boahen, Topics In West African History p. 110
270.Jump up ^ "Afrikan Involvement In Atlantic Slave Trade, By Kwaku Person-Lynn, Ph. D". Africawithin.com. Archived from the original on April 18, 2008. Retrieved August 29, 2010.
271.Jump up ^ João C. Curto. Álcool e Escravos: O Comércio Luso-Brasileiro do Álcool em Mpinda, Luanda e Benguela durante o Tráfico Atlântico de Escravos (c. 1480–1830) e o Seu Impacto nas Sociedades da África Central Ocidental. Translated by Márcia Lameirinhas. Tempos e Espaços Africanos Series, vol. 3. Lisbon: Editora Vulgata, 2002. ISBN 978-972-8427-24-5.
272.^ Jump up to: a b "Ending the Slavery Blame-Game ". The New York Times. April 22, 2010.
273.^ Jump up to: a b "Benin Officials Apologize For Role In U.s. Slave Trade". Chicago Tribune. May 1, 2000.
274.Jump up ^ What the papers say, BBC News, September 22, 2006
275.Jump up ^ Blair 'sorrow' over slave trade, BBC News, November 27, 2006.
276.Jump up ^ Blair 'sorry' for UK slavery role BBC. Retrieved February 23, 2012.
277.Jump up ^ "Virginia 'sorry' for slavery role". BBC News. February 25, 2007. Retrieved August 29, 2010.
278.Jump up ^ Hale, Beth (August 23, 2007). "Livingstone breaks down in tears at slave trade memorial". Daily Mail (London). Retrieved August 29, 2010.
279.Jump up ^ Congress Apologizes for Slavery, Jim Crow NPR. Retrieved October 20, 2011
280.Jump up ^ "Barack Obama praises Senate slavery apology". Telegraph. June 19, 2009
281.Jump up ^ Agence France-Presse. "Obama praises 'historic' Senate slavery apology"[dead link]. Google News, June 18, 2009. Accessed 22 July 2009.
282.Jump up ^ Nitkin, David; Harry Merritt (March 2, 2007). "A New Twist to an Intriguing Family History". Baltimore Sun. Archived from the original on September 30, 2007.
283.Jump up ^ "Gaddafi apologizes for Arab slave traders". Press TV. October 11, 2010.
284.Jump up ^ An Idea Not Worth Drafting: Conscription is Slavery by Peter Krembs
285.Jump up ^ Nationalized Slavery; A policy Italy should dump by Dave Kopel refers to both the military and national service requirements of Italy as slavery.
286.Jump up ^ Are you a wage slave? WSPUS, 30 April 2010. Retrieved 17 February 2014.
287.Jump up ^ E. g., Machan, Tibor R. (April 13, 2000). "Tax Slavery". Ludwig von Mises Institute. Retrieved October 9, 2006.
288.Jump up ^ Spiegel, Marjorie. The Dreaded Comparison: Human and Animal Slavery, New York: Mirror Books, 1996.
289.Jump up ^ Psychiatric Slavery.
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291.Jump up ^ Michael T. Martin and David C. Wall, "The Politics of Cine-Memory: Signifying Slavery in the History Film," in Robert A. Rosenstone and Constantin Parvulesu, eds. A Companion to the Historical Film (Wiley-Blackwell, 2013), pp. 445–467.
292.Jump up ^ Melvyn Stokes, D.W. Griffith's the Birth of a Nation: A History of the Most Controversial Motion Picture of All Time (2008)
293.Jump up ^ Robert E. Morsberger, "Slavery and 'The Santa Fe Trail,' or, John Brown on Hollywood's Sour Apple Tree," American Studies (1977) 18#2 pp. 87–98. online
294.Jump up ^ Hernán Vera; Andrew M. Gordon (2003). Screen saviors: Hollywood fictions of whiteness. Rowman & Littlefield. pp. 54–56. ISBN 9780847699476.
295.Jump up ^ William L. Van Deburg, Slavery and Race in American Popular Culture (1984) covers films, fiction, television, and the stage.
296.Jump up ^ Natalie Zemon Davis, Slaves on Screen: Film and Historical Vision (2002) ch 2
297.Jump up ^ Davis, Slaves on Screen: Film and Historical Vision (2002) ch 3
298.Jump up ^ Steven Mintz, "Spielberg's Amistad and the History Classroom," The History Teacher (1998) 31#3 pp. 370–373 in JSTOR
299.Jump up ^ Davis, Slaves on Screen: Film and Historical Vision (2002)
300.Jump up ^ Ira Berlin, "American Slavery in History and Memory and the Search for Social Justice," Journal of American History (2004) 90#4 pp. 1251–1268. in JSTOR
301.Jump up ^ "Films about Slavery and the transAtlantic Slave Trade". Ama. africatoday.com. Retrieved June 3, 2011.
302.Jump up ^ IMDb Search
Bibliography and further reading
Surveys and reference
Bales, Kevin, Disposable People: New Slavery in the Global Economy (1999)
Campbell, Gwyn, Suzanne Miers, and Joseph C. Miller, eds. Women and Slavery. Volume 1: Africa, the Indian Ocean World, and the Medieval Atlantic; Women and Slavery. Volume 2: The Modern Atlantic (2007)
Davies, Stephen (2008). "Slavery, World". In Hamowy, Ronald. The Encyclopedia of Libertarianism. Thousand Oaks, CA: SAGE; Cato Institute. pp. 464–9. ISBN 978-1-4129-6580-4. LCCN 2008009151. OCLC 750831024.
Davis, David Brion. The Problem of Slavery in the Age of Revolution, 1770-1823 (1999)
Davis, David Brion. The Problem of Slavery in Western Culture (1988)
Drescher, Seymour. Abolition: A History of Slavery and Antislavery (2009) highly regarded history of slavery and its abolition, worldwide
Finkelman, Paul, ed. Encyclopedia of Slavery (1999)
Gordon, M. Slavery in the Arab World (1989)
Greene, Jacqueline. Slavery in Ancient Egypt and Mesopotamia, (2001), ISBN 0-531-16538-8
Joseph, Celucien L. Race, Religion, and The Haitian Revolution: Essays on Faith, Freedom, and Decolonization (CreateSpace Independent Publishing Platform, 2012)
Joseph, Celucien L. From Toussaint to Price-Mars: Rhetoric, Race, and Religion in Haitian Thought (CreateSpace Independent Publishing Platform, 2013)
Lal, K. S. (1994). "Muslim Slave System in Medieval India". ISBN 81-85689-67-9. Archived from the original on 2008-05-12.
Miers, Suzanne, and Igor Kopytoff, eds. Slavery In Africa: Historical & Anthropological Perspectives (1979)
Morgan, Kenneth. Slavery and the British Empire: From Africa to America (2008)
Postma, Johannes. The Atlantic Slave Trade, (2003)
Rodriguez, Junius P., ed., The Historical Encyclopedia of World Slavery (1997)
Rodriguez, Junius P., ed. Slavery in the United States: A Social, Political, and Historical Encyclopedia (2007)
Shell, Robert Carl-Heinz Children Of Bondage: A Social History Of The Slave Society At The Cape Of Good Hope, 1652–1813 (1994)
Westermann, William Linn The Slave Systems of Greek and Roman Antiquity (1955), ISBN 0-87169-040-3
Uncited sourcesHogendorn, Jan and Johnson Marion: The Shell Money of the Slave Trade. African Studies Series 49, Cambridge University Press, Cambridge, 1986.
The Slavery Reader, ed. by Rigas Doganis, Gad Heuman, James Walvin, Routledge 2003
United StatesBaptist, Edward E. The Half Has Never Been Told: Slavery and the Making of American Capitalism. Basic Books (2014). ISBN 046500296X
Berlin, Ira. Many Thousands Gone: The First Two Centuries of Slavery in North America (1999), most important recent survey
Blackmon, Douglas A. Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II Doubleday (March 23, 2008), ISBN 0-385-50625-2 ISBN 978-0-385-50625-0
Boles, John. Black Southerners: 1619–1869 (1983) brief survey
Engerman, Stanley L. Terms of Labor: Slavery, Serfdom, and Free Labor (1999)
Genovese Eugene D. Roll, Jordan Roll (1974), classic study Richard H. King, "Marxism and the Slave South", American Quarterly 29 (1977), 117–31, a critique of Genovese
Escott, Paul D. "Remembering Slavery: African Americans Talk about Their Personal Experiences of Slavery and Freedom" Journal of Southern History, Vol. 67, 2001[dead link]
Mintz, S. "Slavery Facts & Myths". Digital History. Archived from the original on 2006-11-06.
Parish, Peter J. Slavery: History and Historians (1989)
Phillips, Ulrich B. American Negro Slavery: A Survey of the Supply, Employment and Control of Negro Labor as Determined by the Plantation Regime (1918; paperback reprint 1966), southern white perspective
Phillips, Ulrich B. Life and Labor in the Old South (1929)
Sellers, James B. Slavery in Alabama (1950).
Sydnor, Charles S. Slavery in Mississippi (1933)
Stamp, Kenneth M. The Peculiar Institution: Slavery in the Ante-Bellum South (1956), a rebuttal of U B Philipps
Trenchard, David (2008). "Slavery in America". In Hamowy, Ronald. The Encyclopedia of Libertarianism. Thousand Oaks, CA: SAGE; Cato Institute. pp. 469–70. ISBN 978-1-4129-6580-4. LCCN 2008009151. OCLC 750831024.
Vorenberg, Michael. Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment (2001)
Weinstein, Allen, Frank O. Gatell, and Lewis Sarasohn, eds., American Negro Slavery: A Modern Reader, third ed. (1978)
Slavery in the modern eraJesse Sage and Liora Kasten, Enslaved: True Stories of Modern Day Slavery, Palgrave Macmillan, 2008 ISBN 978-1-4039-7493-8
Tom Brass, Marcel van der Linden, and Jan Lucassen, Free and Unfree Labour. Amsterdam: International Institute for Social History, 1993
Tom Brass, Towards a Comparative Political Economy of Unfree Labour: Case Studies and Debates, London and Portland, OR: Frank Cass Publishers, 1999. 400 pages.
Tom Brass and Marcel van der Linden, eds., Free and Unfree Labour: The Debate Continues, Bern: Peter Lang AG, 1997. 600 pages. A volume containing contributions by all the most important writers on modern forms of unfree labour.
Kevin Bales, Disposable People. New Slavery in the Global Economy, Revised Edition, University of California Press 2004, ISBN 0-520-24384-6
Kevin Bales (ed.), Understanding Global Slavery Today. A Reader, University of California Press 2005, ISBN 0-520-24507-5
Kevin Bales, Ending Slavery: How We Free Today's Slaves, University of California Press 2007, ISBN 978-0-520-25470-1.
Mende Nazer and Damien Lewis, Slave: My True Story, ISBN 1-58648-212-2. Mende is a Nuba, captured at 12 years old. She was granted political asylum by the British government in 2003.
Gary Craig, Aline Gaus, Mick Wilkinson, Klara Skrivankova and Aidan McQ e (2007). Contemporary slavery in the UK: Overview and key issues, Joseph Rowntree Foundation. ISBN 978-1-85935-573-2.
David Hawk, The Hidden Gulag - Slave Labor Camps in North Korea, Washington DC: Committee for Human Rights in North Korea, 2012, ISBN 0-615-62367-0
Somaly Mam Foundation
Thomas Sowell, The Real History of Slavery, in: Black Rednecks and White Liberals, San Francisco: Encounter Books, 2005. ISBN 978-1-59403-086-4.
External links
Wikimedia Commons has media related to Slavery.
Look up slavery in Wiktionary, the free dictionary.
Wikiquote has quotations related to: Slavery
Wikisource has the text of the 1905 New International Encyclopedia article Slavery.
Historical
Slavery Resource Guide, from the Library of Congress
Digital Library on American Slavery
African Holocaust
Emory and Oxford College
"Slavery Fact Sheets". Digital History. Archived from the original on 2014-02-09.
The West African Sqron and slave trade
Slavery – PBS
Understanding Slavery
Slavery
Slavery Museum. Great Britain.[dead link]
http://www.ull.ac.uk/specialcollections/archives/slaveryarchivesources.shtml Archives on slavery held by the University of London] (archive)
Mémoire St Barth (archives & history of slavery, slave trade and their abolition), Comité de Liaison et d'Application des Sources Historiques.
Archives of the Middelburgsche Commercie Compagnie (MCC) 'Trade Company of Middelburg' (Inventory of the archives of the Dutch slave trade across the Atlantic)
Modern
news-politics, modern-slavery Modern Slavery - slideshow by The First Post
Slavery – PBS
Walk Free Foundation – Global Slavery Index 2013 | Explore the Index
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Slave Narratives
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Captivity narrative
Individuals
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Africa
Robert Adams (b. c. 1790 US) ·
Francis Bok (b. 1979 Sudan) ·
James Leander Cathcart (1 June 1767 Ire – 6 October 1843 US) ·
Mende Nazer (1982-) ·
Thomas Pellow (b. 1705 Eng – ?) ·
Joseph Pitts (1663–1735?) Englishman captured by pirates from Algeria
Caribbean
Juan Francisco Manzano (1797 – 1854, Cuba) ·
Esteban Montejo (1860-1965, Cuba) ·
Mary Prince ·
Venerable Pierre Toussaint (1766 Saint-Dominque – June 30, 1853 NY) ·
Marcos Xiorro (c. 1819 - ???, Puerto Rico)
Europe
Lovisa von Burghausen (1698-1733) ·
Olaudah Equiano (c. 1745 Nigeria – 31 March 1797 Eng) ·
Ukawsaw Gronniosaw (c. 1705 Bornu – 1775 Eng) ·
Roustam Raza (1783-1845) ·
Brigitta Scherzenfeldt (1684-1736)
North America:
Canada
Marie-Joseph Angélique (c. 1710 Portugal – 1734 Montreal)
North America:
United States
Sam Aleckson ·
Jordan Anderson ·
William J. Anderson ·
Jared Maurice Arter ·
Solomon Bayley ·
Polly Berry ·
Henry Bibb ·
Leonard Black ·
Henry "Box" Brown ·
John Brown ·
William Wells Brown ·
Peter Bruner (1845 KY – 1938 OH) ·
Ellen and William Craft ·
Hannah Crafts ·
Lucinda Davis ·
Noah Davis ·
Lucy Delaney ·
Ayuba Suleiman Diallo ·
Frederick Douglass ·
Kate Drumgoold ·
Jordan Winston Early (1814 – after 1894) ·
Sarah Jane Woodson Early ·
David George ·
Moses Grandy ·
William Green (19th century MD) ·
Josiah Henson ·
Fountain Hughes (1848/1854 VA – 1957) ·
John Andrew Jackson ·
Harriet Ann Jacobs ·
John Jea ·
Thomas James (minister) ·
Paul Jennings (1799-1874) ·
Elizabeth Keckley ·
Boston King ·
Lunsford Lane ·
J. Vance Lewis ·
Jermain Wesley Loguen ·
Solomon Northup ·
John Parker (1827 VA – 1900) ·
William Parker ·
James Robert ·
Moses Roper ·
Omar ibn Said ·
William Henry Singleton ·
Venture Smith ·
Austin Steward (1793 VA – 1860) ·
Venerable Pierre Toussaint (1766 Saint-Dominque – 1853 NY) ·
Harriet Tubman ·
Wallace Turnage ·
Bethany Veney ·
Booker T. Washington ·
Wallace Willis (19th century Indian Territory) ·
Harriet E. Wilson ·
Zamba Zembola (b. c. 1780 Congo) ·
See also Treatment of slaves in the US, Exodus narrative in Antebellum America, Slavery among the indigenous peoples of the Americas
Books
Non-fiction
The Interesting Narrative of the Life of Olaudah Equiano (1789) ·
The Narrative of Robert Adams (1816) ·
Narrative of the Life of Frederick Douglass, an American Slave (1845) ·
The Life of Josiah Henson (1849) ·
Twelve Years a Slave (1853) ·
My Bondage and My Freedom (1855) ·
Incidents in the Life of a Slave Girl (1861) ·
The Underground Railroad Records (1872) ·
Up from Slavery (1901) ·
The Slave Community (1972)
Fiction
Oroonoko (1688) ·
Uncle Tom's Cabin (1852) ·
The Heroic Slave (1852) ·
Clotel (1853) ·
Dred: A Tale of the Great Dismal Swamp (1856) ·
The Bondwoman's Narrative (1853?-1861?) ·
Our Nig (1859) ·
Confessions of Nat Turner (1967) ·
Jubilee (1966) ·
Roots: The Saga of an American Family (1976) ·
Underground to Canada (1977) ·
Kindred (1979) ·
Dessa Rose (1986) ·
Beloved (1987) ·
Middle Passage (1990) ·
Queen: The Story of an American Family (1993) ·
Walk Through Darkness (2002) ·
The Known World (2003) ·
Unburnable (2006) ·
The Book of Negroes (2007)
Child / Young adult
I, Juan de Pareja (1965) ·
The Slave-girl from Jerusalem (2007)
Essay
To a Southern Slaveholder (1848) ·
A Key to Uncle Tom's Cabin (1853)
Related
African-American literature ·
Caribbean literature ·
Films featuring slavery ·
Songs of the Underground Railroad ·
Book of Negroes (1783) ·
Slave Songs of the United States (1867)
Documentaries
Unchained Memories (2003) ·
Frederick Douglass and the White Negro (2008)
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Slavery
From Wikipedia, the free encyclopedia
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"Slave" and "Slaves" redirect here. For a 1969 film, see Slaves (film). For other uses, see Slave (disambiguation).
Slavery
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Slavery is a legal or economic system under which people are treated as property.[1] While laws and systems vary, as property, slaves may be bought and sold. Slaves can be held from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work or to demand compensation.
Slavery existed before written history and in many cultures.[2] It was once institutionally recognized by most societies, but has now been outlawed in all countries,[3][4] the last being Mauritania in 1981. However, it continues through such practices as debt bondage, serfdom, domestic servants kept in captivity, certain adoptions in which children are forced to work as slaves, child soldiers, human trafficking and forced marriage.[5] Accordingly, there are still an estimated 20 million to 36 million slaves worldwide.[6][7][8]
Contents [hide]
1 Terminology
2 Types 2.1 Chattel slavery
2.2 Bonded labor
2.3 Forced labor
2.4 Forced marriage
2.5 Dependent
3 History 3.1 Early history
3.2 Classical antiquity
3.3 Middle Ages 3.3.1 Medieval and Early Modern Europe
3.3.2 Islamic world
3.4 Modern history 3.4.1 Europe
3.4.2 Africa
3.4.3 Asia
3.4.4 Americas
3.4.5 Middle East
4 Present day 4.1 Distribution
4.2 Economics
4.3 Trafficking
4.4 Examples 4.4.1 Asia
4.4.2 South America and Caribbean
4.4.3 Middle East
4.4.4 Africa
5 Abolitionism
6 Remnants of slavery 6.1 Legal actions
7 Economics 7.1 Wage slavery
8 Apologies 8.1 Reparations
9 Other uses of the term
10 In film
11 See also
12 References
13 Bibliography and further reading 13.1 Surveys and reference
14 External links 14.1 Historical
14.2 Modern
Terminology
The English word slave comes from Old French sclave, from the Medieval Latin sclavus, from the Byzantine Greek σκλάβος, which, in turn, comes from the ethnonym Slav, because in some early Medieval wars many Slavs were captured and enslaved.[9][10] An older theory connected it to the Greek verb skyleúo 'to strip a slain enemy'.[11]
There is a dispute among modern historians about whether the term "enslaved person" rather than "slave" should be used when describing the victims of slavery. According to those proposing a change in terminology, "slave" perpetuates the crime of slavery in language, by reducing its victims to a nonhuman noun instead of, according to Andi Cumbo-Floyd, "carry[ing] them forward as people, not the property that they were". Other historians prefer "slave" because the term is familiar and shorter, or because it accurately reflects the inhumanity of slavery, with "person" implying a degree of autonomy that slavery did not allow for.[12]
Types
Photograph of a slave boy in Zanzibar. 'An Arab master's punishment for a slight offence.' c. 1890.
Chattel slavery
Chattel slavery, also called traditional slavery, is so named because people are treated as the chattel (personal property) of an owner and are bought and sold as if they were commodities. It is the least prevalent form of slavery in the world today.[13]
Bonded labor
Main article: Bonded labor
Debt bondage or bonded labor occurs when a person pledges himself or herself against a loan.[3] The services required to repay the debt, and their duration, may be undefined.[3] Debt bondage can be passed on from generation to generation, with children required to pay off their parents' debt.[3] It is the most widespread form of slavery today.[14] Debt bondage is most prevalent in South Asia.[15]
Forced labor
Main article: Forced labor
See also: Child labor and Prostitution
Forced labor occurs when an individual is forced to work against his or her will, under threat of violence or other punishment, with restrictions on their freedom.[14] Human trafficking is primarily for prostituting women and children[16] and is the fastest growing form of forced labor,[14] with Thailand, Cambodia, India, Brazil and Mexico having been identified as leading hotspots of commercial sexual exploitation of children.[17]
The term 'forced labor' is also used to describe all types of slavery and may also include institutions not commonly classified as slavery, such as serfdom, conscription and penal labor.
Forced marriage
Main article: Forced marriage
See also: Marriage by abduction, Child marriage, Dowry and Bride price
A forced marriage can be regarded as a form of slavery if one of the parties, usually the female, is subject to violence, threats, intimidation etc. and required to engage in sexual activity and perform domestic duties and other work without any personal control. The customs of bride price and dowry, that exist in many parts of the world, can lead to buying and selling people into marriage.[18][19] Forced marriage continues to be practiced in parts of the world including South Asia, East Asia and Africa. Forced marriages may also occur in immigrant communities in Europe, United States, Canada and Australia.[20][21][22][23] Marriage by abduction occurs in many places in the world today, with a national average of 69% of marriages in Ethiopia being through abduction.[24]
The International Labour Organisation defines child and forced marriage as forms of modern-day slavery.[25]
Dependent
The word "slave" has also been used to express a general dependency from somebody else.[26][27] In many cases, such as in ancient Persia, the situation and lives of such slaves could be better than those of other common citizens.[28]
History
Main article: History of slavery
Slaves working in a mine. Ancient Greece.
Slaves in chains, relief found at Smyrna (present day İzmir, Turkey), 200 AD
Early history
Evidence of slavery predates written records, and has existed in many cultures.[2] Graves dating to 8000 BC in Egypt may show the enslavement of a San-like tribe.[dubious – discuss][Capoid remains not found this far north][29] Slavery is rare among hunter-gatherer populations. Mass slavery also requires economic surpluses and a high population density to be viable. Due to these factors, the practice of slavery would have only proliferated after the invention of agriculture during the Neolithic Revolution about 11,000 years ago.[30]
In the earliest known records slavery is treated as an established institution. The Code of Hammurabi (ca. 1760 BC), for example, prescribed death for anyone who helped a slave to escape or who sheltered a fugitive.[31] The Bible mentions slavery as an established institution.[2]
Slavery was known in almost every ancient civilization, and society, including Sumer, Ancient Egypt, Ancient China, the Akkadian Empire, Assyria, Ancient India, Ancient Greece, the Roman Empire, the Islamic Caliphate, the Hebrew kingdoms in Palestine, and the pre-Columbian civilizations of the Americas.[2] Such institutions included debt-slavery, punishment for crime, the enslavement of prisoners of war, child abandonment, and the birth of slave children to slaves.[32]
Classical antiquity
Main articles: Slavery in ancient Greece and Slavery in ancient Rome
The work of the Mercedarians was in ransoming Christian slaves held in Muslim hands (1637).
Records of slavery in Ancient Greece go as far back as Mycenaean Greece. It is certain that Classical Athens had the largest slave population, with as many as 80,000 in the 6th and 5th centuries BC;[33] two to four-fifths of the population were slaves.[34] As the Roman Republic expanded outward, entire populations were enslaved, thus creating an ample supply from all over Europe and the Mediterranean. Greeks, Illyrians, Berbers, Germans, Britons, Thracians, Gauls, Jews, Arabs, and many more were slaves used not only for labour, but also for amusement (e. g. gladiators and sex slaves). This oppression by an elite minority eventually led to slave revolts (see Roman Servile Wars); the Third Servile War led by Spartacus being the most famous and severe.
By the late Republican era, slavery had become a vital economic pillar in the wealth of Rome, as well as a very significant part of Roman society.[35] It is estimated that 25% or more of the population of Ancient Rome was enslaved.[36] According to some scholars, slaves represented 35% or more of Italy's population.[37] Estimates of the number of slaves in the Roman Empire range from 60 million to 100 million, with 400,000 in the city of Rome.[38][39]
Middle Ages
Medieval and Early Modern Europe
Main articles: Slavery in medieval Europe and Barbary slave trade
See also: Serfdom
Adalbert of Prague accuses the Jews of the Christian slave trade against Boleslaus II, Duke of Bohemia, relief of Gniezno Doors
Large-scale trading in slaves was mainly confined to the South and East of early medieval Europe: the Byzantine Empire and the Muslim world were the destinations, while pagan Central and Eastern Europe (along with the Caucasus and Tartary) were important sources. Viking, Arab, Greek, and Radhanite Jewish merchants were all involved in the slave trade during the Early Middle Ages.[40][41][42] The trade in European slaves reached a peak in the 10th century following the Zanj rebellion which dampened the use of African slaves in the Arab world.[43][44]
Medieval Spain and Portugal were the scene of almost constant Muslim invasion of the predominantly Christian area. Periodic raiding expeditions were sent from Al-Andalus to ravage the Iberian Christian kingdoms, bringing back booty and slaves. In raid against Lisbon, Portugal in 1189, for example, the Almohad caliph Yaqub al-Mansur took 3,000 female and child captives, while his governor of Córdoba, in a subsequent attack upon Silves, Portugal in 1191, took 3,000 Christian slaves.[45] From the 11th to the 19th century, North African Barbary Pirates engaged in Razzias, raids on European coastal towns, to capture Christian slaves to sell at slave markets in places such as Algeria and Morocco.[46][47]
Depiction of socage on the royal demesne in feudal England, ca. 1310. Socage is an aspect of serfdom, not usually included under the term "slavery".
In Britain, slavery continued to be practiced following the fall of Rome and sections of Hywel the Good's laws dealt with slaves in medieval Wales. The trade particularly picked up after the Viking invasions, with major markets at Chester[48] and Bristol[49] supplied by Danish, Mercian, and Welsh raiding of one another's borderlands. At the time of the Domesday Book (1086), nearly 10% of the English population were slaves.[50] Slavery in early medieval Europe was so common that the Roman Catholic Church repeatedly prohibited it — or at least the export of Christian slaves to non-Christian lands was prohibited at e. g. the Council of Koblenz (922), the Council of London (1102), and the Council of Armagh (1171).[51] In 1452, Pope Nicholas V issued the papal bull Dum Diversas, granting the kings of Spain and Portugal the right to reduce any "Saracens (antiquated term referring to Muslims), pagans and any other unbelievers" to perpetual slavery, legitimizing the slave trade as a result of war.[52] The approval of slavery under these conditions was reaffirmed and extended in his Romanus Pontifex bull of 1455. However, Pope Paul III forbade enslavement of the native Americans in 1537 in his papal bull Sublimus Dei.[53] Dominican friars who arrived at the Spanish settlement at Santo Domingo strongly denounced the enslavement of the local native Americans. Along with other priests, they opposed their treatment as unjust and illegal in an audience with the Spanish king and in the subsequent royal commission.[54]
Crimean Tatar raiders enslaved more than 1 million Eastern Europeans.[55]
The Byzantine-Ottoman wars and the Ottoman wars in Europe brought large numbers of slaves into the Islamic world.[56] To staff its bureaucracy the Ottoman Empire established a janissary system which seized hundreds of thousands of Christian boys through the devşirme system. They were well cared for but were legally slaves owned by the government and were not allowed to marry. They were never bought or sold. The Empire gave them significant administrative and military roles. The system began about 1365; there were 135,000 janissaries in 1826, when the system ended.[57] After the Battle of Lepanto 12,000 Christian galley slaves were recaptured and freed from the Ottoman fleet.[58] Eastern Europe suffered a series of Tatar invasions, the goal of which was to loot and capture slaves into jasyr.[59] Seventy-five Crimean Tatar raids were recorded into Poland–Lithuania between 1474 and 1569.[60]
Approximately 10–20% of the rural population of Carolingian Europe consisted of slaves.[61] Slavery largely disappeared from Western Europe by the later Middle Ages.[62] The slave trade became illegal in England in 1102,[63] but England went on to become very active in the lucrative Atlantic slave trade from the seventeenth to the early nineteenth century. In Scandinavia, thralldom was abolished in the mid-14th century.[64] Slavery persisted longer in Eastern Europe. Slavery in Poland was forbidden in the 15th century; in Lithuania, slavery was formally abolished in 1588; they were replaced by the second serfdom. In Kievan Rus and Muscovy, the slaves were usually classified as kholops.
Islamic world
Main article: Arab slave trade
13th century slave market in Yemen. Yemen officially abolished slavery in 1962.[65]
In early Islamic states of the Western Sudan (present-day West Africa), including Ghana (750–1076), Mali (1235–1645), Segou (1712–1861), and Songhai (1275–1591), about a third of the population were enslaved.[66]
Ibn Battuta indicates several times that he was given or purchased slaves.[67] The great 14th-century scholar Ibn Khaldun, wrote: "the Black nations are, as a rule, submissive to slavery, because (Blacks) have little that is (essentially) human and possess attributes that are quite similar to those of dumb animals".[68] Slaves were purchased or captured on the frontiers of the Islamic world and then imported to the major centers, where there were slave markets from which they were widely distributed.[69][70][71] In the 9th and 10th centuries, the black Zanj slaves may have constituted at least a half of the total population in lower Iraq.[66] At the same time, many slaves in the region were also imported from Central Asia and the Caucasus.[66] Many slaves were taken in the wars with the Christian nations of medieval Europe.
In the Thousand and One Nights there are mentions of white slaves.[72]
Modern history
Europe
See also: Crimean-Nogai raids into East Slavic lands
An 1852 Wallachian poster advertising an auction of Roma slaves in Bucharest.
Author David P. Forsythe has written: "In 1649 up to three-quarters of Muscovy's peasants, or 13 to 14 million people, were serfs whose material lives were barely distinguishable from slaves. Perhaps another 1.5 million were formally enslaved, with Russian slaves serving Russian masters. "[73] Slavery remained a major institution in Russia until 1723, when Peter the Great converted the household slaves into house serfs. Russian agricultural slaves were formally converted into serfs earlier in 1679.[74] Russia's more than 23 million privately held serfs were freed by the Emancipation reform of 1861.[75] State-owned serfs were emancipated in 1866.[76]
Until the late 18th century, the Crimean Khanate (a Muslim Tatar state) maintained a massive slave trade with the Ottoman Empire and the Middle East,[59] exporting about 2 million slaves from Poland-Lithuania and Russia over the period 1500–1700.[77]
During the Second World War (1939–1945) Nazi Germany effectively enslaved about 12 million people, both those considered undesirable and citizens of countries they conquered.[78]
Africa
Main article: Slavery in Africa
The main routes that were used to transport slaves across medieval Africa.
In Algiers, the capital of Algeria in Northern Africa, Christians and Europeans that were captured had been forced into slavery. This eventually led to the Bombardment of Algiers in 1816.[79][80]
Slave traders in Gorée, Senegal, 18th century
Half the population of the Sokoto caliphate of the 19th century were slaves.[66] The Swahili-Arab slave trade reached its height about 150 years ago, when, for example, approximately 20,000 slaves were considered to be carried yearly from Nkhotakota on Lake Malawi to Kilwa.[81] Roughly half the population of Madagascar was enslaved.[66][82]
According to the Encyclopedia of African History, "It is estimated that by the 1890s the largest slave population of the world, about 2 million people, was concentrated in the territories of the Sokoto Caliphate. The use of slave labor was extensive, especially in agriculture. "[83][84] The Anti-Slavery Society estimated there were 2 million slaves in Ethiopia in the early 1930s out of an estimated population of between 8 and 16 million.[85]
Arab slave traders and their captives along the Ruvuma river (in today's Tanzania and Mozambique).
Hugh Clapperton in 1824 believed that half the population of Kano were enslaved people.[86] W. A. Veenhoven wrote: "The German doctor, Gustav Nachtigal, an eye-witness, believed that for every slave who arrived at a market three or four died on the way ... Keltie (The Partition of Africa, London, 1920) believes that for every slave the Arabs brought to the coast at least six died on the way or during the slavers' raid. Livingstone puts the figure as high as ten to one. "[87]
One of the most famous slave traders on the eastern Zanj (Bantu) coast was Tippu Tip, who was the grandson of a slave. The prazeros were slave traders along the Zambezi. North of the Zambezi, the waYao and Makua people played a similar role as professional slave raiders and traders. Still further north were the Nyamwezi slave traders.[88]
Asia
See also: History of slavery in Asia
A contract from the Tang dynasty that records the purchase of a 15-year-old slave for six bolts of plain silk and five Chinese coins.
In Constantinople about one-fifth of the population consisted of slaves.[66] The city was a major center of the slave trade in the 15th and later centuries. By 1475 most of the slaves were provided by Tatar raids on Slavic villages.[89] It has been estimated that some 200,000 slaves—mainly Circassians—were imported into the Ottoman Empire between 1800 and 1909.[90] As late as 1908, women slaves were still sold in the Ottoman Empire.[91] A slave market for captured Russian and Persian slaves was centred in the Central Asian khanate of Khiva.[92] In the early 1840s, the population of the Uzbek states of Bukhara and Khiva included about 900,000 slaves.[90] Darrel P. Kaiser wrote, "Kazakh-Kirghiz tribesmen kidnapped 1573 settlers from colonies [German settlements in Russia] in 1774 alone and only half were successfully ransomed. The rest were killed or enslaved. "[93]
According to Sir Henry Bartle Frere (who sat on the Viceroy's Council), there were an estimated 8 or 9 million slaves in India in 1841. About 15% of the population of Malabar were slaves. Slavery was abolished in British India by the Indian Slavery Act V. of 1843.[2]
In East Asia, the Imperial government formally abolished slavery in China in 1906, and the law became effective in 1910.[94] The Nangzan in Tibetan history were, according to Chinese sources, hereditary household slaves.[95]
Indigenous slaves existed in Korea. Slavery was officially abolished with the Gabo Reform of 1894 but continued in reality until 1930. During the Joseon Dynasty (1392–1910) about 30% to 50% of the Korean population were slaves.[2] In late 16th century Japan slavery as such was officially banned, but forms of contract and indentured labor persisted alongside the period penal codes' forced labor.[96]
The hill tribe people in Indochina were "hunted incessantly and carried off as slaves by the Siamese (Thai), the Anamites (Vietnamese), and the Cambodians. "[97] A Siamese military campaign in Laos in 1876 was described by a British observer as having been "transformed into slave-hunting raids on a large scale".[98] The census, taken in 1879, showed that 6% of the population in the Malay sultanate of Perak were slaves.[90] Enslaved people made up about two-thirds of the population in part of North Borneo in the 1880s.[90]
Americas
Further information: Atlantic slave trade, Encomienda, Mita (Inca), Slavery in Brazil and Slavery in the United States
The Brazilian slave-hunter, 1823, by Johann Moritz Rugendas.
Slavery in the Americas had a contentious history, and played a major role in the history and evolution of some countries, triggering at least one revolution and one civil war, as well as numerous rebellions. The Aztecs had slaves.[99] Other Amerindians, such as the Inca of the Andes, the Tupinambá of Brazil, the Creek of Georgia, and the Comanche of Texas, also owned slaves.[2]
The maritime town of Lagos was the first slave market created in Portugal (one of the earliest colonizers of the Americas) for the sale of imported African slaves—the Mercado de Escravos, opened in 1444.[100][101] In 1441, the first slaves were brought to Portugal from northern Mauritania.[101]
In 1519, Mexico's first Afro-Mexican slave was brought by Hernán Cortés.
By 1552, black African slaves made up 10% of the population of Lisbon.[102][103] In the second half of the 16th century, the Crown gave up the monopoly on slave trade and the focus of European trade in African slaves shifted from import to Europe to slave transports directly to tropical colonies in the Americas—in the case of Portugal, especially Brazil.[101] In the 15th century one-third of the slaves were resold to the African market in exchange of gold.[104]
In order to establish itself as an American empire Spain had to fight against the relatively powerful civilizations of the New World. The Spanish conquest of the indigenous peoples in the Americas included using the Natives as forced labour. The Spanish colonies were the first Europeans to use African slaves in the New World on islands such as Cuba and Hispaniola, see Atlantic slave trade.[105]
The public flogging of a slave in Rio de Janeiro, Brazil. From Jean Baptiste Debret, Voyage Pittoresque et Historique au Brésil (1834–1839).
Bartolomé de Las Casas a 16th-century Dominican friar and Spanish historian participated in campaigns in Cuba (at Bayamo and Camagüey) and was present at the massacre of Hatuey; his observation of that massacre led him to fight for a social movement away from the use of natives as slaves and towards the importation of African Blacks as slaves. Also, the alarming decline in the native population had spurred the first royal laws protecting the native population (Laws of Burgos, 1512–1513).
The first African slaves arrived in Hispaniola in 1501.[106] In 1518, Charles I of Spain agreed to ship slaves directly from Africa. England played a prominent role in the Atlantic slave trade. The "slave triangle" was pioneered by Francis Drake and his associates. In 1640 a Virginia court sentenced John Punch to slavery, forcing him to serve his master,Hugh Gwyn, for the remainder of his life. This was the first legal sanctioning of slavery in the English colonies.[107][108] In 1655, A black man, Anthony Johnson of Virginia, was granted ownership of John Casor as the result of a civil case.[109] By 1750, slavery was a legal institution in all of the 13 American colonies,[110][111] and the profits of the slave trade and of West Indian plantations amounted to 5% of the British economy at the time of the Industrial Revolution. [112]
The Transatlantic slave trade peaked in the late 18th century, when the largest number of slaves were captured on raiding expeditions into the interior of West Africa. These expeditions were typically carried out by African kingdoms, such as the Oyo empire (Yoruba), the Ashanti Empire,[113] the kingdom of Dahomey,[114] and the Aro Confederacy.[115] Europeans rarely entered the interior of Africa, due to fierce African resistance. The slaves were brought to coastal outposts where they were traded for goods. A significant portion of African Americans in North America are descended from Mandinka people.[116] Through a series of conflicts, primarily with the Fulani Jihad States, about half of the Senegambian Mandinka were converted to Islam while as many as a third were sold into slavery to the Americas through capture in conflict.[116]
Slaves on a Virginia plantation (The Old Plantation, c. 1790).
Mid 19th century portrait of an older New Orleans woman with her child slave servant.
An estimated 12 million Africans arrived in the Americas from the 16th to the 19th centuries.[117] Of these, an estimated 645,000 were brought to what is now the United States. The usual estimate is that about 15% of slaves died during the voyage, with mortality rates considerably higher in Africa itself in the process of capturing and transporting indigenous peoples to the ships. Approximately 6 million black Africans were killed by others in tribal wars.[118]
Many Europeans who arrived in North America during the 17th and 18th centuries came under contract as indentured servants.[119] The transformation from indentured servitude to slavery was a gradual process in Virginia. The earliest legal documentation of such a shift was in 1640 where a negro, John Punch, was sentenced to lifetime slavery for attempting to run away. This case also marked the disparate treatment of Africans as held by the Virginia County Court, as two white runaways received far lesser sentences.[120] After 1640, planters started to ignore the expiration of indentured contracts and kept their servants as slaves for life. This was demonstrated by the case Johnson v. Parker where the court ruled that John Casor, an indentured servant, be returned to Johnson who claimed that Casor belonged to him for his life.[121][122] According to the 1860 U. S. census, 393,975 individuals, representing 8% of all US families, owned 3,950,528 slaves.[123] One-third of Southern families owned slaves.[124]
Funeral at slave plantation, Suriname. Colored lithograph printed circa 1840–1850, digitally restored.
The largest number of slaves were shipped to Brazil.[125] In the Spanish viceroyalty of New Granada, corresponding mainly to modern Panama, Colombia, and Venezuela, the free black population in 1789 was 420,000, whereas African slaves numbered only 20,000. Free blacks also outnumbered slaves in Brazil. By contrast, in Cuba free blacks made up only 15% in 1827; and in the French colony of Saint-Domingue (present-day Haiti) it was a mere 5% in 1789.[126]
Author Charles Rappleye argued that
In the West Indies in particular, but also in North and South America, slavery was the engine that drove the mercantile empires of Europe..It appeared, in the eighteenth century, as universal and immutable as human nature.[127]
Lady in litter being carried by her slaves, province of São Paulo in Brazil, ca.1860.
Although the trans-Atlantic slave trade ended shortly after the American Revolution, slavery remained a central economic institution in the Southern states of the United States, from where slavery expanded with the westward movement of population.[128] Historian Peter Kolchin wrote, "By breaking up existing families and forcing slaves to relocate far from everyone and everything they knew" this migration "replicated (if on a reduced level) many of [the] horrors" of the Atlantic slave trade.[129]
Historian Ira Berlin called this forced migration the Second Middle Passage. Characterizing it as the "central event" in the life of a slave between the American Revolution and the Civil War, Berlin wrote that whether they were uprooted themselves or simply lived in fear that they or their families would be involuntarily moved, "the massive deportation traumatized black people, both slave and free. "[130]
By 1860, 500,000 slaves had grown to 4 million. As long as slavery expanded, it remained profitable and powerful and was unlikely to disappear. Although complete statistics are lacking, it is estimated that 1,000,000 slaves moved west from the Old South between 1790 and 1860.[131]
Most of the slaves were moved from Maryland, Virginia, and the Carolinas. Michael Tadman, in a 1989 book Speculators and Slaves: Masters, Traders, and Slaves in the Old South, indicates that 60–70% of interregional migrations were the result of the sale of slaves. In 1820, a child in the Upper South had a 30% chance to be sold south by 1860.[131]
In Puerto Rico, African slavery was finally abolished on March 22, 1873.
Page Boy with slave collar, Dutch 17th-century painting.
Middle East
Main article: Arab slave trade
See also: Slavery (Ottoman Empire), Islamic views on slavery and Slavery on the Barbary Coast
Ottoman wars in Europe resulted in many captive Christians being carried deep into Muslim territory.
According to Robert Davis between 1 million and 1.25 million Europeans were captured by Barbary pirates and sold as slaves in North Africa and Ottoman Empire between the 16th and 19th centuries.[132][133] There was also an extensive trade in Christian slaves in the Black Sea region for several centuries until the Crimean Khanate was destroyed by the Russian Empire in 1783.[134] In the 1570s close to 20,000 slaves a year were being sold in the Crimean port of Kaffa.[135] The slaves were captured in southern Russia, Poland-Lithuania, Moldavia, Wallachia, and Circassia by Tatar horsemen.[136] Some researchers estimate that altogether more than 3 million people were captured and enslaved during the time of the Crimean Khanate.[137][138]
Persian slave in the Khanate of Khiva, 19th century
British captain witnessing the miseries of the Christian slaves in Algiers, 1815
The Arab enslavement of the Dinka people.
The Arab slave trade lasted more than a millennium.[139] As recently as the early 1960s, Saudi Arabia's slave population was estimated at 300,000.[140] Along with Yemen, the Saudis abolished slavery only in 1962.[141] Slaves in the Arab World came from many different regions, including Sub-Saharan Africa (mainly Zanj),[68] the Caucasus (mainly Circassians),[142] Central Asia (mainly Tartars), and Central and Eastern Europe (mainly Saqaliba).[143]
Under Omani Arabs Zanzibar became East Africa's main slave port, with as many as 50,000 enslaved Africans passing through every year during the 19th century.[144][145] Some historians estimate that between 11 and 18 million African slaves crossed the Red Sea, Indian Ocean, and Sahara Desert from 650 AD to 1900 AD.[2][146] Eduard Rüppell described the losses of Sudanese slaves being transported on foot to Egypt: "after the Daftardar bey's 1822 campaign in the southern Nuba mountains, nearly 40,000 slaves were captured. However, through bad treatment, disease and desert travel barely 5000 made it to Egypt. "[147]
The Moors, starting in the 8th century, also raided coastal areas around the Mediterranean and Atlantic Ocean, and became known as the Barbary pirates.[148] It is estimated that they captured 1.25 million white slaves from Western Europe and North America between the 16th and 19th centuries.[149][150] The mortality rate was very high. For instance, plague killed a third to two-thirds of the 30,000 occupants of the slave pens in Algiers in 1662.[132]
Present day
Modern incidence of slavery, as a percentage of the population, by country. Estimates from the Walk Free Foundation. Estimates by other sources may be higher.
See also: Contemporary slavery, Child slavery, Trafficking of children and Illegal_immigration § Slavery
Thousands of children work as bonded labourers in Asia, particularly in the Indian subcontinent.[151]
Even though slavery is now outlawed in every country, the number of slaves today remains as high as 12 million [152] to 29.8 million.[7] Several estimates of the number of slaves in the world have been provided.[153] According to a broad definition of slavery used by Kevin Bales of Free the Slaves (FTS), an advocacy group linked with Anti-Slavery International, there were 27 million people in slavery in 1999, spread all over the world.[154] In 2005, the International Labour Organization provided an estimate of 12.3 million forced labourers in the world.[155] Siddharth Kara has also provided an estimate of 28.4 million slaves at the end of 2006 divided into the following three categories: bonded labour/debt bondage (18.1 million), forced labour (7.6 million), and trafficked slaves (2.7 million).[156] Kara provides a dynamic model to calculate the number of slaves in the world each year, with an estimated 29.2 million at the end of 2009. According to a 2003 report by Human Rights Watch, an estimated 15 million children in debt bondage in India work in slavery-like conditions to pay off their family's debts.[157][158]
Distribution
A report by the Walk Free Foundation in 2013,[159] found India had the highest number of slaves, nearly 14 million, followed by China (2.9 million), Pakistan (2.1 million), Nigeria, Ethiopia, Russia, Thailand, Democratic Republic of Congo, Myanmar and Bangladesh; while the countries with the highest of proportion of slaves were Mauritania, Haiti, Pakistan, India and Nepal.[160]
In June 2013, U.S. State Department released a report on slavery, it placed Russia, China, Uzbekistan in the worst offenders category, Cuba, Iran, North Korea, Sudan, Syria, and Zimbabwe were also at the lowest level. List also included Algeria, Libya, Saudi Arabia and Kuwait among a total of 21 countries.[161][162]
Economics
While American slaves in 1809 were sold for around $40,000 (in contemporary money); a slave nowadays can be bought for just $90; making replacement more economical than providing long term care.[163] Slavery is a multi-billion dollar industry with estimates of up to $35 billion generated annually.[164]
Trafficking
Main article: Human trafficking
A world map showing countries by prevalence of female trafficking
Trafficking in human beings (also called human trafficking) is one method of obtaining slaves.[165] Victims are typically recruited through deceit or trickery (such as a false job offer, false migration offer, or false marriage offer), sale by family members, recruitment by former slaves, or outright abduction. Victims are forced into a "debt slavery" situation by coercion, deception, fraud, intimidation, isolation, threat, physical force, debt bondage or even force-feeding with drugs of abuse to control their victims.[166] "Annually, according to U.S. government-sponsored research completed in 2006, approximately 800,000 people are trafficked across national borders, which does not include millions trafficked within their own countries. Approximately 80 percent of transnational victims are women and girls and up to 50 percent are minors", reports the U.S. State Department in a 2008 study.[167]
While the majority of trafficking victims are women, and sometimes children, who are forced into prostitution (in which case the practice is called sex trafficking), victims also include men, women and children who are forced into manual labour.[168] Due to the illegal nature of human trafficking, its exact extent is unknown. A U.S. government report published in 2005, estimates that 600,000 to 800,000 people worldwide are trafficked across borders each year. This figure does not include those who are trafficked internally.[168] Another research effort revealed that between 1.5 million and 1.8 million individuals are trafficked either internally or internationally each year, 500,000 to 600,000 of whom are sex trafficking victims.[156]
Examples
Examples of modern slavery are numerous. Child slavery has commonly been used in the production of cash crops and mining.
Asia
In 2008, the Nepalese government abolished the Haliya system, under which 20,000 people were forced to provide free farm labour.[169] Though slavery was officially abolished in China in 1910,[170] the practice continues unofficially in some regions of the country.[171][172][173] In June and July 2007, 550 people who had been enslaved by brick manufacturers in Shanxi and Henan were freed by the Chinese government.[174] Among those rescued were 69 children.[175] In response, the Chinese government assembled a force of 35,000 police to check northern Chinese brick kilns for slaves, sent dozens of kiln supervisors to prison, punished 95 officials in Shanxi province for dereliction of duty, and sentenced one kiln foreman to death for killing an enslaved worker.[174] The North Korean government[176] operates six large political prison camps,[177] where political prisoners and their families (around 200,000 people)[178] in lifelong detention[179] are subjected to hard slave labor,[180] torture and inhumane treatment.[181]
South America and Caribbean
In 2008 in Brazil about 5,000 slaves were rescued by government authorities as part of an initiative to eradicate slavery, which was reported as ongoing in 2010.[182] Poverty has forced at least 225,000 Haitian children to work as restavecs (unpaid household servants); the United Nations considers this to be a form of slavery.[183]
Middle East
Some tribal sheiks in Iraq still keep blacks, called Abd, which means servant or slave in Arabic, as slaves.[184]
According to media reports from late 2014 the Islamic State of Iraq and the Levant (ISIL) was selling Yazidi and Christian women as slaves.[185][186][187] According to Haleh Esfandiari of the Woodrow Wilson International Center for Scholars, after ISIL militants have captured an area "[t]hey usually take the older women to a makeshift slave market and try to sell them."[188] In mid-October 2014 the U.N. estimated that 5,000 to 7,000 Yazidi women and children were abducted by ISIL and sold into slavery.[189][190] In the digital magazine Dabiq, ISIL claimed religious justification for enslaving Yazidi women whom they consider to be from a heretical sect. ISIL claimed that the Yazidi are idol worshipers and their enslavement part of the old shariah practice of spoils of war.[191][192][193][194][195] According to The Wall Street Journal, ISIL appeals to apocalyptic beliefs and claims "justification by a Hadith that they interpret as portraying the revival of slavery as a precursor to the end of the world".[196]
Africa
Tuareg society is traditionally feudal, ranging from nobles, through vassals, to dark-skinned slaves.[197]
Main article: Slavery in contemporary Africa
In Mauritania, the last country to abolish slavery (in 1981),[198] it is estimated that up to 600,000 men, women and children, or 20% of the population, are enslaved with many used as bonded labour.[199][200][201] Slavery in Mauritania was criminalized in August 2007.[202] (although slavery as a practice was legally banned in 1981, it was not a crime to own a slave until 2007).[203] Although many slaves have escaped or have been freed since 2007, as of 2012, only one slave-owner had been sentenced to serve time in prison.[204]
An article in the Middle East Quarterly in 1999 reported that slavery is endemic in Sudan.[205] Estimates of abductions during the Second Sudanese Civil War range from 14,000 to 200,000 people.[206]
In Niger, slavery is also a current phenomenon. A Nigerien study has found that more than 800,000 people are enslaved, almost 8% of the population.[207][208][209] Niger installed anti slavery provision in 2003.[210][211]
Many pygmies in the Republic of Congo and Democratic Republic of Congo belong from birth to Bantus in a system of slavery.[212][213]
According to the U.S. State Department, more than 109,000 children were working on cocoa farms alone in Côte d'Ivoire (Ivory Coast) in "the worst forms of child labor" in 2002.[214]
On the night of 14–15 April 2014, a group of militants attacked the Government Girls Secondary School in Chibok, Nigeria. They broke into the school, pretending to be guards,[215] telling the girls to get out and come with them.[216] A large number of students were taken away in trucks, possibly into the Konduga area of the Sambisa Forest where Boko Haram were known to have fortified camps.[216] Houses in Chibok were also burned down in the incident.[217] According to the police, approximately 276 children were taken in the attack, of whom 53 had escaped as of 2 May.[218] Other reports said that 329 girls were kidnapped, 53 had escaped and 276 were still missing.[219][220][221] The students have been forced to convert to Islam[222] and into marriage with members of Boko Haram, with a reputed "bride price" of ₦2,000 each ($12.50/£7.50).[223][224] Many of the students were taken to the neighbouring countries of Chad and Cameroon, with sightings reported of the students crossing borders with the militants, and sightings of the students by villagers living in the Sambisa Forest, which is considered a refuge for Boko Haram[224][225]
On May 5, 2014 a video in which Boko Haram leader Abubakar Shekau claimed responsibility for the kidnappings emerged. Shekau claimed that "Allah instructed me to sell them...I will carry out his instructions"[226] and "[s]lavery is allowed in my religion, and I shall capture people and make them slaves."[227] He said the girls should not have been in school and instead should have been married since girls as young as nine are suitable for marriage.[226][227] Shekau said in an interview "I shall capture people and make them slaves" when claiming responsibility for the 2014 Chibok kidnapping.[227]
Abolitionism
Main article: Abolitionism
See also: Abolition of slavery timeline
[show]
v ·
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Slave Trade suppression
The painting of the 1840 Anti-Slavery Society Convention at Exeter Hall. Move your cursor to identify delegates or click the icon to enlarge.[228]
Slavery has existed, in one form or another, through the whole of recorded human history—as have, in various periods, movements to free large or distinct groups of slaves.
Ashoka, who ruled the Maurya Empire from 269–232 BCE, abolished the slave trade but not slavery.[229] The Qin dynasty, which ruled China from 221 to 206 BC, abolished slavery and discouraged serfdom. However, many of its laws were overturned when the dynasty was overthrown.[230] Slavery was again abolished, by Wang Mang, in China in 17 C.E but was reinstituted after his assassination.[231]
The Spanish colonization of the Americas sparked a discussion about the right to enslave native Americans. A prominent critic of slavery in the Spanish New World colonies was Bartolomé de las Casas, who opposed the enslavement of Native Americans, and later also of Africans in America.
One of the first protests against slavery came from German and Dutch Quakers in Pennsylvania in 1688.[232] One of the most significant milestones in the campaign to abolish slavery throughout the world occurred in England in 1772, with British judge Lord Mansfield, whose opinion in Somersett's Case was widely taken to have held that slavery was illegal in England. This judgement also laid down the principle that slavery contracted in other jurisdictions (such as the American colonies) could not be enforced in England.[233] In 1777, Vermont became the first portion of what would become the United States to abolish slavery (at the time Vermont was an independent nation).[232] France abolished slavery in 1794.[232] There were celebrations in 2007 to commemorate the 200th anniversary of the Abolition of the slave trade in the United Kingdom through the work of the British Anti-Slavery Society.
Joseph Jenkins Roberts, born in Virginia, was the first president of Liberia, which was founded in 1822 for freed American slaves.
William Wilberforce received much of the credit although the groundwork was an anti-slavery essay by Thomas Clarkson. Wilberforce was also urged by his close friend, Prime Minister William Pitt the Younger, to make the issue his own, and was also given support by reformed Evangelical John Newton. The Slave Trade Act was passed by the British Parliament on March 25, 1807, making the slave trade illegal throughout the British Empire,[234] Wilberforce also campaigned for abolition of slavery in the British Empire, which he lived to see in the Slavery Abolition Act 1833. After the 1807 act abolishing the slave trade was passed, these campaigners switched to encouraging other countries to follow suit, notably France and the British colonies. In 1839, the world's oldest international human rights organization, Anti-Slavery International, was formed in Britain by Joseph Sturge, which campaigned to outlaw slavery in other countries.[235]
Between 1808 and 1860, the British West Africa Squadron seized approximately 1,600 slave ships and freed 150,000 Africans who were aboard.[236] Action was also taken against African leaders who refused to agree to British treaties to outlaw the trade, for example against "the usurping King of Lagos", deposed in 1851. Anti-slavery treaties were signed with over 50 African rulers.[237]
In the United States, abolitionist pressure produced a series of small steps towards emancipation. After January 1, 1808, the importation of slaves into the United States was prohibited,[238] but not the internal slave trade, nor involvement in the international slave trade externally. Legal slavery persisted; and those slaves already in the U. S. were legally emancipated only in 1863. Many American abolitionists took an active role in opposing slavery by supporting the Underground Railroad. Violent clashes between anti-slavery and pro-slavery Americans included Bleeding Kansas, a series of political and armed disputes in 1854-1861 as to whether Kansas would join the United States as a slave or free state. By 1860 the total number of slaves reached almost four million, and the American Civil War, beginning in 1861, led to the end of slavery in the United States.[239]
In 1863 Lincoln issued the Emancipation Proclamation, which freed slaves held in the Confederate States; the 13th Amendment to the U. S. Constitution (1865) prohibited slavery throughout the country.
Photographed in 1863 – Peter, aka Gordon, a man who was enslaved in Louisiana.[240] This famous photo was distributed by abolitionists.[241]
In the 1860s, David Livingstone's reports of atrocities within the Arab slave trade in Africa stirred up the interest of the British public, reviving the flagging abolitionist movement. The Royal Navy throughout the 1870s attempted to suppress "this abominable Eastern trade", at Zanzibar in particular. In 1905, the French abolished indigenous slavery in most of French West Africa.[242]
On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, which declared freedom from slavery is an internationally recognized human right. Article 4 of the Universal Declaration of Human Rights states:
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.[243]
In 2014 for the first time in history major leaders of many religions, Buddhist, Anglican, Catholic, and Orthodox Christian, Hindu, Jewish, and Muslim, met to sign a shared commitment against modern-day slavery; the declaration they signed calls for the elimination of slavery and human trafficking by the year 2020.[244] The signatories were: Pope Francis, Mātā Amṛtānandamayī (also known as Amma), Bhikkhuni Thich Nu Chân Không (representing Zen Master Thích Nhất Hạnh), Datuk K Sri Dhammaratana, Chief High Priest of Malaysia, Rabbi Abraham Skorka, Rabbi David Rosen, Abbas Abdalla Abbas Soliman, Undersecretary of State of Al Azhar Alsharif (representing Mohamed Ahmed El-Tayeb, Grand Imam of Al-Azhar), Grand Ayatollah Mohammad Taqi al-Modarresi, Sheikh Naziyah Razzaq Jaafar, Special advisor of Grand Ayatollah (representing Grand Ayatollah Sheikh Basheer Hussain al Najafi), Sheikh Omar Abboud, Justin Welby, Archbishop of Canterbury, and Metropolitan Emmanuel of France (representing Ecumenical Patriarch Bartholomew.)[244]
Groups such as the American Anti-Slavery Group, Anti-Slavery International, Free the Slaves, the Anti-Slavery Society, and the Norwegian Anti-Slavery Society continue to campaign to rid the world of slavery.
Remnants of slavery
In the case of freed slaves of the United States, many became share croppers and indentured servants. In this manner, some became tied to the very parcel of land into which they had been born a slave having little freedom or economic opportunity due to Jim Crow laws which perpetuated discrimination, limited education, promoted persecution without due process and resulted in continued poverty. Fear of reprisals such as unjust incarcerations and lynchings deterred upward mobility further.
Legal actions
In November 2006, the International Labour Organization announced it will be seeking "to prosecute members of the ruling Myanmar junta for crimes against humanity" over the continuous unfree labour of its citizens by the military at the International Court of Justice.[245][246] According to the International Labor Organization (ILO), an estimated 800,000 people are subject to forced labour in Myanmar.[247]
The Ecowas Court of Justice is hearing the case of Hadijatou Mani in late 2008, where Ms. Mani hopes to compel the government of Niger to end slavery in its jurisdiction. Cases brought by her in local courts have failed so far.[248]
Economics
Gustave Boulanger's painting The Slave Market
Economists have attempted to model the circumstances under which slavery (and variants such as serfdom) appear and disappear. One observation is that slavery becomes more desirable for landowners where land is abundant but labour is scarce, such that rent is depressed and paid workers can demand high wages. If the opposite holds true, then it becomes more costly for landowners to have guards for the slaves than to employ paid workers who can only demand low wages due to the amount of competition.[249] Thus, first slavery and then serfdom gradually decreased in Europe as the population grew, but were reintroduced in the Americas and in Russia as large areas of new land with few people became available.[250] In his books, Time on the Cross and Without Consent or Contract: the Rise and Fall of American Slavery, Robert Fogel maintains that slavery was in fact a profitable method of production, especially on bigger plantations growing cotton that fetched high prices in the world market. It gave whites in the South higher average incomes than those in the North, but most of the money was spent on buying slaves and plantations.
Slave being whipped in Brazil, during the heyday of gold exploration in Minas Gerais (1770).
Slavery is more common when the labour done is relatively simple and thus easy to supervise, such as large-scale growing of a single crop. It is much more difficult and costly to check that slaves are doing their best and with good quality when they are doing complex tasks. Therefore, slavery was seen as the most efficient method of production for large-scale crops like sugar and cotton, whose output was based on economies of scale. This enabled a gang system of labor to be prominent on large plantations where field hands were monitored and worked with factory-like precision. Each work gang was based on an internal division of labor that not only assigned every member of the gang to a precise task but simultaneously made his or her performance dependent on the actions of the others. The hoe hands chopped out the weeds that surrounded the cotton plants as well as excessive sprouts. The plow gangs followed behind, stirring the soil near the rows of cotton plants and tossing it back around the plants. Thus, the gang system worked like an early version of the assembly line later to be found in factories.[251]
Critics since the 18th century have argued that slavery tends to retard technological advancement, since the focus is on increasing the number of slaves doing simple tasks rather than upgrading the efficiency of labour. Because of this, theoretical knowledge and learning in Greece—and later in Rome—was not applied to ease physical labour or improve manufacturing.[252]
Adam Smith made the argument that free labor was economically better than slave labor, and argued further that slavery in Europe ended during the Middle Ages, and then only after both the church and state were separate, independent and strong institutions,[253] that it is nearly impossible to end slavery in a free, democratic and republican forms of governments since many of its legislators or political figures were slave owners, and would not punish themselves, and that slaves would be better able to gain their freedom when there was centralized government, or a central authority like a king or the church.[254] Similar arguments appear later in the works of Auguste Comte, especially when it comes to Adam Smith's belief in the separation of powers or what Comte called the "separation of the spiritual and the temporal" during the Middle Ages and the end of slavery, and Smith's criticism of masters, past and present. As Smith stated in the Lectures on Jurisprudence, "The great power of the clergy thus concurring with that of the king set the slaves at liberty. But it was absolutely necessary both that the authority of the king and of the clergy should be great. Where ever any one of these was wanting, slavery still continues. "
The inspection and sale of a slave
Slaves can be an attractive investment because the slave-owner only needs to pay for sustenance and enforcement. This is sometimes lower than the wage-cost of free labourers, because free workers earn more than sustenance, in these cases slaves have positive price. When the cost of sustenance and enforcement exceeds the wage rate, slave-owning would no longer be profitable, and owners would simply release their slaves. Slaves are thus a more attractive investment in high-wage environments, and environments where enforcement is cheap, and less attractive in environments where the wage-rate is low and enforcement is expensive.[255]
Free workers also earn compensating differentials, whereby they are paid more for doing unpleasant work. Neither sustenance nor enforcement costs rise with the unpleasantness of the work, however, so slaves' costs do not rise by the same amount. As such, slaves are more attractive for unpleasant work, and less for pleasant work. Because the unpleasantness of the work is not internalised, being born by the slave rather than the owner, it is a negative externality and leads to over-use of slaves in these situations.[255]
The weighted average global sales price of a slave is calculated to be approximately $340, with a high of $1,895 for the average trafficked sex slave, and a low of $40 to $50 for debt bondage slaves in part of Asia and Africa.[156] Worldwide slavery is a criminal offense but slave owners can get very high returns for their risk.[256] According to researcher Siddharth Kara, the profits generated worldwide by all forms of slavery in 2007 were $91.2 billion. That is second only to drug trafficking in terms of global criminal enterprises. The weighted average annual profits generated by a slave in 2007 was $3,175, with a low of an average $950 for bonded labor and $29,210 for a trafficked sex slave.[156] Approximately 40% of slave profits each year are generated by trafficked sex slaves, representing slightly more than 4% of the world's 29 million slaves.[156]
Robert E. Wright has developed a model that helps to predict when firms (individuals, companies) will be more likely to use slaves rather than wage workers, indentured servants, family members, or other types of laborers.[257]
Wage slavery
Syndicalism
"The Hand That Will Rule The World—One Big Union"
Precursors[show]
Variants[show]
Economics[show]
Organisations[show]
Leaders[show]
Related subjects[show]
Category Syndicalism
Category Labour economics
v ·
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e
Main articles: Labour economics § Wage slavery and Wage labour
The labour market, as institutionalised under today's market economic systems, has been criticised,[258] especially by both mainstream socialists and anarcho-syndicalists,[259][260][261][262] who utilise the term wage slavery[263][264] as a pejorative for wage labour. Socialists draw parallels between the trade of labour as a commodity and slavery. Cicero is also known to have suggested such parallels.[265]
For Marxists, labour-as-commodity, which is how they regard wage labour,[266] provides an absolutely fundamental point of attack against capitalism.[267] "It can be persuasively argued," noted one concerned philosopher[who?], "that the conception of the worker's labour as a commodity confirms Marx's stigmatization of the wage system of private capitalism as 'wage-slavery;' that is, as an instrument of the capitalist's for reducing the worker's condition to that of a slave, if not below it."[268]
Apologies
On May 21, 2001, the National Assembly of France passed the Taubira law, recognizing slavery as a crime against humanity. Apologies on behalf of African nations, for their role in trading their countrymen into slavery, remain an open issue since slavery was practiced in Africa even before the first Europeans arrived and the Atlantic slave trade was performed with a high degree of involvement of several African societies. The black slave market was supplied by well-established slave trade networks controlled by local African societies and individuals.[269] Indeed, as already mentioned in this article, slavery persists in several areas of West Africa until the present day.
There is adequate evidence citing case after case of African control of segments of the trade. Several African nations such as the Calabar and other southern parts of Nigeria had economies depended solely on the trade. African peoples such as the Imbangala of Angola and the Nyamwezi of Tanzania would serve as middlemen or roving bands warring with other African nations to capture Africans for Europeans.[270]
Several historians have made important contributions to the global understanding of the African side of the Atlantic slave trade. By arguing that African merchants determined the assemblage of trade goods accepted in exchange for slaves, many historians argue for African agency and ultimately a shared responsibility for the slave trade.[271]
In 1999, President Mathieu Kerekou of Benin (formerly the Kingdom of Dahomey) issued a national apology for the central role Africans played in the Atlantic slave trade.[272] Luc Gnacadja, minister of environment and housing for Benin, later said: "The slave trade is a shame, and we do repent for it."[273] Researchers estimate that 3 million slaves were exported out of the Slave Coast bordering the Bight of Benin.[273] President Jerry Rawlings of Ghana also apologized for his country's involvement in the slave trade.[272]
The issue of an apology is linked to reparations for slavery and is still being pursued by a number of entities across the world. For example, the Jamaican Reparations Movement approved its declaration and action Plan.
In September 2006, it was reported that the UK government might issue a "statement of regret" over slavery.[274] This was followed by a "public statement of sorrow" from Tony Blair on November 27, 2006,[275] and a formal apology on March 14, 2007.[276]
On February 25, 2007, the Commonwealth of Virginia resolved to 'profoundly regret' and apologize for its role in the institution of slavery. Unique and the first of its kind in the U. S., the apology was unanimously passed in both Houses as Virginia approached the 400th anniversary of the founding of Jamestown, where the first slaves were imported into North America in 1619.[277]
Liverpool, which was a large slave trading port, apologized in 1999. On August 24, 2007, Mayor Ken Livingstone of London, United Kingdom, apologized publicly for Britain's role in colonial slave trade. "You can look across there to see the institutions that still have the benefit of the wealth they created from slavery," he said, pointing towards the financial district. He claimed that London was still tainted by the horrors of slavery. Specifically, London outfitted, financed, and insured many of the ships, which helped fund the building of London's docks. Jesse Jackson praised Livingstone, and added that reparations should be made, one of his common arguments.[278]
On July 30, 2008, the United States House of Representatives passed a resolution apologizing for American slavery and subsequent discriminatory laws.[279] In June 2009, the US Senate passed a resolution apologizing to African-Americans for the "fundamental injustice, cruelty, brutality, and inhumanity of slavery".[280] The news was welcomed by President Barack Obama, the nation's first President of African descent.[281] Some of President Obama's ancestors were slave owners.[282]
In 2010, Libyan leader Muammar Gaddafi apologized for Arab involvement in the slave trade, saying: "I regret the behavior of the Arabs… They brought African children to North Africa, they made them slaves, they sold them like animals, and they took them as slaves and traded them in a shameful way."[283]
Reparations
Main article: Reparations for slavery
refer to caption
Monument to slaves in Zanzibar
There have been movements to achieve reparations for those formerly held as slaves, or sometimes their descendants. Claims for reparations for being held in slavery are handled as a civil law matter in almost every country. This is often decried as a serious problem, since former slaves' relative lack of money means they often have limited access to a potentially expensive and futile legal process. Mandatory systems of fines and reparations paid to an as yet undetermined group of claimants from fines, paid by unspecified parties, and collected by authorities have been proposed by advocates to alleviate this "civil court problem. " Since in almost all cases there are no living ex-slaves or living ex-slave owners these movements have gained little traction. In nearly all cases the judicial system has ruled that the statute of limitations on these possible claims has long since expired.
Other uses of the term
The word slavery is often used as a pejorative to describe any activity in which one is coerced into performing.
Some argue that military drafts and other forms of coerced government labour constitute state-operated slavery.[284][285]
Some socialists, view total and immediate wage dependence as a form of slavery.[286]
Some libertarians and anarcho-capitalists view government taxation as a form of slavery.[287]
Some proponents of animal rights apply the term slavery to the condition of some or all human-owned animals, arguing that their status is comparable to that of human slaves.[288]
Some Antipsychiatry proponents apply the term slavery to the involuntary psychiatric patient. There are no unbiased physical tests for mental illness, and the psychiatric patient must follow the orders of his/her psychiatrist. Drapetomania was a psychiatric diagnosis for a slave who did not want to be a slave. Thomas Szasz wrote a book titled "Psychiatric Slavery",[289] published in 1998 and a book titled " Liberation by Oppression: A Comparative Study of Slavery and Psychiatry",[290] published in 2003.
In film
Main article: List of films featuring slavery
Film has been the most influential medium in the presentation of the history of slavery to the general public around the world.[291] The American film industry has had a complex relationship with slavery and until recent decades often avoided the topic. Films such as Birth of a Nation (1915)[292] and Gone with the Wind (1939) became controversial because they gave a favorable depiction. The last favorable treatment was Song of the South from Disney in 1946. In 1940 The Santa Fe Trail gave a liberal but ambiguous interpretation of John Brown's attacks on slavery—the film does not know what to do with slavery.[293] The Civil Rights Movement in the 1950s made defiant slaves into heroes.[294] The question of slavery in American memory necessarily involves its depictions in feature films.[295]
Spartacus sheetA.jpg
Most Hollywood films used American settings, although Spartacus (1960), dealt with an actual revolt in the Roman Empire known as the Third Servile War. It failed and all the rebels were executed, but their spirit lived on according to the film.[296] The Last Supper (La última cena in Spanish) was a 1976 film directed by Cuban Tomás Gutiérrez Alea about the teaching of Christianity to slaves in Cuba, and emphasizes the role of ritual and revolt. Burn! takes place on the imaginary Portuguese island of Queimada (where the locals speak Spanish) and it merges historical events that took place in Brazil, Cuba, Santo Domingo, Jamaica, and elsewhere. Spartacus stays surprisingly close to the historical record.[297]
Historians agree that films have largely shaped historical memories, but they debate issues of accuracy, plausibility, moralism, sensationalism, how facts are stretched in search of broader truths, and suitability for the classroom.[298][299] Berlin argues that critics complain if the treatment emphasizes historical brutality, or if it glosses over the harshness to highlight the emotional impact of slavery.[300]
Year Original title [301][302] English title
(if different) Format Film genre Director Actor Country Book Author
1915 The Birth of a Nation Historical drama film, Historical epic D. W. Griffith Lillian Gish United States The Clansman Thomas Dixon, Jr.
1960 Spartacus Historical drama film, Historical epic Stanley Kubrick Kirk Douglas United States
1968 Angélique and the Sultan Drama Bernard Borderie France Angélique in Barbary Anne Golon
1969 Queimada Burn! Drama Gillo Pontecorvo Marlon Brando Italy
1975 Mandingo Drama, Exploitation film Richard Fleischer Ken Norton United States Mandingo Kyle Onstott
1977 Roots TV series Drama, Historical drama film Chomsky, Erman, Greene et Moses United States Roots: The Saga of an American Family Alex Haley
1997 Amistad Drama Steven Spielberg United States
1998 Beloved Drama Jonathan Demme United States Toni Morrison
2000 Gladiator Historical epic Ridley Scott Russell Crowe United Kingdom, United States
2005 500 Years Later Documentary Owen 'Alik Shahadah United Kingdom, United States
2006 Amazing Grace Drama, Historical drama film Michael Apted United Kingdom, United States
2007 Trade Thriller Marco Kreuzpaintner Germany, United States
2010 The Slave Hunters Historical drama film Kwak Jung-hwan South Korea
2012 Lincoln Historical drama film, Historical epic Steven Spielberg United States Doris Kearns Goodwin
2012 Django Unchained Western Quentin Tarantino Jamie Foxx United States
2013 12 Years a Slave Historical drama film Steve McQueen Chiwetel Ejiofor United Kingdom, United States Twelve Years a Slave Solomon Northup
See also
1926 Slavery Convention
Abolition of slavery timeline
Coolie
Human trafficking
Indemnity
Indentured servant
International Day for the Abolition of Slavery
Involuntary servitude
List of slaves
List of slave owners
Peon
United Nations 1956 Supplementary Convention on the Abolition of Slavery
Wife selling
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186.Jump up ^ Samuel Smith, "UN Report on ISIS: 24,000 Killed, Injured by Islamic State; Children Used as Soldiers, Women Sold as Sex Slaves", Christian Post, October 9, 2014.
187.Jump up ^ Associated Press and Dan Bloom, "Captured by ISIS and sold into slavery: 15-year-old Yazidi girl tells of her horrific ordeal at hands of jihadists after escaping to Turkey," Daily Mail, 12 October 2014.
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213.Jump up ^ As the World Intrudes, Pygmies Feel Endangered, New York Times
214.Jump up ^ U.S. Department of State Country Reports on Human Rights Practices, 2005 Human Rights Report on Côte d'Ivoire
215.Jump up ^ "88 Nigerian schoolgirls abducted by Islamic extremists still missing". The Guardian. Associated Press. 19 April 2014. Retrieved 23 April 2014.
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228.Jump up ^ Anti-Slavery Society Convention, 1840, Benjamin Robert Haydon, 1841, National Portrait Gallery, London, NPG599, Given by British and Foreign Anti-Slavery Society in 1880
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230.Jump up ^ The Earth and Its Peoples: A Global History. Cengage Learning. 2009. p. 165. ISBN 9780618992386.
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250.Jump up ^ Domar, Evsey D. (March 1970). "The Causes of Slavery or Serfdom: A Hypothesis". The Journal of Economic History 30 (1): 18–32. JSTOR 2116721.
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254.Jump up ^ Charles L. Griswold (1999). Adam Smith and the Virtues of Enlightenment. Cambridge University Press. pp. 198–. ISBN 978-0-521-62891-4. Retrieved May 31, 2012.
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259.Jump up ^ Thompson 1966, p. 599.
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264.Jump up ^ "wage slave". dictionary.com. Retrieved 4 March 2013.
265.Jump up ^ "...vulgar are the means of livelihood of all hired workmen whom we pay for mere manual labour, not for artistic skill; for in their case the very wage they receive is a pledge of their slavery." – De Officiis [5]
266.Jump up ^ Marx 1990, p. 1006: "[L]abour-power, a commodity sold by the worker himself."
267.Jump up ^ Another one, of course, being the capitalists' theft from workers via surplus-value.
268.Jump up ^ Nelson 1995, p. 158. This Marxist objection is what motivated Nelson's essay, which argues that labour is not, in fact, a commodity.
269.Jump up ^ Adu Boahen, Topics In West African History p. 110
270.Jump up ^ "Afrikan Involvement In Atlantic Slave Trade, By Kwaku Person-Lynn, Ph. D". Africawithin.com. Archived from the original on April 18, 2008. Retrieved August 29, 2010.
271.Jump up ^ João C. Curto. Álcool e Escravos: O Comércio Luso-Brasileiro do Álcool em Mpinda, Luanda e Benguela durante o Tráfico Atlântico de Escravos (c. 1480–1830) e o Seu Impacto nas Sociedades da África Central Ocidental. Translated by Márcia Lameirinhas. Tempos e Espaços Africanos Series, vol. 3. Lisbon: Editora Vulgata, 2002. ISBN 978-972-8427-24-5.
272.^ Jump up to: a b "Ending the Slavery Blame-Game ". The New York Times. April 22, 2010.
273.^ Jump up to: a b "Benin Officials Apologize For Role In U.s. Slave Trade". Chicago Tribune. May 1, 2000.
274.Jump up ^ What the papers say, BBC News, September 22, 2006
275.Jump up ^ Blair 'sorrow' over slave trade, BBC News, November 27, 2006.
276.Jump up ^ Blair 'sorry' for UK slavery role BBC. Retrieved February 23, 2012.
277.Jump up ^ "Virginia 'sorry' for slavery role". BBC News. February 25, 2007. Retrieved August 29, 2010.
278.Jump up ^ Hale, Beth (August 23, 2007). "Livingstone breaks down in tears at slave trade memorial". Daily Mail (London). Retrieved August 29, 2010.
279.Jump up ^ Congress Apologizes for Slavery, Jim Crow NPR. Retrieved October 20, 2011
280.Jump up ^ "Barack Obama praises Senate slavery apology". Telegraph. June 19, 2009
281.Jump up ^ Agence France-Presse. "Obama praises 'historic' Senate slavery apology"[dead link]. Google News, June 18, 2009. Accessed 22 July 2009.
282.Jump up ^ Nitkin, David; Harry Merritt (March 2, 2007). "A New Twist to an Intriguing Family History". Baltimore Sun. Archived from the original on September 30, 2007.
283.Jump up ^ "Gaddafi apologizes for Arab slave traders". Press TV. October 11, 2010.
284.Jump up ^ An Idea Not Worth Drafting: Conscription is Slavery by Peter Krembs
285.Jump up ^ Nationalized Slavery; A policy Italy should dump by Dave Kopel refers to both the military and national service requirements of Italy as slavery.
286.Jump up ^ Are you a wage slave? WSPUS, 30 April 2010. Retrieved 17 February 2014.
287.Jump up ^ E. g., Machan, Tibor R. (April 13, 2000). "Tax Slavery". Ludwig von Mises Institute. Retrieved October 9, 2006.
288.Jump up ^ Spiegel, Marjorie. The Dreaded Comparison: Human and Animal Slavery, New York: Mirror Books, 1996.
289.Jump up ^ Psychiatric Slavery.
290.Jump up ^ "Slavery and psychiatry". rcpsych.org.
291.Jump up ^ Michael T. Martin and David C. Wall, "The Politics of Cine-Memory: Signifying Slavery in the History Film," in Robert A. Rosenstone and Constantin Parvulesu, eds. A Companion to the Historical Film (Wiley-Blackwell, 2013), pp. 445–467.
292.Jump up ^ Melvyn Stokes, D.W. Griffith's the Birth of a Nation: A History of the Most Controversial Motion Picture of All Time (2008)
293.Jump up ^ Robert E. Morsberger, "Slavery and 'The Santa Fe Trail,' or, John Brown on Hollywood's Sour Apple Tree," American Studies (1977) 18#2 pp. 87–98. online
294.Jump up ^ Hernán Vera; Andrew M. Gordon (2003). Screen saviors: Hollywood fictions of whiteness. Rowman & Littlefield. pp. 54–56. ISBN 9780847699476.
295.Jump up ^ William L. Van Deburg, Slavery and Race in American Popular Culture (1984) covers films, fiction, television, and the stage.
296.Jump up ^ Natalie Zemon Davis, Slaves on Screen: Film and Historical Vision (2002) ch 2
297.Jump up ^ Davis, Slaves on Screen: Film and Historical Vision (2002) ch 3
298.Jump up ^ Steven Mintz, "Spielberg's Amistad and the History Classroom," The History Teacher (1998) 31#3 pp. 370–373 in JSTOR
299.Jump up ^ Davis, Slaves on Screen: Film and Historical Vision (2002)
300.Jump up ^ Ira Berlin, "American Slavery in History and Memory and the Search for Social Justice," Journal of American History (2004) 90#4 pp. 1251–1268. in JSTOR
301.Jump up ^ "Films about Slavery and the transAtlantic Slave Trade". Ama. africatoday.com. Retrieved June 3, 2011.
302.Jump up ^ IMDb Search
Bibliography and further reading
Surveys and reference
Bales, Kevin, Disposable People: New Slavery in the Global Economy (1999)
Campbell, Gwyn, Suzanne Miers, and Joseph C. Miller, eds. Women and Slavery. Volume 1: Africa, the Indian Ocean World, and the Medieval Atlantic; Women and Slavery. Volume 2: The Modern Atlantic (2007)
Davies, Stephen (2008). "Slavery, World". In Hamowy, Ronald. The Encyclopedia of Libertarianism. Thousand Oaks, CA: SAGE; Cato Institute. pp. 464–9. ISBN 978-1-4129-6580-4. LCCN 2008009151. OCLC 750831024.
Davis, David Brion. The Problem of Slavery in the Age of Revolution, 1770-1823 (1999)
Davis, David Brion. The Problem of Slavery in Western Culture (1988)
Drescher, Seymour. Abolition: A History of Slavery and Antislavery (2009) highly regarded history of slavery and its abolition, worldwide
Finkelman, Paul, ed. Encyclopedia of Slavery (1999)
Gordon, M. Slavery in the Arab World (1989)
Greene, Jacqueline. Slavery in Ancient Egypt and Mesopotamia, (2001), ISBN 0-531-16538-8
Joseph, Celucien L. Race, Religion, and The Haitian Revolution: Essays on Faith, Freedom, and Decolonization (CreateSpace Independent Publishing Platform, 2012)
Joseph, Celucien L. From Toussaint to Price-Mars: Rhetoric, Race, and Religion in Haitian Thought (CreateSpace Independent Publishing Platform, 2013)
Lal, K. S. (1994). "Muslim Slave System in Medieval India". ISBN 81-85689-67-9. Archived from the original on 2008-05-12.
Miers, Suzanne, and Igor Kopytoff, eds. Slavery In Africa: Historical & Anthropological Perspectives (1979)
Morgan, Kenneth. Slavery and the British Empire: From Africa to America (2008)
Postma, Johannes. The Atlantic Slave Trade, (2003)
Rodriguez, Junius P., ed., The Historical Encyclopedia of World Slavery (1997)
Rodriguez, Junius P., ed. Slavery in the United States: A Social, Political, and Historical Encyclopedia (2007)
Shell, Robert Carl-Heinz Children Of Bondage: A Social History Of The Slave Society At The Cape Of Good Hope, 1652–1813 (1994)
Westermann, William Linn The Slave Systems of Greek and Roman Antiquity (1955), ISBN 0-87169-040-3
Uncited sourcesHogendorn, Jan and Johnson Marion: The Shell Money of the Slave Trade. African Studies Series 49, Cambridge University Press, Cambridge, 1986.
The Slavery Reader, ed. by Rigas Doganis, Gad Heuman, James Walvin, Routledge 2003
United StatesBaptist, Edward E. The Half Has Never Been Told: Slavery and the Making of American Capitalism. Basic Books (2014). ISBN 046500296X
Berlin, Ira. Many Thousands Gone: The First Two Centuries of Slavery in North America (1999), most important recent survey
Blackmon, Douglas A. Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II Doubleday (March 23, 2008), ISBN 0-385-50625-2 ISBN 978-0-385-50625-0
Boles, John. Black Southerners: 1619–1869 (1983) brief survey
Engerman, Stanley L. Terms of Labor: Slavery, Serfdom, and Free Labor (1999)
Genovese Eugene D. Roll, Jordan Roll (1974), classic study Richard H. King, "Marxism and the Slave South", American Quarterly 29 (1977), 117–31, a critique of Genovese
Escott, Paul D. "Remembering Slavery: African Americans Talk about Their Personal Experiences of Slavery and Freedom" Journal of Southern History, Vol. 67, 2001[dead link]
Mintz, S. "Slavery Facts & Myths". Digital History. Archived from the original on 2006-11-06.
Parish, Peter J. Slavery: History and Historians (1989)
Phillips, Ulrich B. American Negro Slavery: A Survey of the Supply, Employment and Control of Negro Labor as Determined by the Plantation Regime (1918; paperback reprint 1966), southern white perspective
Phillips, Ulrich B. Life and Labor in the Old South (1929)
Sellers, James B. Slavery in Alabama (1950).
Sydnor, Charles S. Slavery in Mississippi (1933)
Stamp, Kenneth M. The Peculiar Institution: Slavery in the Ante-Bellum South (1956), a rebuttal of U B Philipps
Trenchard, David (2008). "Slavery in America". In Hamowy, Ronald. The Encyclopedia of Libertarianism. Thousand Oaks, CA: SAGE; Cato Institute. pp. 469–70. ISBN 978-1-4129-6580-4. LCCN 2008009151. OCLC 750831024.
Vorenberg, Michael. Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment (2001)
Weinstein, Allen, Frank O. Gatell, and Lewis Sarasohn, eds., American Negro Slavery: A Modern Reader, third ed. (1978)
Slavery in the modern eraJesse Sage and Liora Kasten, Enslaved: True Stories of Modern Day Slavery, Palgrave Macmillan, 2008 ISBN 978-1-4039-7493-8
Tom Brass, Marcel van der Linden, and Jan Lucassen, Free and Unfree Labour. Amsterdam: International Institute for Social History, 1993
Tom Brass, Towards a Comparative Political Economy of Unfree Labour: Case Studies and Debates, London and Portland, OR: Frank Cass Publishers, 1999. 400 pages.
Tom Brass and Marcel van der Linden, eds., Free and Unfree Labour: The Debate Continues, Bern: Peter Lang AG, 1997. 600 pages. A volume containing contributions by all the most important writers on modern forms of unfree labour.
Kevin Bales, Disposable People. New Slavery in the Global Economy, Revised Edition, University of California Press 2004, ISBN 0-520-24384-6
Kevin Bales (ed.), Understanding Global Slavery Today. A Reader, University of California Press 2005, ISBN 0-520-24507-5
Kevin Bales, Ending Slavery: How We Free Today's Slaves, University of California Press 2007, ISBN 978-0-520-25470-1.
Mende Nazer and Damien Lewis, Slave: My True Story, ISBN 1-58648-212-2. Mende is a Nuba, captured at 12 years old. She was granted political asylum by the British government in 2003.
Gary Craig, Aline Gaus, Mick Wilkinson, Klara Skrivankova and Aidan McQ e (2007). Contemporary slavery in the UK: Overview and key issues, Joseph Rowntree Foundation. ISBN 978-1-85935-573-2.
David Hawk, The Hidden Gulag - Slave Labor Camps in North Korea, Washington DC: Committee for Human Rights in North Korea, 2012, ISBN 0-615-62367-0
Somaly Mam Foundation
Thomas Sowell, The Real History of Slavery, in: Black Rednecks and White Liberals, San Francisco: Encounter Books, 2005. ISBN 978-1-59403-086-4.
External links
Wikimedia Commons has media related to Slavery.
Look up slavery in Wiktionary, the free dictionary.
Wikiquote has quotations related to: Slavery
Wikisource has the text of the 1905 New International Encyclopedia article Slavery.
Historical
Slavery Resource Guide, from the Library of Congress
Digital Library on American Slavery
African Holocaust
Emory and Oxford College
"Slavery Fact Sheets". Digital History. Archived from the original on 2014-02-09.
The West African Sqron and slave trade
Slavery – PBS
Understanding Slavery
Slavery
Slavery Museum. Great Britain.[dead link]
http://www.ull.ac.uk/specialcollections/archives/slaveryarchivesources.shtml Archives on slavery held by the University of London] (archive)
Mémoire St Barth (archives & history of slavery, slave trade and their abolition), Comité de Liaison et d'Application des Sources Historiques.
Archives of the Middelburgsche Commercie Compagnie (MCC) 'Trade Company of Middelburg' (Inventory of the archives of the Dutch slave trade across the Atlantic)
Modern
news-politics, modern-slavery Modern Slavery - slideshow by The First Post
Slavery – PBS
Walk Free Foundation – Global Slavery Index 2013 | Explore the Index
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See also Treatment of slaves in the US, Exodus narrative in Antebellum America, Slavery among the indigenous peoples of the Americas
Books
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The Interesting Narrative of the Life of Olaudah Equiano (1789) ·
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Twelve Years a Slave (1853) ·
My Bondage and My Freedom (1855) ·
Incidents in the Life of a Slave Girl (1861) ·
The Underground Railroad Records (1872) ·
Up from Slavery (1901) ·
The Slave Community (1972)
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The Heroic Slave (1852) ·
Clotel (1853) ·
Dred: A Tale of the Great Dismal Swamp (1856) ·
The Bondwoman's Narrative (1853?-1861?) ·
Our Nig (1859) ·
Confessions of Nat Turner (1967) ·
Jubilee (1966) ·
Roots: The Saga of an American Family (1976) ·
Underground to Canada (1977) ·
Kindred (1979) ·
Dessa Rose (1986) ·
Beloved (1987) ·
Middle Passage (1990) ·
Queen: The Story of an American Family (1993) ·
Walk Through Darkness (2002) ·
The Known World (2003) ·
Unburnable (2006) ·
The Book of Negroes (2007)
Child / Young adult
I, Juan de Pareja (1965) ·
The Slave-girl from Jerusalem (2007)
Essay
To a Southern Slaveholder (1848) ·
A Key to Uncle Tom's Cabin (1853)
Related
African-American literature ·
Caribbean literature ·
Films featuring slavery ·
Songs of the Underground Railroad ·
Book of Negroes (1783) ·
Slave Songs of the United States (1867)
Documentaries
Unchained Memories (2003) ·
Frederick Douglass and the White Negro (2008)
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https://en.wikipedia.org/wiki/Slavery
Slavery and religion
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Slavery
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The issue of slavery and religion is an area of historical research into the relationship between the world's major religions and the practice of slavery.
Contents [hide]
1 Slavery in the Bible
2 Christianity 2.1 Slave Christianity
3 Islam
4 Bahá'í Faith
5 References
Slavery in the Bible[edit]
Main article: The Bible and slavery
Genesis narrative about the Curse of Ham has often been held to be an aetiological story, giving a reason for the enslavement of the Canaanites. The word ham is very similar to the Hebrew word for hot, which is cognate with an Egyptian word (kem, meaning black) used to refer to Egypt itself, in reference to the fertile black soil along the Nile valley. Although many scholars therefore view Ham as an eponym used to represent Egypt in the Table of Nations,[1] a number of Christians throughout history, including Origen[2] and the Cave of Treasures,[3] have argued for the alternate proposition that Ham represents all black people, his name symbolising their dark skin colour;[4] pro-slavery advocates, from Eutychius of Alexandria[5] and John Philoponus,[6] to American pro-slavery apologists,[7] have therefore occasionally interpreted the narrative as a condemnation of all black people to slavery.[8] A few Christians, like Jerome, even took up the racist notion that black people inherently had a soul as black as [their] body.[9]
Slavery was customary in antiquity, and it is condoned by the Torah, which occasionally compels it.[10][11] The Bible uses the Hebrew term ebed to refer to slavery; however, ebed has a much wider meaning than the English term slavery, and in several circumstances it is more accurately translated into English as servant.[12] It was seen as legitimate to enslave captives obtained through warfare,[13] but not through kidnapping.[14][15] Children could also be sold into debt bondage,[16] which was sometimes ordered by a court of law.[17][18][19]
As with the Hittite Laws and the Code of Hammurabi,[20] the bible does set minimum rules for the conditions under which slaves were to be kept. Slaves were to be treated as part of an extended family;[21] they were allowed to celebrate the Sukkot festival,[21] and expected to honour Shabbat.[22] Israelite slaves could not be compelled to work with rigour,[23][24] and debtors who sold themselves as slaves to their creditors had to be treated the same as a hired servant.[25] If a master harmed a slave in one of the ways covered by the lex talionis, the slave was to be compensated by manumission;[26] if the slave died within 24 to 48 hours, he or she was to be avenged[27] (whether this refers to the death penalty[19][28] or not[29] is uncertain).
Israelite slaves were automatically manumitted after six years of work, and/or at the next Jubilee (occurring either every 49 or every 50 years, depending on interpretation), although the latter would not apply if the slave was owned by an Israelite and wasn't in debt bondage.[30] Slaves released automatically in their 7th year of service, which did not include female slaves,[31] or[32][33] did,[34] were to be given livestock, grain, and wine, as a parting gift[35] (possibly hung round their necks[19]). This 7th-year manumission could be voluntarily renounced, which would be signified, as in other Ancient Near Eastern nations,[36] by the slave gaining a ritual ear piercing;[37] after such renunciation, the individual was enslaved forever (and not released at the Jubilee[38]). Non-Israelite slaves were always to be enslaved forever, and treated as inheritable property.[39]
In several Pauline epistles, and the First Epistle of Peter, slaves are admonished to obey their masters, as to the Lord, and not to men;[40][41][42][43][44] however these particular Pauline epistles are also those whose Pauline authorship is doubted by many modern scholars.[45][46][47][48][49][50][51][52][53][54][55][56] By contrast, the First Epistle to the Corinthians, one of the undisputed epistles,[57] describes lawfully obtained manumission as the ideal for slaves.[58] Another undisputed epistle is that to Philemon, which has become an important text in regard to slavery, being used by pro-slavery advocates as well as by abolitionists;[59][60] in the epistle, Paul returns Onesimus, a fugitive slave, back to his master nature, which was opposed to the equality in which mankind was created.[61] However, more mainstream forms of first century Judaism didn't exhibit such qualms about slavery, and ever since the 2nd century expulsion of Jews from Judea, wealthy Jews have owned non-Jewish slaves, wherever it was legal to do so;[19] nevertheless, manumissions were approved by Jewish religious officials on the slightest of pretexts, and court cases concerning manumission were nearly always decided in favour of freedom, whenever there was uncertainty towards the facts[28][62]
The Talmud, a document of great importance in Judaism, made many rulings which had the effect of making manumission easier and more likely:
The costly and compulsory giving of gifts was restricted the 7th-year manumission only[19]
The price of freedom was reduced to a proportion of the original purchase price rather than the total fee of a hired servant, and could be reduced further if the slave had become weak or sickly (and therefore less saleable).[19][28]
Voluntary manumission became officially possible, with the introduction of the manumission deed (the shetar shihrur), which was counted as prima facie proof of manumission.
Verbal declarations of manumission could no longer be revoked.[63]
Putting phylacteries on the slave, or making him publicly read three or more verses from the Torah, was counted as a declaration of the slave's manumission[28]
Extremely long term sickness, for up to 4 years in total, couldn't count against the slave's right to manumission after six years of enslavement[19][28]
Jewish participation in the slave trade itself was also regulated by the Talmud. Fear of apostasy lead to the Talmudic discouragement of the sale of Jewish slaves to non-Jews,[64] although loans were allowed;[65] similarly slave trade with Tyre was only to be for the purpose of removing slaves from non-Jewish religion.[66] Religious racism meant that the Talmudic writers completely forbade the sale or transfer of Canaanite slaves out from Palestine to elsewhere.[67] Other types of trade were also discouraged: men selling themselves to women, and post-pubescent daughters being sold into slavery by their fathers.[19][28] Pre-pubescent slave girls sold by their fathers had to be freed-then-married by their new owner, or his son, when she started puberty;[19] slaves could not be allowed to marry free Jews,[68] although masters were often granted access to the services of the wives of any of their slaves.[69]
According to the Talmudic law, killing of a slave is punishable in the same way as killing of a freeman, even it was committed by the owner. While slaves are considered the owner's property, they may not work on Sabbath and holidays; they may acquire and hold property of the own.[70]
Several prominent Jewish writers of the Middle Ages took offense at the idea that Jews might be enslaved; Joseph Caro and Maimonides both argue that calling a Jew slave was so offensive that it should be punished by excommunication.[71][72] However, they did not condemn enslavement of non-Jews. Indeed, they argued that the biblical rule, that slaves should be freed for certain injuries, should actually only apply to slaves who had converted to Judaism;[19] additionally, Maimonides argued that this manumission was really punishment of the owner, and therefore it could only be imposed by a court, and required evidence from witnesses.[19] Unlike the biblical law protecting fugitive slaves, Maimonides argued that such slaves should compelled to buy their freedom.[19][28]
At the same time, Maimonides and other halachic authorities forbade or strongly discouraged any unethical treatment of slaves. According to the traditional Jewish law, a slave is more like an indentured servant, who has rights and should be treated almost like a member of the owner's family. Maimonides wrote that, regardless whether a slave is Jewish or not, "The way of the pious and the wise is to be compassionate and to pursue justice, not to overburden or oppress a slave, and to provide them from every dish and every drink. The early sages would give their slaves from every dish on their table. They would feed their servants before sitting to their own meals... Slaves may not be maltreated of offended - the law destined them for service, not for humiliation. Do not shout at them or be angry with them, but hear them out." In another context, Maimonides wrote that all the laws of slavery are "mercy, compassion and forbearance".[73][74]"
Christianity[edit]
Main article: Christianity and slavery
Slavery in different forms existed within Christianity for over 18 centuries. Although in the early years of Christianity, freeing slaves was regarded as an act of charity,[75] and the Christian view of equality of all people including slaves was a novelty in the Roman Empire,[76] the actual institution of slavery was rarely criticised. Indeed, in 340, the Synod of Gangra condemned the Manicheans for their urging that slaves should liberate themselves; the canons of the Synod instead declared that anyone preaching abolitionism should be anathematised, and that slaves had a Christian obligation to submit to their masters. Augustine of Hippo, who renounced his former Manicheanism, argued that slavery was part of the mechanism to preserve the natural order of things;[77][78] John Chrysostom, regarded as a saint by Eastern Orthodoxy and Roman Catholicism, argued that slaves should be resigned to their fate, as by obeying his master he is obeying God[79] but also stated that Slavery is the fruit of covetousness, of extravagance, of insatiable greediness in his Epist. ad Ephes.[80] As the Apostle Paul admonished the early Christians; "There is neither Jew nor Greek: there is neither bond nor free: there is neither male nor female. For you are all one in Christ Jesus". And in fact, even some of the first popes were once slaves themselves.[76]
In 1452 Pope Nicholas V issued the papal bull Dum Diversas, which granted Afonso V of Portugal the right to reduce any "Saracens, pagans and any other unbelievers" to hereditary slavery. The approval of slavery under these conditions was reaffirmed and extended in his Romanus Pontifex bull of 1455. In 1488 Pope Innocent VIII accepted the gift of 100 slaves from Ferdinand II of Aragon and distributed those slaves to his cardinals and the Roman nobility. Also, in 1639 Pope Urban VIII purchased slaves for himself from the Knights of Malta.[81]
Other Popes in the 15th and 16th century denounced slavery as a great crime, including Pius II,[76] Paul III,[82] and Eugene IV.[83] In 1639, pope Urban VIII forbade slavery, as did Benedict XIV in 1741. In 1815, pope Pius VII demanded of the Congress of Vienna the suppression of the slave trade, and Gregory XVI condemned it again in 1839.[76]
In addition, the Dominican friars who arrived at the Spanish settlement at Santo Domingo in 1510 strongly denounced the enslavement of the local Indians. Along with other priests, they opposed their treatment as unjust and illegal in an audience with the Spanish king and in the subsequent royal commission.[84] As a response to this position, the Spanish monarchy's subsequent Requerimiento provided a religious justification for the enslavement of the local populations, on the pretext of refusing conversion to Roman Catholicism and therefore denying the authority of the Pope.[85]
Some other Christian organizations were slaveholders. The 18th century high-church Anglican Society for the Propagation of the Gospel in Foreign Parts owned the Codrington Plantation, in Barbados, containing several hundred slaves, branded on their chests with the word Society.[86][87] George Whitefield, famed for his sparking of the so-called Great Awakening of American evangelicalism, overturned a province-wide ban against slavery,[88] and went on to own several hundred slaves himself.[89]
At other times, Christian groups worked against slavery. The seventh century Saint Eloi used his vast wealth to purchase British and Saxon slaves in groups of 50 and 100 in order to set them free.[90] The Quakers in particular were early leaders in abolitionism, attacking slavery since at least 1688. In 1787 the Society for Effecting the Abolition of the Slave Trade was formed, with 9 of the 12 founder members being Quakers; William Wilberforce, an early supporter of the society, went on to push through the 1807 Slave Trade Act, striking a major blow against the transatlantic slave trade. Leaders of Methodism and Presbyterianism also vehemently denounced human bondage,[91][92] convincing their congregations to do likewise; Methodists subsequently made the repudiation of slavery a condition of membership.[93]
In the southern United States, however, support for slavery was strong; anti-slavery literature was prevented from passing through the postal system, and even sermons, from the famed English preacher Charles Spurgeon, were burned due to their censure of slavery.[94] When the American Civil War broke out, slavery became one of the issues which would be decided by the outcome; the southern defeat lead to a constitutional ban on slavery. Despite the general emancipation of slaves, members of fringe Christian groups like the Christian Identity movement, and the Ku Klux Klan (a white supremacist group) see the enslavement of Africans as a positive aspect of American history.
Slave Christianity[edit]
In the United States, Christianity not only held views about slavery but also on how slaves practiced their own form of Christianity. Prior to the work of Melville Herskovits in 1941, it was widely believed that all elements of African culture were destroyed by the horrific experiences of Africans forced to come to the United States of America. Since his groundbreaking work, scholarship has found that Slave Christianity existed as an extraordinarily creative patchwork of African and Christian religious tradition.[95] The slaves brought with them a wide variety of religious traditions including both tribal shamanism and Islam. Beyond that, tribal traditions could vary to a high degree across the African continent.
During the early eighteenth century, Anglican missionaries attempting to bring Christianity to slaves in the Southern colonies often found themselves butting up against not only uncooperative masters, but also resistant slaves. An unquestionable obstacle to the acceptance of Christianity among slaves was their desire to continue to adhere as much as possible to the religious beliefs and rituals of their African ancestors. Missionaries working in the South were especially displeased with slave retention of African practices such as polygamy and what they called idolatrous dancing. In fact, even blacks who embraced Christianity in America did not completely abandon Old World religion. Instead, they engaged in syncretism, blending Christian influences with traditional African rites and beliefs. Symbols and objects, such as crosses, were conflated with charms carried by Africans to ward off evil spirits. Christ was interpreted as a healer similar to the priests of Africa. In the New World, fusions of African spirituality and Christianity led to distinct new practices among slave populations, including voodoo or vodun in Haiti and Spanish Louisiana. Although African religious influences were also important among Northern blacks, exposure to Old World religions was more intense in the South, where the density of the black population was greater.
There were, however, some commonalities across the majority of tribal traditions. Perhaps the primary understanding of tribal traditions was that there was not a separation of the sacred and the secular.[96] All life was sacred and the supernatural was present in every facet and focus of life. Most tribal traditions highlighted this experience of the supernatural in ecstatic experiences of the supernatural brought on by ritual song and dance. Repetitious music and dancing were often used to bring on these experiences through the use of drums and chanting. The realization of these experiences was in the "possession" of a worshipper in which one not only is taken over by the divine but actually becomes one with the divine.[96]
Echoes of African tribal traditions can be seen in the Christianity practiced by slaves in the Americas. The song, dance, and ecstatic experiences of traditional tribal religion were Christianized and practiced by slaves in what is called the "Ring Shout." [97] This practice was a major mark of African American Christianity during the slavery period.
Islam[edit]
Main articles: Islamic views on slavery and Arab slave trade
See also: Ma malakat aymanukum, Muhammad's slaves and Slavery in 21st century Islamism
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Bilal ibn Ribah (pictured, atop the Kaaba) an Ethiopian former slave, was appointed by Muhammad to perform as the first official muezzin. He had been emancipated through Abu Bakr paying his ransom upon Muhammad's instruction. As a Muslim, he accompanied Muhammad on the Hijra and was the bearer of Muhammad's mace and spear on the latter's military expeditions. In January 630, in a richly symbolic moment, he was the first ever Muslim to proclaim adhan in Mecca as depicted.
One of the five pillars of Islam zakat is meant to encourage Muslims to donate money to free slaves and bonded labourers in countries where slaves and bonded labourers may have existed. In the hope that over time there will be no slaves left in that country. The amount of zakat to be paid on capital assets (e.g. money) is 2.5% (1/40) per year [98] for people who are not poor.
Quran, Surat At-Tawbah 9:60 specifies that Zakat is to be used for freeing slaves and bonded labourers
"Zakat expenditures are only for the poor and for the needy and for those employed to collect (Zakat) and for bringing hearts together and for freeing captives (or slaves) and for those in debt (or bonded labour) and for the cause of Allah and for the (stranded) traveller - an obligation (imposed) by Allah . And Allah is Knowing and Wise."
Muhammad would send his companions like Abu Bakr and Uthman ibn Affan to buy slaves to free. Many early converts to Islam were the poor and former slaves like Bilal ibn Rabah al-Habashi.[99][100][101][102]
The prophet Muhammad himself said one of the best deeds is to free a slave. In total his household and friends freed 39,237 slaves. One of his wives was a former slave and bore him a son, who died as an infant.[103]
Slaves are able to own their own property and purchase or acquire their freedom in various ways.
The slavery accepted by sharia laws limited the source of slaves to the children of two slave parents and war prisoners. Many sharia laws are devised through Ijtihad where there is no such ruling in the Quran or the Hadiths of Islamic prophet Muhammad regarding a similar case.[104] Therefore the judge continued to use the same ruling as was given in that area during preislamic times, if the population felt comfortable with it. As explained in the Muwatta[105] by Malik ibn Anas.[106] This made it easier for the different communities to integrate into the Islamic State and assisted in the quick expansion of the Islamic State. Many of the laws regarding slavery existed in the Byzantine empire before the people there became Muslims. Conditions were then imposed to improve the treatment of slaves and Zakat was imposed on the Muslims so that they would buy the slaves and free them.
The Qur'an provides for emancipation of a slave as a means (or in one case, a requirement of) demonstrating remorse for the commission of certain sins. During Ramadan, if one intentionally does not fast and its not for health reasons or they are travelling, and they could afford it, then for each fast, they have to Free a slave or a bonded labourer, and if that is not possible then they have to feed and/or clothe 60 people in need. Proclamations of emancipation and repudiations of participation in slave trafficking did not occur in Muslim lands until after the Christian-European Colonial era - as late as 1962 in Saudi Arabia, 1970 in Oman and Yemen, and 1981 in Mauritania.
Bahá'í Faith[edit]
Bahá'u'lláh, founder of the Bahá'í Faith, commended Queen Victoria for abolishing the slave trade in a letter written to her majesty between 1868-1872.[107] Bahá'u'lláh also forbids slavery in the Kitáb-i-Aqdas[108] written around 1873 considered by Bahá'ís to be the holiest book revealed by Bahá'u'lláh in which he states, "It is forbidden you to trade in slaves, be they men or women."[109]
References[edit]
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2.Jump up ^ Origen, Homilies, on Genesis 16:1
3.Jump up ^ (edited by Ciala Kourcikidzé), The cave of treasures: Georgian version, translated by Jean-Pierre Mahé in The written corpus of eastern Christianity 526-27, part of Scriptores Iberici 23-24 (Louvain, 1992-93), 21:38-39
4.Jump up ^ Goldenberg, D. M. (2003). The Curse of Ham. Princeton, New Jersey: Princeton University Press, page 141.
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9.Jump up ^ Jerome, Homilies, 1:3:28
10.Jump up ^ Exodus 22:2-3
11.Jump up ^ Deuteronomy 21:10-11
12.Jump up ^ Jewish Encyclopedia (1901), article on Slaves and Slavery
13.Jump up ^ Deuteronomy 20:10-16
14.Jump up ^ Deuteronomy 24:7
15.Jump up ^ Exodus 20:10-16
16.Jump up ^ Leviticus 25:44
17.Jump up ^ Isaiah 22:2-3
18.Jump up ^ 2 Kings 4:1-7
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20.Jump up ^ Peake's commentary on the Bible (1962), on Exodus 21:18-27
21.^ Jump up to: a b Deuteronomy 16:14
22.Jump up ^ Exodus 20:10
23.Jump up ^ Leviticus 25:43
24.Jump up ^ Leviticus 25:53
25.Jump up ^ Leviticus 25:39
26.Jump up ^ Exodus 21:26-27
27.Jump up ^ Exodus 21:20-21
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29.Jump up ^ Jewish Encyclopedia (1901), article on Avenger of Blood
30.Jump up ^ Leviticus 25:47-55
31.Jump up ^ Exodus 21:7
32.Jump up ^ Jewish Encyclopedia (1901), article on Law, Codification of
33.Jump up ^ Peake's commentary on the Bible (1962), on Exodus 21:2-11
34.Jump up ^ Deuteronomy 15:12
35.Jump up ^ Deuteronomy 15:13-14
36.Jump up ^ Thomas Kelly Cheyne and John Sutherland Black, Encyclopaedia Biblica (1903), article on Slavery
37.Jump up ^ Exodus 21:5-6
38.Jump up ^ Thomas Kelly Cheyne and John Sutherland Black, Encyclopaedia Biblica (1903), article on Slavery
39.Jump up ^ Leviticus 25:44-46
40.Jump up ^ Ephesians 6:5-8
41.Jump up ^ Colossians 3:22-25
42.Jump up ^ 1 Timothy 6:1
43.Jump up ^ Titus 2:9-10
44.Jump up ^ 1 Peter 2:18
45.Jump up ^ Ehrman, Bart D. (2004). The New Testament: A Historical Introduction to the Early Christian Writings. New York: Oxford. ISBN 0-19-515462-2., page 385
46.Jump up ^ Udo Schnelle, Apostle Paul: His Life and Theology (2003), [english translation published 2005]
47.Jump up ^ Hermann Detering, The Falsified Paul (1995)
48.Jump up ^ Stephen G. Wilson, Luke and the Pastoral Epistles (1979)
49.Jump up ^ Norman Perrin, The New Testament: An Introduction (1974)
50.Jump up ^ W. Bujard, Stilanalytische Untersuchungen zum Kolosserfrief als Beitrag zur Methodik von Sprachvergleichen (1973)
51.Jump up ^ E J Goodspeed, Key to Ephesians (1956), page 6
52.Jump up ^ Mitton, The Epistle to the Ephesians (1951), pages 245-255
53.Jump up ^ Alfred Loisy, The Origins of the New Testament (1936)
54.Jump up ^ Percy Neale Harrison, The Problem of the Pastoral Epistles (1921)
55.Jump up ^ Ferdinand Christian Baur, Paul, the Apostle of Jesus Christ: His Life and Works (1845)
56.Jump up ^ also partially advocated by Desiderius Erasmus
57.Jump up ^ Seven of the Pauline Epistles are regarded as genuine by most scholars; academics therefore use the term undisputed epistles to collectively refer to these seven
58.Jump up ^ 1 Corinthians 7:21-23
59.Jump up ^ Religion and the Antebellum Debate Over Slavery, by John R. McKivigan, Mitchell Snay
60.Jump up ^ Rev. George B. Cheever, D.D., in 1857. "God Against Slavery, p. 140, by Rev. George B. Cheever, D.D". Retrieved 23 October 2014.
61.Jump up ^ Philo, On the contemplative life
62.Jump up ^ The Minor Tractates, Abadim 9:6
63.Jump up ^ Gittin 1:6
64.Jump up ^ Gittin, 4:6
65.Jump up ^ Gittin, 46b
66.Jump up ^ Jewish Encyclopedia (1901), article on Fairs
67.Jump up ^ Gittin 4:6
68.Jump up ^ Gittin 4:5
69.Jump up ^ Kiddushin 22a
70.Jump up ^ Encyclopedia Judaica, 2007, vol. 18, p. 668
71.Jump up ^ Maimonides, Mishneh Torah, 6:14
72.Jump up ^ Joseph Caro, Shulkhan Arukh, Yoreah De'ah 334
73.Jump up ^ Encyclopedia Judaica, 2007, vol. 18, p. 670
74.Jump up ^ http://www.chabad.org/library/article_cdo/aid/305549/jewish/Torah-Slavery-and-the-Jews.htm
75.Jump up ^ Melissa Snell. "Slavery in the Middle Ages". About. Retrieved 23 October 2014.
76.^ Jump up to: a b c d Allard, Paul (1912). "Slavery and Christianity". Catholic Encyclopedia XIV. New York: Robert Appleton Company. Retrieved 15 October 2009.
77.Jump up ^ Augustine of Hippo, City of God
78.Jump up ^ Elaine Pagels, Adam, Eve, and the Serpent (1988), page 114
79.Jump up ^ Henri Daniel-Rops, Cathedral and Crusade (1957), page 263
80.Jump up ^ http://medicolegal.tripod.com/catholicsvslavery.htm Leroy J. Pletten, Roman Catholic Church Opposition to Slavery (2005)
81.Jump up ^ Bermejo, S.J., Luis M. (1992). Infallibity on Trial. London: Christian Classics, Inc. pp. 315–316. ISBN 0-87061-190-9.
82.Jump up ^ Alessandro Farnese, Sublimus Dei (1537) - online copy
83.Jump up ^ Gabriele Condulmer, Sicut Dudum (1435) - online copy
84.Jump up ^ Thomas, Hugh (2003). Rivers of Gold: The Rise of the Spanish Empire. London: Weidenfeld & Nicolson. pp. 258–262. ISBN 0-297-64563-3.
85.Jump up ^ Thomas, Hugh (2003). Rivers of Gold: The Rise of the Spanish Empire. London: Weidenfeld & Nicolson. p. 266. ISBN 0-297-64563-3.
86.Jump up ^ "BBC News story about a belated official apology for the Society's crimes". Retrieved 23 October 2014.
87.Jump up ^ Adam Hochschild, Bury the Chains, The British Struggle to Abolish Slavery (2005), page 61
88.Jump up ^ Arnold Dallimore, George Whitefield: The Life and Times of the Great Evangelist of the Eighteenth Century (1980), Volume 2
89.Jump up ^ Edward J. Cashin, Beloved Bethesda : A History of George Whitefield's Home for Boys (2001)
90.Jump up ^ Life in Medieval Times by Marjorie Rowling
91.Jump up ^ Thoughts Upon Slavery, John Wesley, Published in the year 1774, John Wesley: Holiness of Heart and Life, 1996 Ruth A. Daugherty
92.Jump up ^ Charles G. Finney, Memoirs (New York: A.S. Barnes, 1876), 324
93.Jump up ^ "Westward Expansion and Development of Abolitionist Thought", Kentucky underground railroad
94.Jump up ^ The Christian Cabinet, Dec. 14 1859
95.Jump up ^ Charles H. Lippy, "Slave Christianity" in Modern Christianity to 1900: A People's History of Christianity, ed. Amanda Porterfield (Minneapolis: Fortress Press, 2007), 291-292.
96.^ Jump up to: a b Charles H. Lippy, "Slave Christianity" in Modern Christianity to 1900: A People's History of Christianity, ed. Amanda Porterfield (Minneapolis: Fortress Press, 2007), 295.
97.Jump up ^ Charles H. Lippy, "Slave Christianity" in Modern Christianity to 1900: A People's History of Christianity, ed. Amanda Porterfield (Minneapolis: Fortress Press, 2007), 299-300.
98.Jump up ^ Medani Ahmed and Sebastian Gianci, Zakat, Encyclopedia of Taxation and Tax Policy, p. 479
99.Jump up ^ The Qur'an with Annotated Interpretation in Modern English By Ali Ünal Page 1323 [1]
100.Jump up ^ Encyclopedia of the Qur'an, Slaves and Slavery
101.Jump up ^ Bilal b. Rabah, Encyclopedia of Islam
102.Jump up ^ The Cambridge History of Islam (1977), p.36
103.Jump up ^ Montgomery Watt, Muhammad, Prophet and Statesman. Oxford University Press, 1961, page 226.
104.Jump up ^ "Modernist Islam, 1840-1940: A Sourcebook By Charles Kurzman - Page 236". Retrieved 23 October 2014.
105.Jump up ^ "Muwatta". Retrieved 23 October 2014.
106.Jump up ^ "History of Islamic Law by N. J. Coulson page 103". Retrieved 23 October 2014.
107.Jump up ^ ""Bahá'u'lláh's Tablets to the Rulers" by Juan R.I. Cole, Department of History, University of Michigan". Retrieved 23 October 2014.
108.Jump up ^ ""A Description of the Kitáb-i-Aqdas" page 14 by Shoghí Effendí Rabbání". Retrieved 23 October 2014.
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Slavery and religion
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Slavery
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The issue of slavery and religion is an area of historical research into the relationship between the world's major religions and the practice of slavery.
Contents [hide]
1 Slavery in the Bible
2 Christianity 2.1 Slave Christianity
3 Islam
4 Bahá'í Faith
5 References
Slavery in the Bible[edit]
Main article: The Bible and slavery
Genesis narrative about the Curse of Ham has often been held to be an aetiological story, giving a reason for the enslavement of the Canaanites. The word ham is very similar to the Hebrew word for hot, which is cognate with an Egyptian word (kem, meaning black) used to refer to Egypt itself, in reference to the fertile black soil along the Nile valley. Although many scholars therefore view Ham as an eponym used to represent Egypt in the Table of Nations,[1] a number of Christians throughout history, including Origen[2] and the Cave of Treasures,[3] have argued for the alternate proposition that Ham represents all black people, his name symbolising their dark skin colour;[4] pro-slavery advocates, from Eutychius of Alexandria[5] and John Philoponus,[6] to American pro-slavery apologists,[7] have therefore occasionally interpreted the narrative as a condemnation of all black people to slavery.[8] A few Christians, like Jerome, even took up the racist notion that black people inherently had a soul as black as [their] body.[9]
Slavery was customary in antiquity, and it is condoned by the Torah, which occasionally compels it.[10][11] The Bible uses the Hebrew term ebed to refer to slavery; however, ebed has a much wider meaning than the English term slavery, and in several circumstances it is more accurately translated into English as servant.[12] It was seen as legitimate to enslave captives obtained through warfare,[13] but not through kidnapping.[14][15] Children could also be sold into debt bondage,[16] which was sometimes ordered by a court of law.[17][18][19]
As with the Hittite Laws and the Code of Hammurabi,[20] the bible does set minimum rules for the conditions under which slaves were to be kept. Slaves were to be treated as part of an extended family;[21] they were allowed to celebrate the Sukkot festival,[21] and expected to honour Shabbat.[22] Israelite slaves could not be compelled to work with rigour,[23][24] and debtors who sold themselves as slaves to their creditors had to be treated the same as a hired servant.[25] If a master harmed a slave in one of the ways covered by the lex talionis, the slave was to be compensated by manumission;[26] if the slave died within 24 to 48 hours, he or she was to be avenged[27] (whether this refers to the death penalty[19][28] or not[29] is uncertain).
Israelite slaves were automatically manumitted after six years of work, and/or at the next Jubilee (occurring either every 49 or every 50 years, depending on interpretation), although the latter would not apply if the slave was owned by an Israelite and wasn't in debt bondage.[30] Slaves released automatically in their 7th year of service, which did not include female slaves,[31] or[32][33] did,[34] were to be given livestock, grain, and wine, as a parting gift[35] (possibly hung round their necks[19]). This 7th-year manumission could be voluntarily renounced, which would be signified, as in other Ancient Near Eastern nations,[36] by the slave gaining a ritual ear piercing;[37] after such renunciation, the individual was enslaved forever (and not released at the Jubilee[38]). Non-Israelite slaves were always to be enslaved forever, and treated as inheritable property.[39]
In several Pauline epistles, and the First Epistle of Peter, slaves are admonished to obey their masters, as to the Lord, and not to men;[40][41][42][43][44] however these particular Pauline epistles are also those whose Pauline authorship is doubted by many modern scholars.[45][46][47][48][49][50][51][52][53][54][55][56] By contrast, the First Epistle to the Corinthians, one of the undisputed epistles,[57] describes lawfully obtained manumission as the ideal for slaves.[58] Another undisputed epistle is that to Philemon, which has become an important text in regard to slavery, being used by pro-slavery advocates as well as by abolitionists;[59][60] in the epistle, Paul returns Onesimus, a fugitive slave, back to his master nature, which was opposed to the equality in which mankind was created.[61] However, more mainstream forms of first century Judaism didn't exhibit such qualms about slavery, and ever since the 2nd century expulsion of Jews from Judea, wealthy Jews have owned non-Jewish slaves, wherever it was legal to do so;[19] nevertheless, manumissions were approved by Jewish religious officials on the slightest of pretexts, and court cases concerning manumission were nearly always decided in favour of freedom, whenever there was uncertainty towards the facts[28][62]
The Talmud, a document of great importance in Judaism, made many rulings which had the effect of making manumission easier and more likely:
The costly and compulsory giving of gifts was restricted the 7th-year manumission only[19]
The price of freedom was reduced to a proportion of the original purchase price rather than the total fee of a hired servant, and could be reduced further if the slave had become weak or sickly (and therefore less saleable).[19][28]
Voluntary manumission became officially possible, with the introduction of the manumission deed (the shetar shihrur), which was counted as prima facie proof of manumission.
Verbal declarations of manumission could no longer be revoked.[63]
Putting phylacteries on the slave, or making him publicly read three or more verses from the Torah, was counted as a declaration of the slave's manumission[28]
Extremely long term sickness, for up to 4 years in total, couldn't count against the slave's right to manumission after six years of enslavement[19][28]
Jewish participation in the slave trade itself was also regulated by the Talmud. Fear of apostasy lead to the Talmudic discouragement of the sale of Jewish slaves to non-Jews,[64] although loans were allowed;[65] similarly slave trade with Tyre was only to be for the purpose of removing slaves from non-Jewish religion.[66] Religious racism meant that the Talmudic writers completely forbade the sale or transfer of Canaanite slaves out from Palestine to elsewhere.[67] Other types of trade were also discouraged: men selling themselves to women, and post-pubescent daughters being sold into slavery by their fathers.[19][28] Pre-pubescent slave girls sold by their fathers had to be freed-then-married by their new owner, or his son, when she started puberty;[19] slaves could not be allowed to marry free Jews,[68] although masters were often granted access to the services of the wives of any of their slaves.[69]
According to the Talmudic law, killing of a slave is punishable in the same way as killing of a freeman, even it was committed by the owner. While slaves are considered the owner's property, they may not work on Sabbath and holidays; they may acquire and hold property of the own.[70]
Several prominent Jewish writers of the Middle Ages took offense at the idea that Jews might be enslaved; Joseph Caro and Maimonides both argue that calling a Jew slave was so offensive that it should be punished by excommunication.[71][72] However, they did not condemn enslavement of non-Jews. Indeed, they argued that the biblical rule, that slaves should be freed for certain injuries, should actually only apply to slaves who had converted to Judaism;[19] additionally, Maimonides argued that this manumission was really punishment of the owner, and therefore it could only be imposed by a court, and required evidence from witnesses.[19] Unlike the biblical law protecting fugitive slaves, Maimonides argued that such slaves should compelled to buy their freedom.[19][28]
At the same time, Maimonides and other halachic authorities forbade or strongly discouraged any unethical treatment of slaves. According to the traditional Jewish law, a slave is more like an indentured servant, who has rights and should be treated almost like a member of the owner's family. Maimonides wrote that, regardless whether a slave is Jewish or not, "The way of the pious and the wise is to be compassionate and to pursue justice, not to overburden or oppress a slave, and to provide them from every dish and every drink. The early sages would give their slaves from every dish on their table. They would feed their servants before sitting to their own meals... Slaves may not be maltreated of offended - the law destined them for service, not for humiliation. Do not shout at them or be angry with them, but hear them out." In another context, Maimonides wrote that all the laws of slavery are "mercy, compassion and forbearance".[73][74]"
Christianity[edit]
Main article: Christianity and slavery
Slavery in different forms existed within Christianity for over 18 centuries. Although in the early years of Christianity, freeing slaves was regarded as an act of charity,[75] and the Christian view of equality of all people including slaves was a novelty in the Roman Empire,[76] the actual institution of slavery was rarely criticised. Indeed, in 340, the Synod of Gangra condemned the Manicheans for their urging that slaves should liberate themselves; the canons of the Synod instead declared that anyone preaching abolitionism should be anathematised, and that slaves had a Christian obligation to submit to their masters. Augustine of Hippo, who renounced his former Manicheanism, argued that slavery was part of the mechanism to preserve the natural order of things;[77][78] John Chrysostom, regarded as a saint by Eastern Orthodoxy and Roman Catholicism, argued that slaves should be resigned to their fate, as by obeying his master he is obeying God[79] but also stated that Slavery is the fruit of covetousness, of extravagance, of insatiable greediness in his Epist. ad Ephes.[80] As the Apostle Paul admonished the early Christians; "There is neither Jew nor Greek: there is neither bond nor free: there is neither male nor female. For you are all one in Christ Jesus". And in fact, even some of the first popes were once slaves themselves.[76]
In 1452 Pope Nicholas V issued the papal bull Dum Diversas, which granted Afonso V of Portugal the right to reduce any "Saracens, pagans and any other unbelievers" to hereditary slavery. The approval of slavery under these conditions was reaffirmed and extended in his Romanus Pontifex bull of 1455. In 1488 Pope Innocent VIII accepted the gift of 100 slaves from Ferdinand II of Aragon and distributed those slaves to his cardinals and the Roman nobility. Also, in 1639 Pope Urban VIII purchased slaves for himself from the Knights of Malta.[81]
Other Popes in the 15th and 16th century denounced slavery as a great crime, including Pius II,[76] Paul III,[82] and Eugene IV.[83] In 1639, pope Urban VIII forbade slavery, as did Benedict XIV in 1741. In 1815, pope Pius VII demanded of the Congress of Vienna the suppression of the slave trade, and Gregory XVI condemned it again in 1839.[76]
In addition, the Dominican friars who arrived at the Spanish settlement at Santo Domingo in 1510 strongly denounced the enslavement of the local Indians. Along with other priests, they opposed their treatment as unjust and illegal in an audience with the Spanish king and in the subsequent royal commission.[84] As a response to this position, the Spanish monarchy's subsequent Requerimiento provided a religious justification for the enslavement of the local populations, on the pretext of refusing conversion to Roman Catholicism and therefore denying the authority of the Pope.[85]
Some other Christian organizations were slaveholders. The 18th century high-church Anglican Society for the Propagation of the Gospel in Foreign Parts owned the Codrington Plantation, in Barbados, containing several hundred slaves, branded on their chests with the word Society.[86][87] George Whitefield, famed for his sparking of the so-called Great Awakening of American evangelicalism, overturned a province-wide ban against slavery,[88] and went on to own several hundred slaves himself.[89]
At other times, Christian groups worked against slavery. The seventh century Saint Eloi used his vast wealth to purchase British and Saxon slaves in groups of 50 and 100 in order to set them free.[90] The Quakers in particular were early leaders in abolitionism, attacking slavery since at least 1688. In 1787 the Society for Effecting the Abolition of the Slave Trade was formed, with 9 of the 12 founder members being Quakers; William Wilberforce, an early supporter of the society, went on to push through the 1807 Slave Trade Act, striking a major blow against the transatlantic slave trade. Leaders of Methodism and Presbyterianism also vehemently denounced human bondage,[91][92] convincing their congregations to do likewise; Methodists subsequently made the repudiation of slavery a condition of membership.[93]
In the southern United States, however, support for slavery was strong; anti-slavery literature was prevented from passing through the postal system, and even sermons, from the famed English preacher Charles Spurgeon, were burned due to their censure of slavery.[94] When the American Civil War broke out, slavery became one of the issues which would be decided by the outcome; the southern defeat lead to a constitutional ban on slavery. Despite the general emancipation of slaves, members of fringe Christian groups like the Christian Identity movement, and the Ku Klux Klan (a white supremacist group) see the enslavement of Africans as a positive aspect of American history.
Slave Christianity[edit]
In the United States, Christianity not only held views about slavery but also on how slaves practiced their own form of Christianity. Prior to the work of Melville Herskovits in 1941, it was widely believed that all elements of African culture were destroyed by the horrific experiences of Africans forced to come to the United States of America. Since his groundbreaking work, scholarship has found that Slave Christianity existed as an extraordinarily creative patchwork of African and Christian religious tradition.[95] The slaves brought with them a wide variety of religious traditions including both tribal shamanism and Islam. Beyond that, tribal traditions could vary to a high degree across the African continent.
During the early eighteenth century, Anglican missionaries attempting to bring Christianity to slaves in the Southern colonies often found themselves butting up against not only uncooperative masters, but also resistant slaves. An unquestionable obstacle to the acceptance of Christianity among slaves was their desire to continue to adhere as much as possible to the religious beliefs and rituals of their African ancestors. Missionaries working in the South were especially displeased with slave retention of African practices such as polygamy and what they called idolatrous dancing. In fact, even blacks who embraced Christianity in America did not completely abandon Old World religion. Instead, they engaged in syncretism, blending Christian influences with traditional African rites and beliefs. Symbols and objects, such as crosses, were conflated with charms carried by Africans to ward off evil spirits. Christ was interpreted as a healer similar to the priests of Africa. In the New World, fusions of African spirituality and Christianity led to distinct new practices among slave populations, including voodoo or vodun in Haiti and Spanish Louisiana. Although African religious influences were also important among Northern blacks, exposure to Old World religions was more intense in the South, where the density of the black population was greater.
There were, however, some commonalities across the majority of tribal traditions. Perhaps the primary understanding of tribal traditions was that there was not a separation of the sacred and the secular.[96] All life was sacred and the supernatural was present in every facet and focus of life. Most tribal traditions highlighted this experience of the supernatural in ecstatic experiences of the supernatural brought on by ritual song and dance. Repetitious music and dancing were often used to bring on these experiences through the use of drums and chanting. The realization of these experiences was in the "possession" of a worshipper in which one not only is taken over by the divine but actually becomes one with the divine.[96]
Echoes of African tribal traditions can be seen in the Christianity practiced by slaves in the Americas. The song, dance, and ecstatic experiences of traditional tribal religion were Christianized and practiced by slaves in what is called the "Ring Shout." [97] This practice was a major mark of African American Christianity during the slavery period.
Islam[edit]
Main articles: Islamic views on slavery and Arab slave trade
See also: Ma malakat aymanukum, Muhammad's slaves and Slavery in 21st century Islamism
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Bilal ibn Ribah (pictured, atop the Kaaba) an Ethiopian former slave, was appointed by Muhammad to perform as the first official muezzin. He had been emancipated through Abu Bakr paying his ransom upon Muhammad's instruction. As a Muslim, he accompanied Muhammad on the Hijra and was the bearer of Muhammad's mace and spear on the latter's military expeditions. In January 630, in a richly symbolic moment, he was the first ever Muslim to proclaim adhan in Mecca as depicted.
One of the five pillars of Islam zakat is meant to encourage Muslims to donate money to free slaves and bonded labourers in countries where slaves and bonded labourers may have existed. In the hope that over time there will be no slaves left in that country. The amount of zakat to be paid on capital assets (e.g. money) is 2.5% (1/40) per year [98] for people who are not poor.
Quran, Surat At-Tawbah 9:60 specifies that Zakat is to be used for freeing slaves and bonded labourers
"Zakat expenditures are only for the poor and for the needy and for those employed to collect (Zakat) and for bringing hearts together and for freeing captives (or slaves) and for those in debt (or bonded labour) and for the cause of Allah and for the (stranded) traveller - an obligation (imposed) by Allah . And Allah is Knowing and Wise."
Muhammad would send his companions like Abu Bakr and Uthman ibn Affan to buy slaves to free. Many early converts to Islam were the poor and former slaves like Bilal ibn Rabah al-Habashi.[99][100][101][102]
The prophet Muhammad himself said one of the best deeds is to free a slave. In total his household and friends freed 39,237 slaves. One of his wives was a former slave and bore him a son, who died as an infant.[103]
Slaves are able to own their own property and purchase or acquire their freedom in various ways.
The slavery accepted by sharia laws limited the source of slaves to the children of two slave parents and war prisoners. Many sharia laws are devised through Ijtihad where there is no such ruling in the Quran or the Hadiths of Islamic prophet Muhammad regarding a similar case.[104] Therefore the judge continued to use the same ruling as was given in that area during preislamic times, if the population felt comfortable with it. As explained in the Muwatta[105] by Malik ibn Anas.[106] This made it easier for the different communities to integrate into the Islamic State and assisted in the quick expansion of the Islamic State. Many of the laws regarding slavery existed in the Byzantine empire before the people there became Muslims. Conditions were then imposed to improve the treatment of slaves and Zakat was imposed on the Muslims so that they would buy the slaves and free them.
The Qur'an provides for emancipation of a slave as a means (or in one case, a requirement of) demonstrating remorse for the commission of certain sins. During Ramadan, if one intentionally does not fast and its not for health reasons or they are travelling, and they could afford it, then for each fast, they have to Free a slave or a bonded labourer, and if that is not possible then they have to feed and/or clothe 60 people in need. Proclamations of emancipation and repudiations of participation in slave trafficking did not occur in Muslim lands until after the Christian-European Colonial era - as late as 1962 in Saudi Arabia, 1970 in Oman and Yemen, and 1981 in Mauritania.
Bahá'í Faith[edit]
Bahá'u'lláh, founder of the Bahá'í Faith, commended Queen Victoria for abolishing the slave trade in a letter written to her majesty between 1868-1872.[107] Bahá'u'lláh also forbids slavery in the Kitáb-i-Aqdas[108] written around 1873 considered by Bahá'ís to be the holiest book revealed by Bahá'u'lláh in which he states, "It is forbidden you to trade in slaves, be they men or women."[109]
References[edit]
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13.Jump up ^ Deuteronomy 20:10-16
14.Jump up ^ Deuteronomy 24:7
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17.Jump up ^ Isaiah 22:2-3
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56.Jump up ^ also partially advocated by Desiderius Erasmus
57.Jump up ^ Seven of the Pauline Epistles are regarded as genuine by most scholars; academics therefore use the term undisputed epistles to collectively refer to these seven
58.Jump up ^ 1 Corinthians 7:21-23
59.Jump up ^ Religion and the Antebellum Debate Over Slavery, by John R. McKivigan, Mitchell Snay
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77.Jump up ^ Augustine of Hippo, City of God
78.Jump up ^ Elaine Pagels, Adam, Eve, and the Serpent (1988), page 114
79.Jump up ^ Henri Daniel-Rops, Cathedral and Crusade (1957), page 263
80.Jump up ^ http://medicolegal.tripod.com/catholicsvslavery.htm Leroy J. Pletten, Roman Catholic Church Opposition to Slavery (2005)
81.Jump up ^ Bermejo, S.J., Luis M. (1992). Infallibity on Trial. London: Christian Classics, Inc. pp. 315–316. ISBN 0-87061-190-9.
82.Jump up ^ Alessandro Farnese, Sublimus Dei (1537) - online copy
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86.Jump up ^ "BBC News story about a belated official apology for the Society's crimes". Retrieved 23 October 2014.
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89.Jump up ^ Edward J. Cashin, Beloved Bethesda : A History of George Whitefield's Home for Boys (2001)
90.Jump up ^ Life in Medieval Times by Marjorie Rowling
91.Jump up ^ Thoughts Upon Slavery, John Wesley, Published in the year 1774, John Wesley: Holiness of Heart and Life, 1996 Ruth A. Daugherty
92.Jump up ^ Charles G. Finney, Memoirs (New York: A.S. Barnes, 1876), 324
93.Jump up ^ "Westward Expansion and Development of Abolitionist Thought", Kentucky underground railroad
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95.Jump up ^ Charles H. Lippy, "Slave Christianity" in Modern Christianity to 1900: A People's History of Christianity, ed. Amanda Porterfield (Minneapolis: Fortress Press, 2007), 291-292.
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97.Jump up ^ Charles H. Lippy, "Slave Christianity" in Modern Christianity to 1900: A People's History of Christianity, ed. Amanda Porterfield (Minneapolis: Fortress Press, 2007), 299-300.
98.Jump up ^ Medani Ahmed and Sebastian Gianci, Zakat, Encyclopedia of Taxation and Tax Policy, p. 479
99.Jump up ^ The Qur'an with Annotated Interpretation in Modern English By Ali Ünal Page 1323 [1]
100.Jump up ^ Encyclopedia of the Qur'an, Slaves and Slavery
101.Jump up ^ Bilal b. Rabah, Encyclopedia of Islam
102.Jump up ^ The Cambridge History of Islam (1977), p.36
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Genocide
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This article is about the crime. For other uses, see Genocide (disambiguation).
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Genocide is the systematic elimination of all or a significant part of a racial, ethnic, religious, or national group. Well-known examples of genocide include the Holocaust, the Armenian Genocide, the Nanking Massacre, 1971 Bangladesh Genocide, Congolese genocide by Leopold II of Belgium and more recently the Rwandan Genocide, and the Bosnian Genocide.
Contents [hide]
1 Etymology
2 As a crime 2.1 International law
2.2 Specific provisions 2.2.1 "Intent to destroy"
2.2.2 "In part"
2.3 CPPCG coming into force
2.4 UN Security Council on genocide
2.5 Municipal law
3 Criticisms of the CPPCG and other definitions of genocide
4 International prosecution of genocide 4.1 By ad hoc tribunals 4.1.1 Nuremberg Tribunal (1945–1946)
4.1.2 International Criminal Tribunal for the Former Yugoslavia (1993 to present)
4.1.3 International Criminal Tribunal for Rwanda (1994 to present)
4.1.4 Extraordinary Chambers in the Courts of Cambodia (2003 to present)
4.2 By the International Criminal Court 4.2.1 Darfur, Sudan
5 Genocide in history
6 Stages of genocide, influences leading to genocide, and efforts to prevent it
7 See also 7.1 Research
8 Notes
9 References
10 Further reading
11 External links
Etymology[edit]
The term genocide became an official term used in international relations, before this was established Winston Churchill called it a crime with no name. The term use of the word "genocide" was not in existence before 1944. This word is classified to be a specific term used to define and refer to a specific set of violent crimes that are committed against a certain group with the purpose to remove the entire group from existence or destroy them. In the same year, a Polish-Jewish lawyer named Raphael Lemkin described the policies founded by the Nazis of systematic murder as genocide. the word genocide is the combination of the Greek word "Geno" which means tribe or race and “Cide” the Latin word for killing.
The word “genocide” was later included as a descriptive term to the process of indictment, but not yet as a formal legal term[1] According to Lemkin, genocide was defined as “a coordinated strategy to destroy a group of people, a process that could be accomplished through total annihilation as well as strategies that eliminate key elements of the group's basic existence, including language, culture, and economic infrastructure.” He created a concept of mobilizing much of the international relations and community, to working together and preventing the occurrence of such events happening within history and the international society.[2] The study of genocide has mainly been focused towards the legal aspect of the term. By formally recognizing the act of genocide as a crime, involves the undergoing prosecution that begins with not only seeing genocide as outrageous past any moral standpoint but also may be a legal liability within international relations. When genocide is looked at in a general aspect it is viewed as the deliberate killing of a certain group. Yet is commonly seen to escape the process of trial and prosecution due to the fact that genocide is more often than not committed by the officials in power of a state or area. In 1648 before the term genocide had been coined, the treaty of Westphalia was established to protect ethnic, national, racial and in some instances religious groups. During the 19th century humanitarian intervention was needed due to the fact of conflict and justification of some of the actions executed by the military.[3]
Raphael Lemkin, in his work Axis Rule in Occupied Europe (1944), or possibly in 1943, coined the term "genocide" by combining Greek genos (γένος), "race, people" and Latin cīdere "to kill".[4]
Lemkin defined genocide as follows:
Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups.
The preamble to the Genocide Convention ("CPPCG") notes that instances of genocide have taken place throughout history,[5] but it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg trials that the United Nations defined the crime of genocide under international law in the Genocide Convention.
During a video interview with Raphael Lemkin for the CBS, news commentator Quincy Howe asked him about how he came to be interested in the crime of genocide. He replied:
I became interested in genocide because it happened so many times. It happened to the Armenians, then after the Armenians, Hitler took action.[6][7]
Lemkin was also a close relative of genocide victims, losing 49 relatives in the Holocaust. However, his work on defining genocide as a crime dates to 1933, and it was prompted by the Simele massacre in Iraq.[8]
As a crime[edit]
International law[edit]
Buchenwald concentration camp was not an extermination camp, though it was responsible for a vast number of deaths
After the Holocaust, which had been perpetrated by the Nazi Germany and its allies prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocide. In 1946, the first session of the United Nations General Assembly adopted a resolution that "affirmed" that genocide was a crime under international law, but did not provide a legal definition of the crime. In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.[9]
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries, and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
...any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group;(b) Causing serious bodily or mental harm to members of the group;(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;(d) Imposing measures intended to prevent births within the group;(e) Forcibly transferring children of the group to another group.
The first draft of the Convention included political killings, but these provisions were removed in a political and diplomatic compromise following objections from some countries, including the USSR, a permanent security council member.[10][11] The USSR argued that the Convention's definition should follow the etymology of the term,[11] and may have feared greater international scrutiny of its own Great Purge.[10] Other nations feared that including political groups in the definition would invite international intervention in domestic politics.[11] However leading genocide scholar William Schabas states: “Rigorous examination of the travaux fails to confirm a popular impression in the literature that the opposition to inclusion of political genocide was some Soviet machination. The Soviet views were also shared by a number of other States for whom it is difficult to establish any geographic or social common denominator: Lebanon, Sweden, Brazil, Peru, Venezuela, the Philippines, the Dominican Republic, Iran, Egypt, Belgium, and Uruguay. The exclusion of political groups was in fact originally promoted by a non-governmental organization, the World Jewish Congress, and it corresponded to Raphael Lemkin’s vision of the nature of the crime of genocide.” [12]
The convention's purpose and scope was later described by the United Nations Security Council as follows:
The Convention was manifestly adopted for humanitarian and civilizing purposes. Its objectives are to safeguard the very existence of certain human groups and to affirm and emphasize the most elementary principles of humanity and morality. In view of the rights involved, the legal obligations to refrain from genocide are recognized as erga omnes.
When the Convention was drafted, it was already envisaged that it would apply not only to then existing forms of genocide, but also "to any method that might be evolved in the future with a view to destroying the physical existence of a group".[13] As emphasized in the preamble to the Convention, genocide has marred all periods of history, and it is this very tragic recognition that gives the concept its historical evolutionary nature.
The Convention must be interpreted in good faith, in accordance with the ordinary meaning of its terms, in their context, and in the light of its object and purpose. Moreover, the text of the Convention should be interpreted in such a way that a reason and a meaning can be attributed to every word. No word or provision may be disregarded or treated as superfluous, unless this is absolutely necessary to give effect to the terms read as a whole.[14]
Genocide is a crime under international law regardless of "whether committed in time of peace or in time of war" (art. I). Thus, irrespective of the context in which it occurs (for example, peace time, internal strife, international armed conflict or whatever the general overall situation) genocide is a punishable international crime.
— UN Commission of Experts that examined violations of international humanitarian law committed in the territory of the former Yugoslavia.[15]
Specific provisions[edit]
"Intent to destroy"[edit]
In 2007 the European Court of Human Rights (ECHR), noted in its judgement on Jorgic v. Germany case that in 1992 the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view and did not consider biological-physical destruction was necessary as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.[16]
In the same judgement the ECHR reviewed the judgements of several international and municipal courts judgements. It noted that International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation, that biological-physical destruction was necessary for an act to qualify as genocide. The ECHR also noted that at the time of its judgement, apart from courts in Germany which had taken a broad view, that there had been few cases of genocide under other Convention States municipal laws and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide".[17]
"In part"[edit]
Armenian Genocide victims
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law.[18] The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001)[19] that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)[20] paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms, but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group, or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."[21][22]
In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators’ activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."[20]
CPPCG coming into force[edit]
The Convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time, however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988. This long delay in support for the Convention by the world's most powerful nations caused the Convention to languish for over four decades. Only in the 1990s did the international law on the crime of genocide begin to be enforced.
UN Security Council on genocide[edit]
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity".[23] The resolution committed the Council to action to protect civilians in armed conflict.[24]
In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".[25]
Municipal law[edit]
Main article: Genocide under municipal laws
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.[26]
Criticisms of the CPPCG and other definitions of genocide[edit]
See also: Genocide definitions
William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require States to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.[27]
Writing in 1998 Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has an international legal credibility that others lack, other definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons.[28]
Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions to help them interpret events. For example Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and R. J. Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff and Ted Gurr have looked at post World War II events. Jonassohn and Björnson are critical of some of these studies, arguing that they are too expansive, and conclude that the academic discipline of genocide studies is too young to have a canon of work on which to build an academic paradigm.[28]
The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982[29] argues that the international definition of genocide is too restricted,[30] and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator."[31] While there are various definitions of the term, Adam Jones states that the majority of genocide scholars consider that "intent to destroy" is a requirement for any act to be labelled genocide, and that there is growing agreement on the inclusion of the physical destruction criterion.[32]
Barbara Harff and Ted Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ...[when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality."[33] Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups.[34][35] Daniel D. Polsby and Don B. Kates, Jr. state that "... we follow Harff's distinction between genocides and 'pogroms,' which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist.' If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."[36][37]
According to R. J. Rummel, genocide has 3 different meanings. The ordinary meaning is murder by government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide. This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.[38]
Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquire weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'.[39] The definition upholds the centrality of intent, the multidimensional understanding of destroy, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide (dependent on relative group size).
A major criticism of the international community's response to the Rwandan Genocide was that it was reactive, not proactive. The international community has developed a mechanism for prosecuting the perpetrators of genocide but has not developed the will or the mechanisms for intervening in a genocide as it happens. Critics point to the Darfur conflict and suggest that if anyone is found guilty of genocide after the conflict either by prosecutions brought in the International Criminal Court or in an ad hoc International Criminal Tribunal, this will confirm this perception.[citation needed]
International prosecution of genocide[edit]
By ad hoc tribunals[edit]
Nuon Chea, the Khmer Rouge's chief ideologist, before the Cambodian Genocide Tribunal on 5 December 2011.
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent.[40] Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.[41]
It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution, because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
Nuremberg Tribunal (1945–1946)[edit]
Main article: Nuremberg Trials
Because the universal acceptance of international laws which in 1948 defined and forbade genocide with the promulgation of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), those criminals who were prosecuted after the war in international courts for taking part in the Holocaust were found guilty of crimes against humanity and other more specific crimes like murder. Nevertheless, the Holocaust is universally recognized to have been a genocide and the term, that had been coined the year before by Raphael Lemkin,[42] appeared in the indictment of the 24 Nazi leaders, Count 3, which stated that all the defendants had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups..."[43]
International Criminal Tribunal for the Former Yugoslavia (1993 to present)[edit]
See also: Bosnian Genocide and List of Bosnian genocide prosecutions
The cemetery at the Srebrenica-Potočari Memorial and Cemetery to Genocide Victims
A boy at a grave during the 2006 funeral of genocide victims
The term Bosnian Genocide is used to refer either to the genocide committed by Serb forces in Srebrenica in 1995,[44] or to ethnic cleansing that took place during the 1992–1995 Bosnian War.[45]
In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide.[46]
On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the Srebrenica massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.[47]
On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases.[48][49][50] The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reu, of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".[51]
About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and he is currently in The Hague on trial accused of genocide among other crimes.[52] Ratko Mladić was arrested on 26 May 2011 by Serbian special police in Lazarevo, Serbia.[53]
International Criminal Tribunal for Rwanda (1994 to present)[edit]
See also: Rwandan Genocide
Rwandan Genocide Victims
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty seven accused persons. On 14 December 2009 two more men were accused and convicted for their crimes. Another twenty five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large.[54] The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pled guilty.
Extraordinary Chambers in the Courts of Cambodia (2003 to present)[edit]
Main articles: Killing Fields and Khmer Rouge Tribunal
Rooms of the Tuol Sleng Genocide Museum contain thousands of photos taken by the Khmer Rouge of their victims.
Skulls in the Choeung Ek.
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975–1979, including deaths from slave labour.[55]
On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979.[56] The judges were sworn in early July 2006.[57][58][59]
The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly more[60][61]
The investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.[57][62]
Kang Kek Iew was formally charged with war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008.[63] His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.[64]
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial, which is ongoing, started on 27 June 2011.[65][66]
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial, which is ongoing, started on 27 June 2011.[65][66]
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.[65][66]
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.[66][67]
There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.[62]
By the International Criminal Court[edit]
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.[68]
Darfur, Sudan[edit]
Main article: War in Darfur
A mother with her sick baby at Abu Shouk IDP camp in North Darfur
There has been much debate over categorizing the situation in Darfur as genocide.[69] The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee.[70] Since that time however, no other permanent member of the UN Security Council followed suit. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of the Sudan has not pursued a policy of genocide."[71] Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."[71]
In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes.[72] Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution.[73] As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.[74]
In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.[75]
On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge.[76]
Genocide in history[edit]
Naked Soviet POWs held by the Nazis in Mauthausen concentration camp. "... the murder of at least 3.3 million Soviet POWs is one of the least-known of modern genocides; there is still no full-length book on the subject in English." —Adam Jones[77]
Main article: Genocides in history
The preamble to the CPPCG states that "genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world," and that "at all periods of history genocide has inflicted great losses on humanity."
In many cases where accusations of genocide have circulated, partisans have fiercely disputed such an interpretation and the details of the event. This often leads to the promotion of vastly different versions of the event in question.
Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. For example, several European countries ban denying the Holocaust, while in Turkey referring to mass killings of Armenians, Greeks and Assyrians as a genocide may be prosecuted under Article 301.[78]
William Rubinstein argues that the origin of 20th century genocides can be traced to the collapse of the elite structure and normal modes of government in parts of Europe following the First World War:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
— William Rubinstein, Genocide: a history[79]
Stages of genocide, influences leading to genocide, and efforts to prevent it[edit]
For genocide to happen, there must be certain preconditions. Foremost among them is a national culture that does not place a high value on human life. A totalitarian society, with its assumed superior ideology, is also a precondition for genocidal acts.[80] In addition, members of the dominant society must perceive their potential victims as less than fully human: as "pagans," "savages," "uncouth barbarians," "unbelievers," "effete degenerates," "ritual outlaws," "racial inferiors," "class antagonists," "counterrevolutionaries," and so on.[81] In themselves, these conditions are not enough for the perpetrators to commit genocide. To do that—that is, to commit genocide—the perpetrators need a strong, centralized authority and bureaucratic organization as well as pathological individuals and criminals. Also required is a campaign of vilification and dehumanization of the victims by the perpetrators, who are usually new states or new regimes attempting to impose conformity to a new ideology and its model of society.[80]
— M. Hassan Kakar[82]
In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State.[83] In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".[83][84]
The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis is based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
Stage
Characteristics
Preventive measures
1.
Classification
People are divided into "us and them". "The main preventive measure at this early stage is to develop universalistic institutions that transcend... divisions."
2.
Symbolization
"When combined with hatred, symbols may be forced upon unwilling members of pariah groups..." "To combat symbolization, hate symbols can be legally forbidden as can hate speech".
3.
Dehumanization
"One group denies the humanity of the other group. Members of it are equated with animals, vermin, insects, or diseases." "Local and international leaders should condemn the use of hate speech and make it culturally unacceptable. Leaders who incite genocide should be banned from international travel and have their foreign finances frozen."
4.
Organization
"Genocide is always organized... Special army units or militias are often trained and armed..." "The U.N. should impose arms embargoes on governments and citizens of countries involved in genocidal massacres, and create commissions to investigate violations"
5.
Polarization
"Hate groups broadcast polarizing propaganda..." "Prevention may mean security protection for moderate leaders or assistance to human rights groups...Coups d’état by extremists should be opposed by international sanctions."
6.
Preparation
"Victims are identified and separated out because of their ethnic or religious identity..." "At this stage, a Genocide Emergency must be declared. ..."
7.
Extermination
"It is 'extermination' to the killers because they do not believe their victims to be fully human". "At this stage, only rapid and overwhelming armed intervention can stop genocide. Real safe areas or refugee escape corridors should be established with heavily armed international protection."
8.
Denial
"The perpetrators... deny that they committed any crimes..." "The response to denial is punishment by an international tribunal or national courts"
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.[85]
In a paper for the Social Science Research Council Dirk Moses criticises the Stanton approach concluding:
In view of this rather poor record of ending genocide, the question needs to be asked why the "genocide studies" paradigm cannot predict and prevent genocides with any accuracy and reliability. The paradigm of "genocide studies," as currently constituted in North America in particular, has both strengths and limitations. While the moral fervor and public activism is admirable and salutary, the paradigm appears blind to its own implication in imperial projects that are themselves as much part of the problem as they are part of the solution. The US government called Darfur a genocide to appease domestic lobbies, and because the statement cost it nothing. Darfur will end when it suits the great powers that have a stake in the region.
— Dirk Moses[86]
Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide.[87] Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. The conditions that lead to genocide provide guidance to early prevention, such as humanizing a devalued group, creating ideologies that embrace all groups, and activating bystander responses. There is substantial research to indicate how this can be done, but information is only slowly transformed into action.[88]
See also[edit]
Portal icon Genocide portal
Autogenocide
Countervalue
Crimes against humanity
Ethnic cleansing
Forensic osteology
Gendercide
Great Famine (Ireland)
Holodomor
Indian massacre
Infanticide
List of genocides
Local extinction
Mass murder
Genocidal rape
Policide
Social cleansing
Utilitarian genocide
Moriori
Research[edit]
The Center for the Study of Genocide, Conflict Resolution, and Human Rights
International Association of Genocide Scholars
Notes[edit]
1.Jump up ^ "What Is Genocide?" United States Holocaust Memorial Museum. United States Holocaust Memorial Council, 20 June 2014. Web. 24 Feb. 2015. <http://www.ushmm.org/wlc/en/article.php?ModuleId=10007043>.
2.Jump up ^ Rothenberg, Daniel. "Genocide." Encyclopedia of Genocide and Crimes Against Humanity. Ed. Dinah L. Shelton. Vol. 1. Detroit: Macmillan Reference USA, 2005. 395-397. Gale Virtual Reference Library. Web. 4 Mar. 2015.
3.Jump up ^ Schabas, William A. "United Nations Audiovisual Library of International Law." United Nations Audiovisual Library of International Law. National University of Ireland, n.d. Web. 04 Mar. 2015. <http://legal.un.org/avl/ha/cppcg/cppcg.html>.
4.Jump up ^ genocide in the Oxford English Dictionary, 2nd ed.—"1944 R. Lemkin Axis Rule in Occupied Europe ix. 79 By ‘genocide’ we mean the destruction of a nation or of an ethnic group."
5.Jump up ^ Office of the High Commissioner for Human Rights. Convention on the Prevention and Punishment of the Crime of Genocide Archived 2 May 2008 at the Wayback Machine
6.Jump up ^ Video interview with Raphael Lemkin - CBS News on YouTube
7.Jump up ^ Stanley, Alessandra (Apr 17, 2006). "A PBS Documentary Makes Its Case for the Armenian Genocide, With or Without a Debate". New York Times. Retrieved Aug 7, 2012.
8.Jump up ^ William Korey, "Raphael Lemkin: 'The Unofficial Man'," Midstream, June–July 1989, p. 45–48
9.Jump up ^ Rubinstein, W. D. (2004). Genocide: a history. Pearson Education. p. 308. ISBN 0-582-50601-8.
10.^ Jump up to: a b Robert Gellately & Ben Kiernan (2003). The Specter of Genocide: Mass Murder in Historical Perspective. Cambridge, UK: Cambridge University Press. p. 267. ISBN 0-521-52750-3.
11.^ Jump up to: a b c Staub, Ervin (31 July 1992). The Roots of Evil: The Origins of Genocide and Other Group Violence. Cambridge, UK: Cambridge University Press. p. 8. ISBN 0-521-42214-0.
12.Jump up ^ Genocide in International Law - The Crime of Crimes - Second Edition - William A. Schabas, pg 160
13.Jump up ^ From a statement made by Mr. Morozov, representative of the Union of Soviet Socialist Republics, on 19 April 1948 during the debate in the Ad Hoc Committee on Genocide (E/AC.25/SR.12).
14.Jump up ^ See Vienna Convention on the Law of Treaties, opened for signature on 23 May 1969, United Nations Treaty Series, vol. 1155, No. I-18232.
15.Jump up ^ Mandate, structure and methods of work: Genocide I of the UN Commission of Experts to examine violations of international humanitarian law committed in the territory of the former Yugoslavia, created by Security Council resolution 780 (1992) of 6 October 1992.
16.Jump up ^ European Court of Human Rights Judgement in Jorgic v. Germany (Application no. 74613/01) paragraphs 18, 36,74
17.Jump up ^ European Court of Human Rights Judgement in Jorgic v. Germany (Application no. 74613/01) paragraphs 43–46
18.Jump up ^ What is Genocide? McGill Faculty of Law (McGill University)
19.Jump up ^ Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001)
20.^ Jump up to: a b Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)
21.Jump up ^ Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) See Paragraph 6: "Article 4 of the Tribunal's Statute, like the Genocide Convention, covers certain acts done with "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such."
22.Jump up ^ Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, U.N. Doc. S/25704 at 36, annex (1993) and S/25704/Add.1 (1993), adopted by Security Council on 25 May 1993, Resolution 827 (1993).
23.Jump up ^ Resolution Resolution 1674 (2006)
24.Jump up ^ Security Council passes landmark resolution – world has responsibility to protect people from genocide Oxfam Press Release – 28 April 2006
25.Jump up ^ http://www.un.org/News/Press/docs/2008/sc9364.doc.htm
26.Jump up ^ The Crime of Genocide in Domestic Laws and Penal Codes website of prevent genocide international.
27.Jump up ^ William Schabas War crimes and human rights: essays on the death penalty, justice and accountability, Cameron May 2008 ISBN 1-905017-63-4, ISBN 978-1-905017-63-8. p. 791
28.^ Jump up to: a b Kurt Jonassohn & Karin Solveig Björnson, Genocide and Gross Human Rights Violations in Comparative Perspective: In Comparative Perspective, Transaction Publishers, 1998, ISBN 0-7658-0417-4, ISBN 978-0-7658-0417-4. pp. 133–135
29.Jump up ^ M. Hassan Kakar Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982 University of California press 1995 The Regents of the University of California.
30.Jump up ^ M. Hassan Kakar 4. The Story of Genocide in Afghanistan: 13. Genocide Throughout the Country
31.Jump up ^ Frank Chalk, Kurt Jonassohn The History and Sociology of Genocide: Analyses and Case Studies, Yale University Press, 1990, ISBN 0-300-04446-1
32.Jump up ^ Jones, Adam. Genocide: A Comprehensive Introduction, Routledge/Taylor & Francis Publishers, 2006. ISBN 0-415-35385-8. Chapter 1: The Origins of Genocide pp.20–21
33.Jump up ^ What is Genocide? McGill Faculty of Law (McGill University) source cites Barbara Harff and Ted Gurr Toward empirical theory of genocides and politicides, International Studies Quarterly, 37:3, 1988
34.Jump up ^ Origins and Evolution of the Concept in the Science Encyclopedia by Net Industries. states "Politicide, as [Barbara] Harff and [Ted R.] Gurr define it, refers to the killing of groups of people who are targeted not because of shared ethnic or communal traits, but because of 'their hierarchical position or political opposition to the regime and dominant groups' (p. 360)". But does not give the book title to go with the page number.
35.Jump up ^ Staff. There are NO Statutes of Limitations on the Crimes of Genocide! On the website of the American Patriot Friends Network. Cites Barbara Harff and Ted Gurr "Toward empirical theory of genocides and politicides," International Studies Quarterly 37, 3 [1988].
36.Jump up ^ Polsby, Daniel D.; Kates, Don B., Jr. (3 November 1997). "OF HOLOCAUSTS AND GUN CONTROL". Washington University Law Quarterly 75 (Fall): 1237. (cites Harff 1992, see other note)
37.Jump up ^ Harff, Barbara (1992). Fein, Helen, ed. "Recognizing Genocides and Politicides". Genocide Watch (New Haven, CT: Yale University Press) 27: 37, 38.
38.Jump up ^ Domocide versus genocide; which is what?
39.Jump up ^ Adrian Gallagher, Genocide and Its Threat to Contemporary International Order (Palgrave Macmillan, 2013) p. 37.
40.Jump up ^ United Nations Treaty Collection (As of 9 October 2001): Convention on the Prevention and Punishment of the Crime of Genocide on the web site of the Office of the United Nations High Commissioner for Human Rights
41.Jump up ^ (See for example the submission by Agent of the United States, Mr. David Andrews to the ICJ Public Sitting, 11 May 1999)
42.Jump up ^ Oxford English Dictionary: 1944 R. Lemkin Axis Rule in Occupied Europe ix. 79 "By 'genocide' we mean the destruction of a nation or of an ethnic group."
43.Jump up ^ Oxford English Dictionary "Genocide" citing Sunday Times 21 October 1945
44.Jump up ^ Staff. Bosnian genocide suspect extradited, BBC, 2 April 2002
45.Jump up ^ European Court of Human Rights. Jorgic v. Germany Judgment, 12 July 2007. § 47
46.Jump up ^ The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that genocide had been committed. (see paragraph 560 for name of group in English on whom the genocide was committed[who?][clarification needed]). It was upheld in Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)
47.Jump up ^ "Courte: Serbia failed to prevent genocide, UN court rules". The San Francisco Chronicle. Associated Press. 26 February 2007.
48.Jump up ^ ECHR Jorgic v. Germany. § 42 citing Prosecutor v. Krstic, IT-98-33-T, judgment of 2 August 2001, §§ 580
49.Jump up ^ ECHR Jorgic v. Germany Judgment, 12 July 2007. § 44 citing Prosecutor v. Kupreskic and Others (IT-95-16-T, judgment of 14 January 2000), § 751. In 14 January 2000, the ICTY ruled in the Prosecutor v. Kupreskic and Others case that the killing of 116 Muslims in order to expel the Muslim population from a village amounted to persecution, not genocide.
50.Jump up ^ ICJ press release 2007/8 26 February 2007
51.Jump up ^ http://icty.org/x/cases/krajisnik/cis/en/cis_krajisnik_en.pdf
52.Jump up ^ Staff (5 November 2009). "Q&A: Karadzic on trial". BBC News. Retrieved 28 January 2010.
53.Jump up ^ Staff (26 May 2011). "Q&A: Ratko Mladic arrested: Bosnia war crimes suspect held". BBC News. Retrieved 28 May 2011.
54.Jump up ^ These figures need revising they are from the ICTR page which says see www.ictr.org
55.Jump up ^ Cambodian Genocide Program, Yale University's MacMillan Center for International and Area Studies
56.Jump up ^ "A/RES/57/228B" (PDF). 2003-05-022. Retrieved 11 December 2010. Check date values in: |date= (help)
57.^ Jump up to: a b Doyle, Kevin. "Putting the Khmer Rouge on Trial", Time, 26 July 2007
58.Jump up ^ MacKinnon, Ian "Crisis talks to save Khmer Rouge trial", The Guardian, 7 March 2007
59.Jump up ^ The Khmer Rouge Trial Task Force, Royal Cambodian Government
60.Jump up ^ Case 002 The Extraordinary Chambers in the Courts of Cambodia. Retrieved 14 August 2014
61.Jump up ^ Former Khmer Rouge leaders begin genocide trial BBC. 30 July 2014
62.^ Jump up to: a b Buncombe, Andrew (11 October 2011). "Judge quits Cambodia genocide tribunal". The Independent (London).
63.Jump up ^ Ker Munthit (12 August 2008). "Cambodian tribunal indicts Khmer Rouge jailer". USA Today. Associated Press. Retrieved April 2012.
64.Jump up ^ "Kaing Guek Eav alias Duch Sentenced to Life Imprisonment by the Supreme Court Chamber". Extraordinary Chambers in the Courts of Cambodia. 3 February 2012. Retrieved April 2012.
65.^ Jump up to: a b c "Case 002". Extraordinary Chambers in the Courts of Cambodia. Retrieved April 2012.
66.^ Jump up to: a b c d "002/19-09-2007: Closing Order" (PDF). Extraordinary Chambers in the Courts of Cambodia. 15 September 2010. Retrieved April 2012.
67.Jump up ^ "002/19-09-2007: Decision on immediate appeal against Trial Chamber's order to release the accused Ieng Thirith" (PDF). Extraordinary Chambers in the Courts of Cambodia. 13 December 2011. Retrieved April 2012.
68.Jump up ^ Statement by Carolyn Willson, Minister Counselor for International Legal Affairs, on the Report of the ICC, in the UN General Assembly PDF (123 KB) 23 November 2005
69.Jump up ^ Jafari, Jamal and Paul Williams (2005) "Word Games: The UN and Genocide in Darfur" JURIST
70.Jump up ^ POWELL DECLARES KILLING IN DARFUR 'GENOCIDE', The NewsHour with Jim Lehrer, 9 September 2004
71.^ Jump up to: a b Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General PDF (1.14 MB), 25 January 2005, at 4
72.Jump up ^ Security Council Resolution 1593 (2005) PDF (24.8 KB)
73.Jump up ^ SECURITY COUNCIL REFERS SITUATION IN DARFUR, SUDAN, TO PROSECUTOR OF INTERNATIONAL CRIMINAL COURT, UN Press Release SC/8351, 31 March 2005
74.Jump up ^ Fourth Report of the Prosecutor of the International Criminal Court, to the Security Council pursuant to UNSC 1593 (2005) PDF (597 KB), Office of the Prosecutor of the International Criminal Court, 14 December 2006.
75.Jump up ^ Statement by Mr. Luis Moreno Ocampo, Prosecutor of the International Criminal Court, to the United Nations Security Council pursuant to UNSCR 1593 (2005), International Criminal Court, 5 June 2008
76.Jump up ^ ICC issues a warrant of arrest for Omar Al Bashir, President of Sudan (ICC-CPI-20090304-PR394), ICC press release, 4 March 2009
77.Jump up ^ Adam Jones (2010), Genocide: A Comprehensive Introduction (2nd ed.), p.271. – "'" Next to the Jews in Europe," wrote Alexander Werth', "the biggest single German crime was undoubtedly the extermination by hunger, exposure and in other ways of . . . Russian war prisoners." Yet the murder of at least 3.3 million Soviet POWs is one of the least-known of modern genocides; there is still no full-length book on the subject in English. It also stands as one of the most intensive genocides of all time: "a holocaust that devoured millions," as Catherine Merridale acknowledges. The large majority of POWs, some 2.8 million, were killed in just eight months of 1941–42, a rate of slaughter matched (to my knowledge) only by the 1994 Rwanda genocide."
78.Jump up ^ Pair guilty of 'insulting Turkey', BBC News, 11 October 2007.
79.Jump up ^ Rubinstein, W. D. (2004). Genocide: a history. Pearson Education. p.7. ISBN 0-582-50601-8
80.^ Jump up to: a b M. Hassan Kakar Chapter 4. The Story of Genocide in Afghanistan Footnote 9. Citing Horowitz, quoted in Chalk and Jonassohn, Genocide, 14.
81.Jump up ^ M. Hassan Kakar Chapter 4. The Story of Genocide in Afghanistan Footnote 10. Citing For details, see Carlton, War and Ideology.
82.Jump up ^ M. Hassan Kakar, Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982, University of California Press, 1995.
83.^ Jump up to: a b Gregory Stanton. The 8 Stages of Genocide, Genocide Watch, 1996
84.Jump up ^ The FBI has found somewhat similar stages for hate groups.
85.Jump up ^ http://aipr.wordpress.com/2012/04/19/genprev-in-the-news-19-april-2012/
86.Jump up ^ Dirk Moses Why the Discipline of "Genocide Studies" Has Trouble Explaining How Genocides End?, Social Science Research Council, 22 December 2006
87.Jump up ^ Staub, E (1989). The roots of evil: The origins of genocide and other group violence. New York: Cambridge University Press.[page needed]
88.Jump up ^ Staub, E. (2011) Overcoming evil: Genocide, violent conflict and terrorism New York: Oxford University Press.[page needed]
References[edit]
Kakar, M. Hassan. Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982. Berkeley: University of California Press, 1995. ISBN 0-520-08591-4.
Lemkin, Raphael (1944). Axis Rule in Occupied Europe: Laws of Occupation – Analysis of Government – Proposals for Redress. Washington, D.C: Carnegie Endowment for International Peace.
Further reading[edit]
Articles
The Genocide in Darfur is Not What It Seems Christian Science Monitor
(in Spanish) Aizenstatd, Najman Alexander. "Origen y Evolución del Concepto de Genocidio". Vol. 25 Revista de Derecho de la Universidad Francisco Marroquín 11 (2007). ISSN 1562-2576 [1]
No Lessons Learned from the Holocaust? Assessing Risks of Genocide and Political Mass Murder since 1955 American Political Science Review. Vol. 97, No. 1. February 2003.
Harff, B. and T. R. Gurr (1988). "Toward Empirical Theory of Genocides and Politicides: Identification and Measurement of Cases since 1945." International Studies Quarterly 32: 359–371.
(in Spanish) Marco, Jorge. "Genocidio y Genocide Studies: Definiciones y debates", en: Aróstegui, Julio, Marco, Jorge y Gómez Bravo, Gutmaro (coord.): "De Genocidios, Holocaustos, Exterminios...", Hispania Nova, 10 (2012). Véase [2]
What Really Happened in Rwanda? Christian Davenport and Allan C. Stam.
Reyntjens, F. (2004). "Rwanda, Ten Years On: From Genocide to Dictatorship." African Affairs 103(411): 177–210.
Brysk, Alison. 1994. "The Politics of Measurement: The Contested Count of the Disappeared in Argentina." Human Rights Quarterly 16: 676–92.
Davenport, C. and P. Ball (2002). "Views to a Kill: Exploring the Implications of Source Selection in the Case of Guatemalan State Terror, 1977–1996." Journal of Conflict Resolution 46(3): 427–450.
Krain, M. (1997). "State-Sponsored Mass Murder: A Study of the Onset and Severity of Genocides and Politicides." Journal of Conflict Resolution 41(3): 331–360.
Books
Andreopoulos, George J., ed. (1994). Genocide: Conceptual and Historical Dimensions. University of Pennsylvania Press. ISBN 0-8122-3249-6.
Ball, P., P. Kobrak, and H. Spirer (1999). State Violence in Guatemala, 1960–1996: A Quantitative Reflection. Washington, D.C.: American Association for the Advancement of Science.
Bloxham, Donald & Moses, A. Dirk [editors]: The Oxford Handbook of Genocide Studies. [Interdisciplinary Contributions about Past & Present Genocides]. Oxford University Press, second edition 2013. ISBN 978-0-19-967791-7
Chalk, Frank; Kurt Jonassohn (1990). The History and Sociology of Genocide: Analyses and Case Studies. Yale University Press. ISBN 0-300-04446-1.
Charny, Israel W. (1 December 1999). Encyclopedia of Genocide. ABC-Clio Inc. ISBN 0-87436-928-2.
Conversi, Daniele (2005). "Genocide, ethnic cleansing, and nationalism". In Gerard Delanty, Krishan Kumar (eds). Handbook of Nations and Nationalism. vol. 1. London: Sage Publications. pp. 319–333. ISBN 1-4129-0101-4.
Corradi, Juan, Patricia Weiss Fagen, and Manuel Antonio Garreton, eds. 1992. Fear at the Edge: State Terror and Resistance in Latin America. Berkeley: University of California Press.
Elliot, G. (1972). Twentieth Century Book of the Dead. New York, C. Scribner.
Goldhagen, Daniel (2009). Worse Than War: Genocide, Eliminationism, and the Ongoing Assault on Humanity. PublicAffairs. p. 672. ISBN 1-58648-769-8.
Harff, Barbara (August 2003). Early Warning of Communal Conflict and Genocide: Linking Empirical Research to International Responses. Westview Press. ISBN 0-8133-9840-1.
Hochschild, Adam (1998). King Leopold's Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa. Houghton Mifflin Harcourt. ISBN 0-395-75924-2.
Horowitz, Irving (2001). Taking Lives: Genocide and State Power (5th ed.). Transaction Publishers. ISBN 0-7658-0094-2.
Horvitz, Leslie Alan; Catherwood, Christopher (2011). Encyclopedia of War Crimes & Genocide (Hardcover) 2 (Revised ed.). New York: Facts on File. ISBN 978-0816080830. ISBN 0816080836
Jonassohn, Kurt; Karin Björnson (1998). Genocide and Gross Human Rights Violations. Transaction Publishers. ISBN 1-56000-314-6.
Jones, Adam (2010). Genocide: A Comprehensive Introduction. Routledge. ISBN 0-415-48619-X.
Kelly, Michael J. (2005). Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide & the Trials of Slobodan Milosevic and Saddam Hussein. Peter Lang. ISBN 0-8204-7835-0.
Kiernan, Ben (2007). Blood and Soil: A World History of Genocide and Extermination from Sparta to Darfur. Yale University Press. ISBN 0-300-10098-1.
Laban, Alexander (2002). Genocide: An Anthropological Reader. Blackwell Publishing. ISBN 0-631-22355-X.
Lemarchand, René (1996). Burundi: Ethnic Conflict and Genocide. Cambridge University Press. ISBN 0-521-56623-1.
Levene, M. (2005). Genocide in the Age of the Nation State. New York, Palgrave Macmillan.
MacKinnon, Catharine A. (2006). Are Women Human?: And Other International Dialogues. The Belknap Press of Harvard University Press. ISBN 0-674-02555-5.
Lewy, Guenter (2012). Essays on Genocide and Humanitarian Intervention. University of Utah Press. ISBN 978-1-60781-168-8.
Mamdani, M. (2001). When Victims Become Killers: Colonialism, Nativism, and the Genocide in Rwanda. Princeton, N.J., Princeton University Press.
Power, Samantha (2003). "A Problem from Hell": America and the Age of Genocide. Harper Perennial. ISBN 0-06-054164-4.
Rosenfeld, Gavriel D. (1999). "The Politics of Uniqueness: Reflections on the Recent Polemical Turn in Holocaust and Genocide Scholarship". Holocaust and Genocide Studies 13 (1): 28–61. doi:10.1093/hgs/13.1.28.
Rotberg, Robert I.; Thomas G. Weiss (1996). From Massacres to Genocide: The Media, Public Policy, and Humanitarian Crises. Brookings Institution Press. ISBN 0-8157-7590-3.
Rummel, R.J. (1994). Death by Government: Genocide and Mass Murder in the Twentieth Century. Transaction Publishers. ISBN 1-56000-927-6.
Sagall, Sabby (2013). Final Solutions: Human Nature, Capitalism and Genocide. Pluto Press. p. 309. ISBN 978-0-7453-2653-5.
Schabas, William A. (2009). Genocide in International Law: The Crime of Crimes (second edition). Cambridge University Press. ISBN 978-0-52-171900-1.
Schmid, A. P. (1991). Repression, State Terrorism, and Genocide: Conceptual Clarifications. State Organized Terror: The Case of Violent Internal Repression. P. T. Bushnell. Boulder, Colo.: Westview Press. 312 p.
Shaw, Martin (2007). What is Genocide?. Cambridge: Polity Press. ISBN 0-7456-3182-7.
Staub, Ervin (1989). The roots of evil: The origins of genocide and other group violence. New York: Cambridge University Press. 978-0521-42214-7
Staub, Ervin (2011). Overcoming Evil: Genocide, violent conflict and terrorism. New York: Oxford University Press. 978-0-19-538204-4
Sunga, Lyal S. (1997). The Emerging System of International Criminal Law: Developments in Codification and Implementation. Kluwer. ISBN 90-411-0472-0.
Sunga, Lyal S. (1992). Individual Responsibility in International Law for Serious Human Rights Violations. Springer. ISBN 0-7923-1453-0.
Tams, Christian J.; Berster, Lars; Schiffbauer, Björn (2014). Convention on the Prevention and Punishment of the Crime of Genocide: A Commentary. Munich: C.H. Beck. ISBN 978-3-406-60317-4.
Totten, Samuel; William S. Parsons; Israel W. Charny (2008). Century of Genocide: Critical Essays and Eyewitness Accounts (3rd ed.). Routledge. ISBN 0-415-99085-8.
Valentino, Benjamin A. (2004). Final Solutions: Mass Killing and Genocide in the 20th Century. Cornell University Press. ISBN 0-8014-3965-5.
Van den Berghe, P. L. (1990). State Violence and Ethnicity. Niwot, Colo., University of Colorado Press.
Weitz, Eric D. (2003). A Century of Genocide: Utopias of Race and Nation. Princeton University Press. p. 360. ISBN 0-691-12271-7.
"Preventing Genocide and Mass Killing: The Challenge for the United Nations" (PDF). Archived from the original (PDF) on 3 July 2007. PDF (366 KB), report by Minority Rights Group International, 2006
Overviews
Institute for the Study of Genocide/International Association of Genocide Scholars
Genocide Intervention Network
OneWorld Perspectives Magazine: Preventing Genocide (April/May 2006)- global human rights and development network looks at genocide from a variety of perspectives
Committee on Conscience of the United States Holocaust Memorial Museum; Responding to Threats of Genocide
Staff, The Crime of Genocide in Domestic Laws and Penal Codes, Prevent Genocide International
Voices of the Holocaust—a learning resource at the British Library
Convention on the Prevention and Punishment of the Crime of Genocide at Law-Ref.org—fully indexed and crosslinked with other documents
Documents and Resources on War, War Crimes and Genocide
International Network of Genocide Scholars (INoGS)
Genocide Watch at the Wayback Machine (archived June 18, 2007) stages of genocide
Genocide & Crimes Against Humanity—a learning resource, highlighting the cases of Myanmar, Bosnia, the DRC, and Darfur
Whitaker Report
Resources
Auschwitz Institute for Peace and Reconciliation
USA for UNHCR Web site
Research programs
Centre for the Study of Genocide and Mass Violence, Sheffield, United Kingdom
Center for Holocaust and Genocide Studies, Amsterdam, the Netherlands
Center for Holocaust and Genocide Studies, University of Minnesota
Genocide Studies Program, Yale University
GenoDynamics: Understanding Genocide Through Time and Space by Christian Davenport (Kroc Institute – University of Notre Dame) and Allan Stlam (University of Michigan)
Montreal Institute for Genocide Studies, Concordia University
Minorities at Risk project at the University of Maryland
The Inforce Foundation (International Forensic Centre of Excellence), UK
Foundation for the International Prevention of Genocide and Mass Atrocities, Hungary
Master of Arts in Holocaust & Genocide, Stockton University
External links[edit]
Wikiquote has quotations related to: Genocide
Look up genocide in Wiktionary, the free dictionary.
Wikimedia Commons has media related to Genocide.
Goldhagen, Daniel (14 April 2010). "Genocide: Worse Than War". PBS.
Ethnocide by Barbara Lukunka in the encyclopedia of mass violence
Defining the Terms: Genocide at Yad Vashem website
Genocide and Democide
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https://en.wikipedia.org/wiki/Genocide
Genocide
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This article is about the crime. For other uses, see Genocide (disambiguation).
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Genocide is the systematic elimination of all or a significant part of a racial, ethnic, religious, or national group. Well-known examples of genocide include the Holocaust, the Armenian Genocide, the Nanking Massacre, 1971 Bangladesh Genocide, Congolese genocide by Leopold II of Belgium and more recently the Rwandan Genocide, and the Bosnian Genocide.
Contents [hide]
1 Etymology
2 As a crime 2.1 International law
2.2 Specific provisions 2.2.1 "Intent to destroy"
2.2.2 "In part"
2.3 CPPCG coming into force
2.4 UN Security Council on genocide
2.5 Municipal law
3 Criticisms of the CPPCG and other definitions of genocide
4 International prosecution of genocide 4.1 By ad hoc tribunals 4.1.1 Nuremberg Tribunal (1945–1946)
4.1.2 International Criminal Tribunal for the Former Yugoslavia (1993 to present)
4.1.3 International Criminal Tribunal for Rwanda (1994 to present)
4.1.4 Extraordinary Chambers in the Courts of Cambodia (2003 to present)
4.2 By the International Criminal Court 4.2.1 Darfur, Sudan
5 Genocide in history
6 Stages of genocide, influences leading to genocide, and efforts to prevent it
7 See also 7.1 Research
8 Notes
9 References
10 Further reading
11 External links
Etymology[edit]
The term genocide became an official term used in international relations, before this was established Winston Churchill called it a crime with no name. The term use of the word "genocide" was not in existence before 1944. This word is classified to be a specific term used to define and refer to a specific set of violent crimes that are committed against a certain group with the purpose to remove the entire group from existence or destroy them. In the same year, a Polish-Jewish lawyer named Raphael Lemkin described the policies founded by the Nazis of systematic murder as genocide. the word genocide is the combination of the Greek word "Geno" which means tribe or race and “Cide” the Latin word for killing.
The word “genocide” was later included as a descriptive term to the process of indictment, but not yet as a formal legal term[1] According to Lemkin, genocide was defined as “a coordinated strategy to destroy a group of people, a process that could be accomplished through total annihilation as well as strategies that eliminate key elements of the group's basic existence, including language, culture, and economic infrastructure.” He created a concept of mobilizing much of the international relations and community, to working together and preventing the occurrence of such events happening within history and the international society.[2] The study of genocide has mainly been focused towards the legal aspect of the term. By formally recognizing the act of genocide as a crime, involves the undergoing prosecution that begins with not only seeing genocide as outrageous past any moral standpoint but also may be a legal liability within international relations. When genocide is looked at in a general aspect it is viewed as the deliberate killing of a certain group. Yet is commonly seen to escape the process of trial and prosecution due to the fact that genocide is more often than not committed by the officials in power of a state or area. In 1648 before the term genocide had been coined, the treaty of Westphalia was established to protect ethnic, national, racial and in some instances religious groups. During the 19th century humanitarian intervention was needed due to the fact of conflict and justification of some of the actions executed by the military.[3]
Raphael Lemkin, in his work Axis Rule in Occupied Europe (1944), or possibly in 1943, coined the term "genocide" by combining Greek genos (γένος), "race, people" and Latin cīdere "to kill".[4]
Lemkin defined genocide as follows:
Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups.
The preamble to the Genocide Convention ("CPPCG") notes that instances of genocide have taken place throughout history,[5] but it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg trials that the United Nations defined the crime of genocide under international law in the Genocide Convention.
During a video interview with Raphael Lemkin for the CBS, news commentator Quincy Howe asked him about how he came to be interested in the crime of genocide. He replied:
I became interested in genocide because it happened so many times. It happened to the Armenians, then after the Armenians, Hitler took action.[6][7]
Lemkin was also a close relative of genocide victims, losing 49 relatives in the Holocaust. However, his work on defining genocide as a crime dates to 1933, and it was prompted by the Simele massacre in Iraq.[8]
As a crime[edit]
International law[edit]
Buchenwald concentration camp was not an extermination camp, though it was responsible for a vast number of deaths
After the Holocaust, which had been perpetrated by the Nazi Germany and its allies prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocide. In 1946, the first session of the United Nations General Assembly adopted a resolution that "affirmed" that genocide was a crime under international law, but did not provide a legal definition of the crime. In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.[9]
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries, and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
...any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group;(b) Causing serious bodily or mental harm to members of the group;(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;(d) Imposing measures intended to prevent births within the group;(e) Forcibly transferring children of the group to another group.
The first draft of the Convention included political killings, but these provisions were removed in a political and diplomatic compromise following objections from some countries, including the USSR, a permanent security council member.[10][11] The USSR argued that the Convention's definition should follow the etymology of the term,[11] and may have feared greater international scrutiny of its own Great Purge.[10] Other nations feared that including political groups in the definition would invite international intervention in domestic politics.[11] However leading genocide scholar William Schabas states: “Rigorous examination of the travaux fails to confirm a popular impression in the literature that the opposition to inclusion of political genocide was some Soviet machination. The Soviet views were also shared by a number of other States for whom it is difficult to establish any geographic or social common denominator: Lebanon, Sweden, Brazil, Peru, Venezuela, the Philippines, the Dominican Republic, Iran, Egypt, Belgium, and Uruguay. The exclusion of political groups was in fact originally promoted by a non-governmental organization, the World Jewish Congress, and it corresponded to Raphael Lemkin’s vision of the nature of the crime of genocide.” [12]
The convention's purpose and scope was later described by the United Nations Security Council as follows:
The Convention was manifestly adopted for humanitarian and civilizing purposes. Its objectives are to safeguard the very existence of certain human groups and to affirm and emphasize the most elementary principles of humanity and morality. In view of the rights involved, the legal obligations to refrain from genocide are recognized as erga omnes.
When the Convention was drafted, it was already envisaged that it would apply not only to then existing forms of genocide, but also "to any method that might be evolved in the future with a view to destroying the physical existence of a group".[13] As emphasized in the preamble to the Convention, genocide has marred all periods of history, and it is this very tragic recognition that gives the concept its historical evolutionary nature.
The Convention must be interpreted in good faith, in accordance with the ordinary meaning of its terms, in their context, and in the light of its object and purpose. Moreover, the text of the Convention should be interpreted in such a way that a reason and a meaning can be attributed to every word. No word or provision may be disregarded or treated as superfluous, unless this is absolutely necessary to give effect to the terms read as a whole.[14]
Genocide is a crime under international law regardless of "whether committed in time of peace or in time of war" (art. I). Thus, irrespective of the context in which it occurs (for example, peace time, internal strife, international armed conflict or whatever the general overall situation) genocide is a punishable international crime.
— UN Commission of Experts that examined violations of international humanitarian law committed in the territory of the former Yugoslavia.[15]
Specific provisions[edit]
"Intent to destroy"[edit]
In 2007 the European Court of Human Rights (ECHR), noted in its judgement on Jorgic v. Germany case that in 1992 the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view and did not consider biological-physical destruction was necessary as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.[16]
In the same judgement the ECHR reviewed the judgements of several international and municipal courts judgements. It noted that International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation, that biological-physical destruction was necessary for an act to qualify as genocide. The ECHR also noted that at the time of its judgement, apart from courts in Germany which had taken a broad view, that there had been few cases of genocide under other Convention States municipal laws and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide".[17]
"In part"[edit]
Armenian Genocide victims
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law.[18] The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001)[19] that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)[20] paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms, but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group, or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."[21][22]
In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators’ activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."[20]
CPPCG coming into force[edit]
The Convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time, however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988. This long delay in support for the Convention by the world's most powerful nations caused the Convention to languish for over four decades. Only in the 1990s did the international law on the crime of genocide begin to be enforced.
UN Security Council on genocide[edit]
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity".[23] The resolution committed the Council to action to protect civilians in armed conflict.[24]
In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".[25]
Municipal law[edit]
Main article: Genocide under municipal laws
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.[26]
Criticisms of the CPPCG and other definitions of genocide[edit]
See also: Genocide definitions
William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require States to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.[27]
Writing in 1998 Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has an international legal credibility that others lack, other definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons.[28]
Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions to help them interpret events. For example Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and R. J. Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff and Ted Gurr have looked at post World War II events. Jonassohn and Björnson are critical of some of these studies, arguing that they are too expansive, and conclude that the academic discipline of genocide studies is too young to have a canon of work on which to build an academic paradigm.[28]
The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982[29] argues that the international definition of genocide is too restricted,[30] and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator."[31] While there are various definitions of the term, Adam Jones states that the majority of genocide scholars consider that "intent to destroy" is a requirement for any act to be labelled genocide, and that there is growing agreement on the inclusion of the physical destruction criterion.[32]
Barbara Harff and Ted Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ...[when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality."[33] Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups.[34][35] Daniel D. Polsby and Don B. Kates, Jr. state that "... we follow Harff's distinction between genocides and 'pogroms,' which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist.' If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."[36][37]
According to R. J. Rummel, genocide has 3 different meanings. The ordinary meaning is murder by government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide. This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.[38]
Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquire weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'.[39] The definition upholds the centrality of intent, the multidimensional understanding of destroy, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide (dependent on relative group size).
A major criticism of the international community's response to the Rwandan Genocide was that it was reactive, not proactive. The international community has developed a mechanism for prosecuting the perpetrators of genocide but has not developed the will or the mechanisms for intervening in a genocide as it happens. Critics point to the Darfur conflict and suggest that if anyone is found guilty of genocide after the conflict either by prosecutions brought in the International Criminal Court or in an ad hoc International Criminal Tribunal, this will confirm this perception.[citation needed]
International prosecution of genocide[edit]
By ad hoc tribunals[edit]
Nuon Chea, the Khmer Rouge's chief ideologist, before the Cambodian Genocide Tribunal on 5 December 2011.
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent.[40] Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.[41]
It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution, because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
Nuremberg Tribunal (1945–1946)[edit]
Main article: Nuremberg Trials
Because the universal acceptance of international laws which in 1948 defined and forbade genocide with the promulgation of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), those criminals who were prosecuted after the war in international courts for taking part in the Holocaust were found guilty of crimes against humanity and other more specific crimes like murder. Nevertheless, the Holocaust is universally recognized to have been a genocide and the term, that had been coined the year before by Raphael Lemkin,[42] appeared in the indictment of the 24 Nazi leaders, Count 3, which stated that all the defendants had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups..."[43]
International Criminal Tribunal for the Former Yugoslavia (1993 to present)[edit]
See also: Bosnian Genocide and List of Bosnian genocide prosecutions
The cemetery at the Srebrenica-Potočari Memorial and Cemetery to Genocide Victims
A boy at a grave during the 2006 funeral of genocide victims
The term Bosnian Genocide is used to refer either to the genocide committed by Serb forces in Srebrenica in 1995,[44] or to ethnic cleansing that took place during the 1992–1995 Bosnian War.[45]
In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide.[46]
On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the Srebrenica massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.[47]
On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases.[48][49][50] The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reu, of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".[51]
About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and he is currently in The Hague on trial accused of genocide among other crimes.[52] Ratko Mladić was arrested on 26 May 2011 by Serbian special police in Lazarevo, Serbia.[53]
International Criminal Tribunal for Rwanda (1994 to present)[edit]
See also: Rwandan Genocide
Rwandan Genocide Victims
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty seven accused persons. On 14 December 2009 two more men were accused and convicted for their crimes. Another twenty five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large.[54] The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pled guilty.
Extraordinary Chambers in the Courts of Cambodia (2003 to present)[edit]
Main articles: Killing Fields and Khmer Rouge Tribunal
Rooms of the Tuol Sleng Genocide Museum contain thousands of photos taken by the Khmer Rouge of their victims.
Skulls in the Choeung Ek.
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975–1979, including deaths from slave labour.[55]
On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979.[56] The judges were sworn in early July 2006.[57][58][59]
The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly more[60][61]
The investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.[57][62]
Kang Kek Iew was formally charged with war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008.[63] His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.[64]
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial, which is ongoing, started on 27 June 2011.[65][66]
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial, which is ongoing, started on 27 June 2011.[65][66]
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.[65][66]
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.[66][67]
There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.[62]
By the International Criminal Court[edit]
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.[68]
Darfur, Sudan[edit]
Main article: War in Darfur
A mother with her sick baby at Abu Shouk IDP camp in North Darfur
There has been much debate over categorizing the situation in Darfur as genocide.[69] The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee.[70] Since that time however, no other permanent member of the UN Security Council followed suit. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of the Sudan has not pursued a policy of genocide."[71] Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."[71]
In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes.[72] Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution.[73] As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.[74]
In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.[75]
On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge.[76]
Genocide in history[edit]
Naked Soviet POWs held by the Nazis in Mauthausen concentration camp. "... the murder of at least 3.3 million Soviet POWs is one of the least-known of modern genocides; there is still no full-length book on the subject in English." —Adam Jones[77]
Main article: Genocides in history
The preamble to the CPPCG states that "genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world," and that "at all periods of history genocide has inflicted great losses on humanity."
In many cases where accusations of genocide have circulated, partisans have fiercely disputed such an interpretation and the details of the event. This often leads to the promotion of vastly different versions of the event in question.
Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. For example, several European countries ban denying the Holocaust, while in Turkey referring to mass killings of Armenians, Greeks and Assyrians as a genocide may be prosecuted under Article 301.[78]
William Rubinstein argues that the origin of 20th century genocides can be traced to the collapse of the elite structure and normal modes of government in parts of Europe following the First World War:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
— William Rubinstein, Genocide: a history[79]
Stages of genocide, influences leading to genocide, and efforts to prevent it[edit]
For genocide to happen, there must be certain preconditions. Foremost among them is a national culture that does not place a high value on human life. A totalitarian society, with its assumed superior ideology, is also a precondition for genocidal acts.[80] In addition, members of the dominant society must perceive their potential victims as less than fully human: as "pagans," "savages," "uncouth barbarians," "unbelievers," "effete degenerates," "ritual outlaws," "racial inferiors," "class antagonists," "counterrevolutionaries," and so on.[81] In themselves, these conditions are not enough for the perpetrators to commit genocide. To do that—that is, to commit genocide—the perpetrators need a strong, centralized authority and bureaucratic organization as well as pathological individuals and criminals. Also required is a campaign of vilification and dehumanization of the victims by the perpetrators, who are usually new states or new regimes attempting to impose conformity to a new ideology and its model of society.[80]
— M. Hassan Kakar[82]
In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State.[83] In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".[83][84]
The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis is based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
Stage
Characteristics
Preventive measures
1.
Classification
People are divided into "us and them". "The main preventive measure at this early stage is to develop universalistic institutions that transcend... divisions."
2.
Symbolization
"When combined with hatred, symbols may be forced upon unwilling members of pariah groups..." "To combat symbolization, hate symbols can be legally forbidden as can hate speech".
3.
Dehumanization
"One group denies the humanity of the other group. Members of it are equated with animals, vermin, insects, or diseases." "Local and international leaders should condemn the use of hate speech and make it culturally unacceptable. Leaders who incite genocide should be banned from international travel and have their foreign finances frozen."
4.
Organization
"Genocide is always organized... Special army units or militias are often trained and armed..." "The U.N. should impose arms embargoes on governments and citizens of countries involved in genocidal massacres, and create commissions to investigate violations"
5.
Polarization
"Hate groups broadcast polarizing propaganda..." "Prevention may mean security protection for moderate leaders or assistance to human rights groups...Coups d’état by extremists should be opposed by international sanctions."
6.
Preparation
"Victims are identified and separated out because of their ethnic or religious identity..." "At this stage, a Genocide Emergency must be declared. ..."
7.
Extermination
"It is 'extermination' to the killers because they do not believe their victims to be fully human". "At this stage, only rapid and overwhelming armed intervention can stop genocide. Real safe areas or refugee escape corridors should be established with heavily armed international protection."
8.
Denial
"The perpetrators... deny that they committed any crimes..." "The response to denial is punishment by an international tribunal or national courts"
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.[85]
In a paper for the Social Science Research Council Dirk Moses criticises the Stanton approach concluding:
In view of this rather poor record of ending genocide, the question needs to be asked why the "genocide studies" paradigm cannot predict and prevent genocides with any accuracy and reliability. The paradigm of "genocide studies," as currently constituted in North America in particular, has both strengths and limitations. While the moral fervor and public activism is admirable and salutary, the paradigm appears blind to its own implication in imperial projects that are themselves as much part of the problem as they are part of the solution. The US government called Darfur a genocide to appease domestic lobbies, and because the statement cost it nothing. Darfur will end when it suits the great powers that have a stake in the region.
— Dirk Moses[86]
Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide.[87] Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. The conditions that lead to genocide provide guidance to early prevention, such as humanizing a devalued group, creating ideologies that embrace all groups, and activating bystander responses. There is substantial research to indicate how this can be done, but information is only slowly transformed into action.[88]
See also[edit]
Portal icon Genocide portal
Autogenocide
Countervalue
Crimes against humanity
Ethnic cleansing
Forensic osteology
Gendercide
Great Famine (Ireland)
Holodomor
Indian massacre
Infanticide
List of genocides
Local extinction
Mass murder
Genocidal rape
Policide
Social cleansing
Utilitarian genocide
Moriori
Research[edit]
The Center for the Study of Genocide, Conflict Resolution, and Human Rights
International Association of Genocide Scholars
Notes[edit]
1.Jump up ^ "What Is Genocide?" United States Holocaust Memorial Museum. United States Holocaust Memorial Council, 20 June 2014. Web. 24 Feb. 2015. <http://www.ushmm.org/wlc/en/article.php?ModuleId=10007043>.
2.Jump up ^ Rothenberg, Daniel. "Genocide." Encyclopedia of Genocide and Crimes Against Humanity. Ed. Dinah L. Shelton. Vol. 1. Detroit: Macmillan Reference USA, 2005. 395-397. Gale Virtual Reference Library. Web. 4 Mar. 2015.
3.Jump up ^ Schabas, William A. "United Nations Audiovisual Library of International Law." United Nations Audiovisual Library of International Law. National University of Ireland, n.d. Web. 04 Mar. 2015. <http://legal.un.org/avl/ha/cppcg/cppcg.html>.
4.Jump up ^ genocide in the Oxford English Dictionary, 2nd ed.—"1944 R. Lemkin Axis Rule in Occupied Europe ix. 79 By ‘genocide’ we mean the destruction of a nation or of an ethnic group."
5.Jump up ^ Office of the High Commissioner for Human Rights. Convention on the Prevention and Punishment of the Crime of Genocide Archived 2 May 2008 at the Wayback Machine
6.Jump up ^ Video interview with Raphael Lemkin - CBS News on YouTube
7.Jump up ^ Stanley, Alessandra (Apr 17, 2006). "A PBS Documentary Makes Its Case for the Armenian Genocide, With or Without a Debate". New York Times. Retrieved Aug 7, 2012.
8.Jump up ^ William Korey, "Raphael Lemkin: 'The Unofficial Man'," Midstream, June–July 1989, p. 45–48
9.Jump up ^ Rubinstein, W. D. (2004). Genocide: a history. Pearson Education. p. 308. ISBN 0-582-50601-8.
10.^ Jump up to: a b Robert Gellately & Ben Kiernan (2003). The Specter of Genocide: Mass Murder in Historical Perspective. Cambridge, UK: Cambridge University Press. p. 267. ISBN 0-521-52750-3.
11.^ Jump up to: a b c Staub, Ervin (31 July 1992). The Roots of Evil: The Origins of Genocide and Other Group Violence. Cambridge, UK: Cambridge University Press. p. 8. ISBN 0-521-42214-0.
12.Jump up ^ Genocide in International Law - The Crime of Crimes - Second Edition - William A. Schabas, pg 160
13.Jump up ^ From a statement made by Mr. Morozov, representative of the Union of Soviet Socialist Republics, on 19 April 1948 during the debate in the Ad Hoc Committee on Genocide (E/AC.25/SR.12).
14.Jump up ^ See Vienna Convention on the Law of Treaties, opened for signature on 23 May 1969, United Nations Treaty Series, vol. 1155, No. I-18232.
15.Jump up ^ Mandate, structure and methods of work: Genocide I of the UN Commission of Experts to examine violations of international humanitarian law committed in the territory of the former Yugoslavia, created by Security Council resolution 780 (1992) of 6 October 1992.
16.Jump up ^ European Court of Human Rights Judgement in Jorgic v. Germany (Application no. 74613/01) paragraphs 18, 36,74
17.Jump up ^ European Court of Human Rights Judgement in Jorgic v. Germany (Application no. 74613/01) paragraphs 43–46
18.Jump up ^ What is Genocide? McGill Faculty of Law (McGill University)
19.Jump up ^ Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001)
20.^ Jump up to: a b Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)
21.Jump up ^ Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) See Paragraph 6: "Article 4 of the Tribunal's Statute, like the Genocide Convention, covers certain acts done with "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such."
22.Jump up ^ Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, U.N. Doc. S/25704 at 36, annex (1993) and S/25704/Add.1 (1993), adopted by Security Council on 25 May 1993, Resolution 827 (1993).
23.Jump up ^ Resolution Resolution 1674 (2006)
24.Jump up ^ Security Council passes landmark resolution – world has responsibility to protect people from genocide Oxfam Press Release – 28 April 2006
25.Jump up ^ http://www.un.org/News/Press/docs/2008/sc9364.doc.htm
26.Jump up ^ The Crime of Genocide in Domestic Laws and Penal Codes website of prevent genocide international.
27.Jump up ^ William Schabas War crimes and human rights: essays on the death penalty, justice and accountability, Cameron May 2008 ISBN 1-905017-63-4, ISBN 978-1-905017-63-8. p. 791
28.^ Jump up to: a b Kurt Jonassohn & Karin Solveig Björnson, Genocide and Gross Human Rights Violations in Comparative Perspective: In Comparative Perspective, Transaction Publishers, 1998, ISBN 0-7658-0417-4, ISBN 978-0-7658-0417-4. pp. 133–135
29.Jump up ^ M. Hassan Kakar Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982 University of California press 1995 The Regents of the University of California.
30.Jump up ^ M. Hassan Kakar 4. The Story of Genocide in Afghanistan: 13. Genocide Throughout the Country
31.Jump up ^ Frank Chalk, Kurt Jonassohn The History and Sociology of Genocide: Analyses and Case Studies, Yale University Press, 1990, ISBN 0-300-04446-1
32.Jump up ^ Jones, Adam. Genocide: A Comprehensive Introduction, Routledge/Taylor & Francis Publishers, 2006. ISBN 0-415-35385-8. Chapter 1: The Origins of Genocide pp.20–21
33.Jump up ^ What is Genocide? McGill Faculty of Law (McGill University) source cites Barbara Harff and Ted Gurr Toward empirical theory of genocides and politicides, International Studies Quarterly, 37:3, 1988
34.Jump up ^ Origins and Evolution of the Concept in the Science Encyclopedia by Net Industries. states "Politicide, as [Barbara] Harff and [Ted R.] Gurr define it, refers to the killing of groups of people who are targeted not because of shared ethnic or communal traits, but because of 'their hierarchical position or political opposition to the regime and dominant groups' (p. 360)". But does not give the book title to go with the page number.
35.Jump up ^ Staff. There are NO Statutes of Limitations on the Crimes of Genocide! On the website of the American Patriot Friends Network. Cites Barbara Harff and Ted Gurr "Toward empirical theory of genocides and politicides," International Studies Quarterly 37, 3 [1988].
36.Jump up ^ Polsby, Daniel D.; Kates, Don B., Jr. (3 November 1997). "OF HOLOCAUSTS AND GUN CONTROL". Washington University Law Quarterly 75 (Fall): 1237. (cites Harff 1992, see other note)
37.Jump up ^ Harff, Barbara (1992). Fein, Helen, ed. "Recognizing Genocides and Politicides". Genocide Watch (New Haven, CT: Yale University Press) 27: 37, 38.
38.Jump up ^ Domocide versus genocide; which is what?
39.Jump up ^ Adrian Gallagher, Genocide and Its Threat to Contemporary International Order (Palgrave Macmillan, 2013) p. 37.
40.Jump up ^ United Nations Treaty Collection (As of 9 October 2001): Convention on the Prevention and Punishment of the Crime of Genocide on the web site of the Office of the United Nations High Commissioner for Human Rights
41.Jump up ^ (See for example the submission by Agent of the United States, Mr. David Andrews to the ICJ Public Sitting, 11 May 1999)
42.Jump up ^ Oxford English Dictionary: 1944 R. Lemkin Axis Rule in Occupied Europe ix. 79 "By 'genocide' we mean the destruction of a nation or of an ethnic group."
43.Jump up ^ Oxford English Dictionary "Genocide" citing Sunday Times 21 October 1945
44.Jump up ^ Staff. Bosnian genocide suspect extradited, BBC, 2 April 2002
45.Jump up ^ European Court of Human Rights. Jorgic v. Germany Judgment, 12 July 2007. § 47
46.Jump up ^ The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that genocide had been committed. (see paragraph 560 for name of group in English on whom the genocide was committed[who?][clarification needed]). It was upheld in Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)
47.Jump up ^ "Courte: Serbia failed to prevent genocide, UN court rules". The San Francisco Chronicle. Associated Press. 26 February 2007.
48.Jump up ^ ECHR Jorgic v. Germany. § 42 citing Prosecutor v. Krstic, IT-98-33-T, judgment of 2 August 2001, §§ 580
49.Jump up ^ ECHR Jorgic v. Germany Judgment, 12 July 2007. § 44 citing Prosecutor v. Kupreskic and Others (IT-95-16-T, judgment of 14 January 2000), § 751. In 14 January 2000, the ICTY ruled in the Prosecutor v. Kupreskic and Others case that the killing of 116 Muslims in order to expel the Muslim population from a village amounted to persecution, not genocide.
50.Jump up ^ ICJ press release 2007/8 26 February 2007
51.Jump up ^ http://icty.org/x/cases/krajisnik/cis/en/cis_krajisnik_en.pdf
52.Jump up ^ Staff (5 November 2009). "Q&A: Karadzic on trial". BBC News. Retrieved 28 January 2010.
53.Jump up ^ Staff (26 May 2011). "Q&A: Ratko Mladic arrested: Bosnia war crimes suspect held". BBC News. Retrieved 28 May 2011.
54.Jump up ^ These figures need revising they are from the ICTR page which says see www.ictr.org
55.Jump up ^ Cambodian Genocide Program, Yale University's MacMillan Center for International and Area Studies
56.Jump up ^ "A/RES/57/228B" (PDF). 2003-05-022. Retrieved 11 December 2010. Check date values in: |date= (help)
57.^ Jump up to: a b Doyle, Kevin. "Putting the Khmer Rouge on Trial", Time, 26 July 2007
58.Jump up ^ MacKinnon, Ian "Crisis talks to save Khmer Rouge trial", The Guardian, 7 March 2007
59.Jump up ^ The Khmer Rouge Trial Task Force, Royal Cambodian Government
60.Jump up ^ Case 002 The Extraordinary Chambers in the Courts of Cambodia. Retrieved 14 August 2014
61.Jump up ^ Former Khmer Rouge leaders begin genocide trial BBC. 30 July 2014
62.^ Jump up to: a b Buncombe, Andrew (11 October 2011). "Judge quits Cambodia genocide tribunal". The Independent (London).
63.Jump up ^ Ker Munthit (12 August 2008). "Cambodian tribunal indicts Khmer Rouge jailer". USA Today. Associated Press. Retrieved April 2012.
64.Jump up ^ "Kaing Guek Eav alias Duch Sentenced to Life Imprisonment by the Supreme Court Chamber". Extraordinary Chambers in the Courts of Cambodia. 3 February 2012. Retrieved April 2012.
65.^ Jump up to: a b c "Case 002". Extraordinary Chambers in the Courts of Cambodia. Retrieved April 2012.
66.^ Jump up to: a b c d "002/19-09-2007: Closing Order" (PDF). Extraordinary Chambers in the Courts of Cambodia. 15 September 2010. Retrieved April 2012.
67.Jump up ^ "002/19-09-2007: Decision on immediate appeal against Trial Chamber's order to release the accused Ieng Thirith" (PDF). Extraordinary Chambers in the Courts of Cambodia. 13 December 2011. Retrieved April 2012.
68.Jump up ^ Statement by Carolyn Willson, Minister Counselor for International Legal Affairs, on the Report of the ICC, in the UN General Assembly PDF (123 KB) 23 November 2005
69.Jump up ^ Jafari, Jamal and Paul Williams (2005) "Word Games: The UN and Genocide in Darfur" JURIST
70.Jump up ^ POWELL DECLARES KILLING IN DARFUR 'GENOCIDE', The NewsHour with Jim Lehrer, 9 September 2004
71.^ Jump up to: a b Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General PDF (1.14 MB), 25 January 2005, at 4
72.Jump up ^ Security Council Resolution 1593 (2005) PDF (24.8 KB)
73.Jump up ^ SECURITY COUNCIL REFERS SITUATION IN DARFUR, SUDAN, TO PROSECUTOR OF INTERNATIONAL CRIMINAL COURT, UN Press Release SC/8351, 31 March 2005
74.Jump up ^ Fourth Report of the Prosecutor of the International Criminal Court, to the Security Council pursuant to UNSC 1593 (2005) PDF (597 KB), Office of the Prosecutor of the International Criminal Court, 14 December 2006.
75.Jump up ^ Statement by Mr. Luis Moreno Ocampo, Prosecutor of the International Criminal Court, to the United Nations Security Council pursuant to UNSCR 1593 (2005), International Criminal Court, 5 June 2008
76.Jump up ^ ICC issues a warrant of arrest for Omar Al Bashir, President of Sudan (ICC-CPI-20090304-PR394), ICC press release, 4 March 2009
77.Jump up ^ Adam Jones (2010), Genocide: A Comprehensive Introduction (2nd ed.), p.271. – "'" Next to the Jews in Europe," wrote Alexander Werth', "the biggest single German crime was undoubtedly the extermination by hunger, exposure and in other ways of . . . Russian war prisoners." Yet the murder of at least 3.3 million Soviet POWs is one of the least-known of modern genocides; there is still no full-length book on the subject in English. It also stands as one of the most intensive genocides of all time: "a holocaust that devoured millions," as Catherine Merridale acknowledges. The large majority of POWs, some 2.8 million, were killed in just eight months of 1941–42, a rate of slaughter matched (to my knowledge) only by the 1994 Rwanda genocide."
78.Jump up ^ Pair guilty of 'insulting Turkey', BBC News, 11 October 2007.
79.Jump up ^ Rubinstein, W. D. (2004). Genocide: a history. Pearson Education. p.7. ISBN 0-582-50601-8
80.^ Jump up to: a b M. Hassan Kakar Chapter 4. The Story of Genocide in Afghanistan Footnote 9. Citing Horowitz, quoted in Chalk and Jonassohn, Genocide, 14.
81.Jump up ^ M. Hassan Kakar Chapter 4. The Story of Genocide in Afghanistan Footnote 10. Citing For details, see Carlton, War and Ideology.
82.Jump up ^ M. Hassan Kakar, Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982, University of California Press, 1995.
83.^ Jump up to: a b Gregory Stanton. The 8 Stages of Genocide, Genocide Watch, 1996
84.Jump up ^ The FBI has found somewhat similar stages for hate groups.
85.Jump up ^ http://aipr.wordpress.com/2012/04/19/genprev-in-the-news-19-april-2012/
86.Jump up ^ Dirk Moses Why the Discipline of "Genocide Studies" Has Trouble Explaining How Genocides End?, Social Science Research Council, 22 December 2006
87.Jump up ^ Staub, E (1989). The roots of evil: The origins of genocide and other group violence. New York: Cambridge University Press.[page needed]
88.Jump up ^ Staub, E. (2011) Overcoming evil: Genocide, violent conflict and terrorism New York: Oxford University Press.[page needed]
References[edit]
Kakar, M. Hassan. Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982. Berkeley: University of California Press, 1995. ISBN 0-520-08591-4.
Lemkin, Raphael (1944). Axis Rule in Occupied Europe: Laws of Occupation – Analysis of Government – Proposals for Redress. Washington, D.C: Carnegie Endowment for International Peace.
Further reading[edit]
Articles
The Genocide in Darfur is Not What It Seems Christian Science Monitor
(in Spanish) Aizenstatd, Najman Alexander. "Origen y Evolución del Concepto de Genocidio". Vol. 25 Revista de Derecho de la Universidad Francisco Marroquín 11 (2007). ISSN 1562-2576 [1]
No Lessons Learned from the Holocaust? Assessing Risks of Genocide and Political Mass Murder since 1955 American Political Science Review. Vol. 97, No. 1. February 2003.
Harff, B. and T. R. Gurr (1988). "Toward Empirical Theory of Genocides and Politicides: Identification and Measurement of Cases since 1945." International Studies Quarterly 32: 359–371.
(in Spanish) Marco, Jorge. "Genocidio y Genocide Studies: Definiciones y debates", en: Aróstegui, Julio, Marco, Jorge y Gómez Bravo, Gutmaro (coord.): "De Genocidios, Holocaustos, Exterminios...", Hispania Nova, 10 (2012). Véase [2]
What Really Happened in Rwanda? Christian Davenport and Allan C. Stam.
Reyntjens, F. (2004). "Rwanda, Ten Years On: From Genocide to Dictatorship." African Affairs 103(411): 177–210.
Brysk, Alison. 1994. "The Politics of Measurement: The Contested Count of the Disappeared in Argentina." Human Rights Quarterly 16: 676–92.
Davenport, C. and P. Ball (2002). "Views to a Kill: Exploring the Implications of Source Selection in the Case of Guatemalan State Terror, 1977–1996." Journal of Conflict Resolution 46(3): 427–450.
Krain, M. (1997). "State-Sponsored Mass Murder: A Study of the Onset and Severity of Genocides and Politicides." Journal of Conflict Resolution 41(3): 331–360.
Books
Andreopoulos, George J., ed. (1994). Genocide: Conceptual and Historical Dimensions. University of Pennsylvania Press. ISBN 0-8122-3249-6.
Ball, P., P. Kobrak, and H. Spirer (1999). State Violence in Guatemala, 1960–1996: A Quantitative Reflection. Washington, D.C.: American Association for the Advancement of Science.
Bloxham, Donald & Moses, A. Dirk [editors]: The Oxford Handbook of Genocide Studies. [Interdisciplinary Contributions about Past & Present Genocides]. Oxford University Press, second edition 2013. ISBN 978-0-19-967791-7
Chalk, Frank; Kurt Jonassohn (1990). The History and Sociology of Genocide: Analyses and Case Studies. Yale University Press. ISBN 0-300-04446-1.
Charny, Israel W. (1 December 1999). Encyclopedia of Genocide. ABC-Clio Inc. ISBN 0-87436-928-2.
Conversi, Daniele (2005). "Genocide, ethnic cleansing, and nationalism". In Gerard Delanty, Krishan Kumar (eds). Handbook of Nations and Nationalism. vol. 1. London: Sage Publications. pp. 319–333. ISBN 1-4129-0101-4.
Corradi, Juan, Patricia Weiss Fagen, and Manuel Antonio Garreton, eds. 1992. Fear at the Edge: State Terror and Resistance in Latin America. Berkeley: University of California Press.
Elliot, G. (1972). Twentieth Century Book of the Dead. New York, C. Scribner.
Goldhagen, Daniel (2009). Worse Than War: Genocide, Eliminationism, and the Ongoing Assault on Humanity. PublicAffairs. p. 672. ISBN 1-58648-769-8.
Harff, Barbara (August 2003). Early Warning of Communal Conflict and Genocide: Linking Empirical Research to International Responses. Westview Press. ISBN 0-8133-9840-1.
Hochschild, Adam (1998). King Leopold's Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa. Houghton Mifflin Harcourt. ISBN 0-395-75924-2.
Horowitz, Irving (2001). Taking Lives: Genocide and State Power (5th ed.). Transaction Publishers. ISBN 0-7658-0094-2.
Horvitz, Leslie Alan; Catherwood, Christopher (2011). Encyclopedia of War Crimes & Genocide (Hardcover) 2 (Revised ed.). New York: Facts on File. ISBN 978-0816080830. ISBN 0816080836
Jonassohn, Kurt; Karin Björnson (1998). Genocide and Gross Human Rights Violations. Transaction Publishers. ISBN 1-56000-314-6.
Jones, Adam (2010). Genocide: A Comprehensive Introduction. Routledge. ISBN 0-415-48619-X.
Kelly, Michael J. (2005). Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide & the Trials of Slobodan Milosevic and Saddam Hussein. Peter Lang. ISBN 0-8204-7835-0.
Kiernan, Ben (2007). Blood and Soil: A World History of Genocide and Extermination from Sparta to Darfur. Yale University Press. ISBN 0-300-10098-1.
Laban, Alexander (2002). Genocide: An Anthropological Reader. Blackwell Publishing. ISBN 0-631-22355-X.
Lemarchand, René (1996). Burundi: Ethnic Conflict and Genocide. Cambridge University Press. ISBN 0-521-56623-1.
Levene, M. (2005). Genocide in the Age of the Nation State. New York, Palgrave Macmillan.
MacKinnon, Catharine A. (2006). Are Women Human?: And Other International Dialogues. The Belknap Press of Harvard University Press. ISBN 0-674-02555-5.
Lewy, Guenter (2012). Essays on Genocide and Humanitarian Intervention. University of Utah Press. ISBN 978-1-60781-168-8.
Mamdani, M. (2001). When Victims Become Killers: Colonialism, Nativism, and the Genocide in Rwanda. Princeton, N.J., Princeton University Press.
Power, Samantha (2003). "A Problem from Hell": America and the Age of Genocide. Harper Perennial. ISBN 0-06-054164-4.
Rosenfeld, Gavriel D. (1999). "The Politics of Uniqueness: Reflections on the Recent Polemical Turn in Holocaust and Genocide Scholarship". Holocaust and Genocide Studies 13 (1): 28–61. doi:10.1093/hgs/13.1.28.
Rotberg, Robert I.; Thomas G. Weiss (1996). From Massacres to Genocide: The Media, Public Policy, and Humanitarian Crises. Brookings Institution Press. ISBN 0-8157-7590-3.
Rummel, R.J. (1994). Death by Government: Genocide and Mass Murder in the Twentieth Century. Transaction Publishers. ISBN 1-56000-927-6.
Sagall, Sabby (2013). Final Solutions: Human Nature, Capitalism and Genocide. Pluto Press. p. 309. ISBN 978-0-7453-2653-5.
Schabas, William A. (2009). Genocide in International Law: The Crime of Crimes (second edition). Cambridge University Press. ISBN 978-0-52-171900-1.
Schmid, A. P. (1991). Repression, State Terrorism, and Genocide: Conceptual Clarifications. State Organized Terror: The Case of Violent Internal Repression. P. T. Bushnell. Boulder, Colo.: Westview Press. 312 p.
Shaw, Martin (2007). What is Genocide?. Cambridge: Polity Press. ISBN 0-7456-3182-7.
Staub, Ervin (1989). The roots of evil: The origins of genocide and other group violence. New York: Cambridge University Press. 978-0521-42214-7
Staub, Ervin (2011). Overcoming Evil: Genocide, violent conflict and terrorism. New York: Oxford University Press. 978-0-19-538204-4
Sunga, Lyal S. (1997). The Emerging System of International Criminal Law: Developments in Codification and Implementation. Kluwer. ISBN 90-411-0472-0.
Sunga, Lyal S. (1992). Individual Responsibility in International Law for Serious Human Rights Violations. Springer. ISBN 0-7923-1453-0.
Tams, Christian J.; Berster, Lars; Schiffbauer, Björn (2014). Convention on the Prevention and Punishment of the Crime of Genocide: A Commentary. Munich: C.H. Beck. ISBN 978-3-406-60317-4.
Totten, Samuel; William S. Parsons; Israel W. Charny (2008). Century of Genocide: Critical Essays and Eyewitness Accounts (3rd ed.). Routledge. ISBN 0-415-99085-8.
Valentino, Benjamin A. (2004). Final Solutions: Mass Killing and Genocide in the 20th Century. Cornell University Press. ISBN 0-8014-3965-5.
Van den Berghe, P. L. (1990). State Violence and Ethnicity. Niwot, Colo., University of Colorado Press.
Weitz, Eric D. (2003). A Century of Genocide: Utopias of Race and Nation. Princeton University Press. p. 360. ISBN 0-691-12271-7.
"Preventing Genocide and Mass Killing: The Challenge for the United Nations" (PDF). Archived from the original (PDF) on 3 July 2007. PDF (366 KB), report by Minority Rights Group International, 2006
Overviews
Institute for the Study of Genocide/International Association of Genocide Scholars
Genocide Intervention Network
OneWorld Perspectives Magazine: Preventing Genocide (April/May 2006)- global human rights and development network looks at genocide from a variety of perspectives
Committee on Conscience of the United States Holocaust Memorial Museum; Responding to Threats of Genocide
Staff, The Crime of Genocide in Domestic Laws and Penal Codes, Prevent Genocide International
Voices of the Holocaust—a learning resource at the British Library
Convention on the Prevention and Punishment of the Crime of Genocide at Law-Ref.org—fully indexed and crosslinked with other documents
Documents and Resources on War, War Crimes and Genocide
International Network of Genocide Scholars (INoGS)
Genocide Watch at the Wayback Machine (archived June 18, 2007) stages of genocide
Genocide & Crimes Against Humanity—a learning resource, highlighting the cases of Myanmar, Bosnia, the DRC, and Darfur
Whitaker Report
Resources
Auschwitz Institute for Peace and Reconciliation
USA for UNHCR Web site
Research programs
Centre for the Study of Genocide and Mass Violence, Sheffield, United Kingdom
Center for Holocaust and Genocide Studies, Amsterdam, the Netherlands
Center for Holocaust and Genocide Studies, University of Minnesota
Genocide Studies Program, Yale University
GenoDynamics: Understanding Genocide Through Time and Space by Christian Davenport (Kroc Institute – University of Notre Dame) and Allan Stlam (University of Michigan)
Montreal Institute for Genocide Studies, Concordia University
Minorities at Risk project at the University of Maryland
The Inforce Foundation (International Forensic Centre of Excellence), UK
Foundation for the International Prevention of Genocide and Mass Atrocities, Hungary
Master of Arts in Holocaust & Genocide, Stockton University
External links[edit]
Wikiquote has quotations related to: Genocide
Look up genocide in Wiktionary, the free dictionary.
Wikimedia Commons has media related to Genocide.
Goldhagen, Daniel (14 April 2010). "Genocide: Worse Than War". PBS.
Ethnocide by Barbara Lukunka in the encyclopedia of mass violence
Defining the Terms: Genocide at Yad Vashem website
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https://en.wikipedia.org/wiki/Genocide
Murder
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For other uses, see Murder (disambiguation).
"Murderer" redirects here. For other uses, see Murderer (disambiguation).
Criminal law
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Fingerprints taken c.1859-60 by William James Herschel
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Murder is the killing of another person without justification or valid excuse, and it is especially the unlawful killing of another person with malice aforethought.[1][2][3] This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. In some U.S. states, laws regarding murder are determined by the Model Penal Code.[4]
Most societies, from ancient to modern, have considered murder a very serious crime deserving harsh punishment for purposes of retribution, deterrence, rehabilitation, or incapacitation. There are many reasons why murder has been criminalized, including its costs to society as well as being considered intrinsically wrong.[5] For example, murder may be considered intrinsically wrong because it violates a right to life, or objectifies the victim, or is oppressive; murder may be costly to society by undermining law and order, by squandering potential accomplishments of the victims, by risking escalation of violence, or by spreading fear and grief.[5]
In most countries, a person convicted of murder is typically given a long prison sentence, possibly a life sentence where permitted. In some countries, the death penalty may be imposed for such an act – though this practice is becoming less common.[6]
Contents [hide]
1 Etymology
2 Definition 2.1 Degrees of murder
2.2 Common law
2.3 Exclusions 2.3.1 General
2.3.2 Specific to certain countries
2.4 Victim
2.5 Mitigating circumstances 2.5.1 Insanity
2.5.2 Post-partum depression
2.5.3 Unintentional
2.5.4 Diminished capacity
2.6 Aggravating circumstances
2.7 Year-and-a-day rule
3 Historical attitudes
4 Incidence 4.1 Murder rates by country
4.2 History of murder rates
5 See also
6 References
7 Bibliography
8 External links
Etymology[edit]
The modern English word "murder" descends from the Proto-Indo-European "mrtró" which meant "to die".[7] The Middle English mordre is a noun from Anglo-Saxon morðor and Old French murdre. Middle English mordre is a verb from Anglo-Saxon myrdrian and the Middle English noun.[8]
Definition[edit]
The eighteenth-century English jurist William Blackstone (citing Edward Coke), in his Commentaries on the Laws of England set out the common law definition of murder, which by this definition occurs
when a person, of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied.[9]
The elements of common law murder are:
1.Unlawful
2.killing
3.of a human
4.by another human
5.with malice aforethought.[10]
The Unlawful – This distinguishes murder from killings that are done within the boundaries of law, such as capital punishment, justified self-defense, or the killing of enemy combatants by lawful combatants as well as causing collateral damage to non-combatants during a war.[11]
Killing – At common law life ended with cardiopulmonary arrest[10] – the total and permanent cessation of blood circulation and respiration.[10] With advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life.[10]
of a human – This element presents the issue of when life begins. At common law, a fetus was not a human being.[12] Life began when the fetus passed through the vagina and took its first breath.[10]
by another human – In early common law, suicide was considered murder.[10] The requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder.
with malice aforethought – Originally malice aforethought carried its everyday meaning – a deliberate and premeditated (prior intent) killing of another motivated by ill will. Murder necessarily required that an appreciable time pass between the formation and execution of the intent to kill. The courts broadened the scope of murder by eliminating the requirement of actual premeditation and deliberation as well as true malice. All that was required for malice aforethought to exist is that the perpetrator act with one of the four states of mind that constitutes "malice."
The four states of mind recognized as constituting "malice" are:[13]
i.Intent to kill,
ii.Intent to inflict grievous bodily harm short of death,
iii.Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"), or
iv.Intent to commit a dangerous felony (the "felony murder" doctrine).
Under state of mind (i), intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, "intent follows the bullet." Examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims.
Under state of mind (iii), an "abandoned and malignant heart", the killing must result from the defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 2007 law in California where an individual could be convicted of third-degree murder if he or she kills another person while driving under the influence of alcohol, drugs, or controlled substances.
Under state of mind (iv), the felony-murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies.
As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation. Even when the legal distinction between murder and manslaughter is clear, it is not unknown for a jury to find a murder defendant guilty of the lesser offence. The jury might sympathise with the defendant (e.g. in a crime of passion, or in the case of a bullied victim who kills their tormentor), and the jury may wish to protect the defendant from a sentence of life imprisonment or execution.
Degrees of murder[edit]
Many jurisdictions divide murder by degrees. The most common division is between first- and second-degree murder. Generally, second-degree murder is common law murder, and first-degree is an aggravated form. The aggravating factors of first-degree murder are a specific intent to kill, premeditation, and deliberation. In addition, murder committed by acts such as strangulation, poisoning, or lying in wait are also treated as first-degree murder.[14]
The distinction between first- and second-degree murder exists, for example, in Canadian murder law. Additionally, third-degree murder is recognized in U.S. murder law and Peruvian murder law.
Common law[edit]
According to Blackstone, English common law identified murder as a public wrong.[15] At common law, murder is considered to be malum in se, that is an act which is evil within itself. An act such as murder is wrong or evil by its very nature. And it is the very nature of the act which does not require any specific detailing or definition in the law to consider murder a crime.[16]
Some jurisdictions still take a common law view of murder. In such jurisdictions, what is considered to be murder is defined by precedent case law or previous decisions of the courts of law. However, although the common law is by nature flexible and adaptable, in the interests both of certainty and of securing convictions, most common law jurisdictions have codified their criminal law and now have statutory definitions of murder.
Exclusions[edit]
General[edit]
Although laws vary by country, there are circumstances of exclusion that are common in many legal systems.
Self-defense: acting in self-defense or in defense of another person is generally accepted as legal justification for killing a person in situations that would otherwise have been murder. However, a self-defense killing might be considered manslaughter if the killer established control of the situation before the killing took place. In the case of self-defense it is called a "justifiable homicide".[17]
Unlawful killings without malice or intent are considered manslaughter.
In many common law countries, provocation is a partial defense to a charge of murder which acts by converting what would otherwise have been murder into manslaughter (this is voluntary manslaughter, which is more severe than involuntary manslaughter).
Accidental killings are considered homicides. Depending on the circumstances, these may or may not be considered criminal offenses; they are often considered manslaughter.
Suicide does not constitute murder in most societies. Assisting a suicide, however, may be considered murder in some circumstances.
Killing of enemy combatants by lawful combatants, in accordance with lawful orders in war, is also generally not considered murder; although illicit killings within a war may constitute murder or homicidal war crimes. (see the Laws of war article)
Specific to certain countries[edit]
Capital punishment: some countries practice the death penalty. Capital punishment ordered by a legitimate court of law as the result of a conviction in a criminal trial with due process for a serious crime. The 47 Member States of the Council of Europe are prohibited from using the death penalty.
Euthanasia, doctor-assisted suicide: the administration of lethal drugs by a doctor to a terminally ill patient, if the intention is solely to alleviate pain, is seen in many jurisdictions as a special case (see the doctrine of double effect and the case of Dr John Bodkin Adams).[18]
A killing simply to prevent the theft of one's property may or may not be legal, depending on the jurisdiction. In the US, such a killing is legal in Texas.[19] In recent years, Texas has been the scene of some very controversial incidents that involved killing to protect property, that have led to discussions of the laws and social norms of the state (see Joe Horn shooting controversy). In a highly controversial case, in 2013, a jury in south Texas acquitted a man who killed a prostitute, who, after receiving $150 from the man in exchange for sex, refused to have sex with him and attempted to run away with his money. The man's lawyer argued that the man was trying to retrieve property which was stolen at night, an action which allows for the use of deadly force in Texas. The jury accepted this defense. There was major controversy in this case, due to the fact that there were questions about whether the money was in fact stolen, because the man had given it voluntarily to the prostitute, and the "contract" of prostitution is an illegal contract in Texas since both buying and selling sex are criminal offenses.[20][21]
Killing an intruder who is found by an owner to be in the owner's home (having entered unlawfully): legal in most US states (see Castle doctrine).
Killing to prevent specific forms of aggravated rape or sexual assault - killing of attacker by the potential victim or by witnesses to the scene; this is especially the case in regard to child rape, which is legal in parts of the US and in various countries.[22]
In some parts of the world, especially in jurisdictions which apply Sharia law, the killing of a woman or girl in specific circumstances (e.g., when she commits adultery) and is killed by her husband or other family members, known as honor killing, is not considered murder.
Victim[edit]
Murder in the House, Jakub Schikaneder.
All jurisdictions require that the victim be a natural person; that is, a human being who was still alive before being murdered. In other words, under the law one cannot murder a corpse, a corporation, a non-human animal, or any other non-human organism such as a plant or bacterium.
California's murder statute, Penal Code Section 187, was interpreted by the Supreme Court of California in 1994 as not requiring any proof of the viability of the fetus as a prerequisite to a murder conviction.[23] This holding has two implications. The first is a defendant in California can be convicted of murder for killing a fetus which the mother herself could have terminated without committing a crime.[23] The second, as stated by Justice Stanley Mosk in his dissent, is that because women carrying nonviable fetuses may not be visibly pregnant, it may be possible for a defendant to be convicted of intentionally murdering a person he did not know existed.[23]
Mitigating circumstances[edit]
Some countries allow conditions that "affect the balance of the mind" to be regarded as mitigating circumstances. This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than being found guilty of murder, if it can be proved that the killer was suffering from a condition that affected their judgment at the time. Depression, post-traumatic stress disorder and medication side-effects are examples of conditions that may be taken into account when assessing responsibility.
Insanity[edit]
Main article: M'Naghten rules
Mental disorder may apply to a wide range of disorders including psychosis caused by schizophrenia and dementia, and excuse the person from the need to undergo the stress of a trial as to liability. Usually, sociopathy and other personality disorders are not legally considered insanity, because of the belief they are the result of free will in many societies. In some jurisdictions, following the pre-trial hearing to determine the extent of the disorder, the defense of "not guilty by reason of insanity" may be used to get a not guilty verdict.[24] This defense has two elements:
1.That the defendant had a serious mental illness, disease, or defect.
2.That the defendant's mental condition, at the time of the killing, rendered the perpetrator unable to determine right from wrong, or that what he or she was doing was wrong.
Aaron Alexis holding shotgun during his rampage.
Under New York law, for example:
§ 40.15 Mental disease or defect. In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either: 1. The nature and consequences of such conduct; or 2. That such conduct was wrong.
—N.Y. Penal Law, § 40.15[25]
Under the French Penal Code:
Article 122-1
A person is not criminally liable who, when the act was committed, was suffering from a psychological or neuropsychological disorder which destroyed his discernment or his ability to control his actions.
A person who, at the time he acted, was suffering from a psychological or neuropsychological disorder which reduced his discernment or impeded his ability to control his actions, remains punishable; however, the court shall take this into account when it decides the penalty and determines its regime.
Those who successfully argue a defense based on a mental disorder are usually referred to mandatory clinical treatment until they are certified safe to be released back into the community, rather than prison.[26]
Post-partum depression[edit]
Postpartum depression (also known as post-natal depression) is recognized in some countries as a mitigating factor in cases of infanticide. According to Dr. Susan Friedman, "Two dozen nations have infanticide laws that decrease the penalty for mothers who kill their children of up to one year of age. The United States does not have such a law, but mentally ill mothers may plead not guilty by reason of insanity."[27]
Unintentional[edit]
For a killing to be considered murder in nine out of fifty states in the US, there normally needs to be an element of intent. A defendant may argue that he or she took precautions not to kill, that the death could not have been anticipated, or was unavoidable. As a general rule, manslaughter[28] constitutes reckless killing, but manslaughter also includes criminally negligent (i.e. grossly negligent) homicide.[29]
Diminished capacity[edit]
In those jurisdictions using the Uniform Penal Code, such as California, diminished capacity may be a defense. For example, Dan White used this defense[30] to obtain a manslaughter conviction, instead of murder, in the assassination of Mayor George Moscone and Supervisor Harvey Milk.
Aggravating circumstances[edit]
Murder with specified aggravating circumstances is often punished more harshly. Depending on the jurisdiction, such circumstances may include:
Premeditation
Poisoning
Murder of a police officer,[31] judge, firefighter or witness to a crime[32]
Murder of a pregnant woman[33]
Crime committed for pay or other reward[34]
Exceptional brutality or cruelty
Murder for a political cause[31][35][36]
Hate crimes, which occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group.
In the United States and Canada, these murders are referred to as first-degree or aggravated murders. Murder, under English criminal law, always carries a mandatory life sentence, but is not classified into degrees. Penalties for murder committed under aggravating circumstances are often higher, under English law, than the 15-year minimum non-parole period that otherwise serves as a starting point for a murder committed by an adult.
Year-and-a-day rule[edit]
Main article: Year and a day rule
Globe icon.
The examples and perspective in this section deal primarily with the UK and the USA and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (April 2014)
In some common law jurisdictions, a defendant accused of murder is not guilty if the victim survives for longer than one year and one day after the attack.[37] This reflects the likelihood that if the victim dies, other factors will have contributed to the cause of death, breaking the chain of causation. Subject to any statute of limitations, the accused could still be charged with an offence reflecting the seriousness of the initial assault.
With advances in modern medicine, most countries have abandoned a fixed time period and test causation on the facts of the case. This is known as "delayed death" and cases where this was applied or was attempted to be applied go back to at least 1966.[38]
In England and Wales, the "year-and-a-day rule" was abolished by the Law Reform (Year and a Day Rule) Act 1996. However, if death occurs three years or more after the original attack then prosecution can take place only with the Attorney-General's approval.
In the United States, many jurisdictions have abolished the rule as well.[39][40] Abolition of the rule has been accomplished by enactment of statutory criminal codes, which had the effect of displacing the common-law definitions of crimes and corresponding defenses. In 2001 the Supreme Court of the United States held that retroactive application of a state supreme court decision abolishing the year-and-a-day rule did not violate the Ex Post Facto Clause of Article I of the United States Constitution.[41]
In Philadelphia a 74-year-old man, William Barnes, was acquitted of murder charges on May 24, 2010. He was on trial for murder for the death of Philadelphia police officer Walter Barkley. Barnes shot Barkley on November 27, 1966, and served 16 years in prison for attempted murder. Barkley died on August 19, 2007, allegedly from complications of the wounds suffered nearly 41 years earlier.[42]
Historical attitudes[edit]
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A group of Thugs strangling a traveller on a highway in India in the early 19th century.
In the past, certain types of homicide were lawful and justified. Georg Oesterdiekhoff wrote that:
Evans-Pritchard says about the Nuer from Sudan: "Homicide is not forbidden, and Nuer do not think it wrong to kill a man in fair fight. On the contrary, a man who slays another in combat is admired for his courage and skill." (Evans-Pritchard 1956: 195) This statement is true for most African tribes, for pre-modern Europeans, for Indigenous Australians, and for Native Americans, according to ethnographic reports from all over the world. ... Homicides rise to incredible numbers among headhunter cultures such as the Papua. When a boy is born, the father has to kill a man. He needs a name for his child and can receive it only by a man, he himself has murdered. When a man wants to marry, he must kill a man. When a man dies, his family again has to kill a man.[43]
One of the oldest known prohibitions against murder appears in the Sumerian Code of Ur-Nammu written sometime between 2100 and 2050 BC. The code states, "If a man commits a murder, that man must be killed." The payment of weregild was an important legal mechanism in early Germanic society. If someone was killed, the guilty person would have to pay weregild to the victim's family. The other common form of legal reparation at this time was blood revenge.
In Judeo-Christian traditions, the prohibition against murder is one of the Ten Commandments given by God to Moses in (Exodus: 20v13) and (Deuteronomy 5v17). The Vulgate and subsequent early English translations of the Bible used the term secretly killeth his neighbour or smiteth his neighbour secretly rather than murder for the Latin clam percusserit proximum.[44][45] Later editions such as Young's Literal Translation and the World English Bible have translated the Latin occides simply as murder[46][47] rather than the alternatives of kill, assassinate, fall upon, or slay.
In Islam according to the Qur'an, one of the greatest sins is to kill a human being who has committed no fault. "For that cause We decreed for the Children of Israel that whosoever killeth a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and whoso saveth the life of one, it shall be as if he had saved the life of all mankind."[Quran 5:32] "And those who cry not unto any other god along with Allah, nor take the life which Allah hath forbidden save in (course of) justice, nor commit adultery - and whoso doeth this shall pay the penalty."[Quran 25:68]
The term 'Assassin' derives from Hashshashin,[48] a militant Ismaili Shi`ite sect, active from the 8th to 14th centuries. This mystic secret society killed members of the Abbasid, Fatimid, Seljuq and Crusader elite for political and religious reasons.[49] The Thuggee cult that plagued India was devoted to Kali, the goddess of death and destruction.[50][51] According to some estimates the Thuggees murdered 1 million people between 1740 and 1840.[52] The Aztecs believed that without regular offerings of blood the sun god Huitzilopochtli would withdraw his support for them and destroy the world as they knew it.[53] According to Ross Hassig, author of Aztec Warfare, "between 10,000 and 80,400 persons" were sacrificed in the 1487 re-consecration of the Great Pyramid of Tenochtitlan.[54][55]
Southern slave codes did make willful killing of a slave illegal in most cases.[56] For example, the 1860 Mississippi case of Oliver v. State charged the defendant with murdering his own slave.[57] In 1811, the wealthy white planter, Arthur Hodge, was executed for murdering several of his slaves on his plantation in the British West Indies.[58]
In Corsica, vendetta was a social code that required Corsicans to kill anyone who wronged their family honor. Between 1821 and 1852, no fewer than 4,300 murders were perpetrated in Corsica.[59]
Incidence[edit]
See also: List of countries by intentional homicide rate
International murder rate per 100,000 inhabitants, 2011
0-1
1-2
2-5
5-10
10-20
>20
An estimated 520,000 people were murdered in 2000 around the globe. Another study estimated the world-wide murder rate at 456,300 in 2010 with a 35% increase since 1990.[60] Two-fifths of them were young people between the ages of 10 and 29 who were killed by other young people.[61] Because murder is the least likely crime to go unreported, statistics of murder are seen as a bellwether of overall crime rates.[62]
Murder rates vary greatly among countries and societies around the world. In the Western world, murder rates in most countries have declined significantly during the 20th century and are now between 1 and 4 cases per 100,000 people per year.
UNODC : Per 100,000 population (2011)
Murder rates by country[edit]
Murder rates in jurisdictions such as Japan, Singapore, Hong Kong, Iceland, Norway, Switzerland and Austria are among the lowest in the world, around 0.5 cases per 100,000 people per year; the rate of the United States is among the highest of developed countries, around 5.5 in 2004,[63] with rates in larger cities sometimes over 40 per 100,000.[64] The top ten highest murder rates are in Honduras (91.6 per 100,000), El Salvador, Ivory Coast, Venezuela, Belize, Jamaica, U.S. Virgin Islands, Guatemala, Saint Kitts and Nevis and Zambia. (UNODC, 2011 - full table here).
The following absolute murder counts per-country are not comparable because they are not adjusted by each country's total population. Nonetheless, they are included here for reference, with 2010 used as the base year (they may or may not include justifiable homicide, depending on the jurisdiction). There were 52,260 murders in Brazil, consecutively elevating the record set in 2009.[65] Over half a million people were shot to death in Brazil between 1979 and 2003.[66] 33,335 murder cases were registered across India,[67] about 19,000 murders committed in Russia,[68] approximately 17,000 murders in Colombia (the murder rate was 38 per 100,000 people, in 2008 murders went down to 15,000),[69] approximately 16,000 murders in South Africa,[70] approximately 15,000 murders in the United States,[71] approximately 26,000 murders in Mexico,[72] approximately 13,000 murders in Venezuela,[73] approximately 4,000 murders in El Salvador,[74] approximately 1,400 murders in Jamaica,[75] approximately 550 murders in Canada[76] and approximately 470 murders in Trinidad and Tobago.[75] Pakistan reported 12,580 murders.[77]
Murder in Rio de Janeiro. More than 800,000 people were murdered in Brazil between 1980 and 2004.[78]
In the United States, 666,160 people were killed between 1960 and 1996.[79] Approximately 90% of murders in the US are committed by males.[80] Between 1976 and 2005, 23.5% of all murder victims and 64.8% of victims murdered by intimate partners were female.[81] For women in the US, homicide is the leading cause of death in the workplace.[82]
In the US, murder is the leading cause of death for African American males aged 15 to 34. Between 1976 and 2008, African Americans were victims of 329,825 homicides.[83][84] In 2006, Federal Bureau of Investigation's Supplementary Homicide Report indicated that nearly half of the 14,990 murder victims were Black (7421).[85] In the year 2007 non-negligent homicides, there were 3,221 black victims and 3,587 white victims. While 2,905 of the black victims were killed by a black offender, 2,918 of the white victims were killed by white offenders. There were 566 white victims of black offenders and 245 black victims of white offenders.[86] The "white" category in the Uniform Crime Reports (UCR) includes non-black Hispanics.[87] In London in 2006, 75% of the victims of gun crime and 79% of the suspects were "from the African/Caribbean community."[88] Murder demographics are affected by the improvement of trauma care, which has resulted in reduced lethality of violent assaults – thus the murder rate may not necessarily indicate the overall level of social violence.[89]
Workplace homicide is the fastest growing category of murder in America.[82]
Development of murder rates over time in different countries is often used by both supporters and opponents of capital punishment and gun control. Using properly filtered data, it is possible to make the case for or against either of these issues. For example, one could look at murder rates in the United States from 1950 to 2000,[90] and notice that those rates went up sharply shortly after a moratorium on death sentences was effectively imposed in the late 1960s. This fact has been used to argue that capital punishment serves as a deterrent and, as such, it is morally justified. Capital punishment opponents frequently counter that the United States has much higher murder rates than Canada and most European Union countries, although all those countries have abolished the death penalty. Overall, the global pattern is too complex, and on average, the influence of both these factors may not be significant and could be more social, economic, and cultural.
Despite the immense improvements in forensics in the past few decades, the fraction of murders solved has decreased in the United States, from 90% in 1960 to 61% in 2007.[91] Solved murder rates in major U.S. cities varied in 2007 from 36% in Boston, Massachusetts to 76% in San Jose, California.[92] Major factors affecting the arrest rate include witness cooperation[91] and the number of people assigned to investigate the case.[92]
History of murder rates[edit]
Intentional homicide rate per 100,000 inhabitants, 2009
According to scholar Pieter Spierenburg homicide rates per 100,000 in Europe have fallen over the centuries, from 35 per 100,000 in medieval times, to 20 in 1500 AD, 5 in 1700, to below two per 100,000 in 1900.[93]
In the United States, murder rates have been higher and have fluctuated. They fell below 2 per 100,000 by 1900, rose during the first half of the century, dropped in the years following World War II, and bottomed out at 4.0 in 1957 before rising again.[94] The rate stayed in 9 to 10 range most of the period from 1972 to 1994, before falling to 5 in present times.[93] The increase since 1957 would have been even greater if not for the significant improvements in medical techniques and emergency response times, which mean that more and more attempted homicide victims survive. According to one estimate, if the lethality levels of criminal assaults of 1964 still applied in 1993, the country would have seen the murder rate of around 26 per 100,000, almost triple the actually observed rate of 9.5 per 100,000.[95]
The historical homicide rate in Stockholm since 1400 AD. The murder rate was very high in the Middle Ages. The rate has declined greatly: from 45 / 100,000 to a low of 0.6 in the 1950s. The last decades have seen the homicide rate rise slowly.
A similar, but less pronounced pattern has been seen in major European countries as well. The murder rate in the United Kingdom fell to 1 per 100,000 by the beginning of the 20th century and as low as 0.62 per 100,000 in 1960, and was at 1.28 per 100,000 as of 2009. The murder rate in France (excluding Corsica) bottomed out after World War II at less than 0.4 per 100,000, quadrupling to 1.6 per 100,000 since then.[96]
The specific factors driving this dynamics in murder rates are complex and not universally agreed upon. Much of the raise in the U.S. murder rate during the first half of the 20th century is generally thought to be attributed to gang violence associated with Prohibition. Since most murders are committed by young males, the near simultaneous low in the murder rates of major developed countries circa 1960 can be attributed to low birth rates during the Great Depression and World War II. Causes of further moves are more controversial. Some of the more exotic factors claimed to affect murder rates include the availability of abortion[97] and the likelihood of chronic exposure to lead during childhood (due to the use of leaded paint in houses and tetraethyllead as a gasoline additive in internal combustion engines).
See also[edit]
Lists related to murderList of murders
List of types of killing
Topics related to murder
Culpable homicide
Depraved-heart murder
Double murder
Execution-style murder
Letting die
Mass murder
Misdemeanor murder
Murder conviction without a body
Seven laws of Noah
Stigmatized property
Thrill killing
Murder laws by country
Australia
Brazil
Canada
China
Cuba
Denmark
England and Wales
Finland
France
Germany
Hong Kong
India
Israel
Italy
Netherlands
Northern Ireland
Norway
Peru
Portugal
Romania
Russia
Sweden
Switzerland
United States
References[edit]
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Bibliography[edit]
Lord Mustill on the Common Law concerning murder
Sir Edward Coke Co. Inst., Pt. III, ch.7, p. 50
Why Do We Kill? The Pathology of Murder in Baltimore (part 1/3), "Retired Baltimore Homicide Detective Kelvin Sewell and investigative journalist Stephen Janis explain why they decided to write the book Why Do We Kill?." Why Do We Kill? (part 2/3), "Kelvin Sewell and Stephen Janis discuss what speaking to those accused of murder can teach about the failures of our society." Why Do We Kill? (part 3/3), "Kelvin Sewell and Stephen Janis discuss the killing of a former Baltimore police commissioner's daughter that shook the city." February 2015, The real news network
External links[edit]
Look up murder in Wiktionary, the free dictionary.
Wikimedia Commons has media related to Murder.
Wikiversity has learning materials about Murder
1986 Seville Statement on Violence (from UNESCO)
"This Could Never Happen to Me - A Handbook for Families of Murder Victims and People Who Assist Them" - Hosted by the Texas Department of Criminal Justice
Introduction and Updated Information on the Seville Statement on Violence
U.S. Centers for Disease Control "Atlas of United States Mortality"
Cezanne's depiction of "The Murder"
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https://en.wikipedia.org/wiki/Murder
Murder
From Wikipedia, the free encyclopedia
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For other uses, see Murder (disambiguation).
"Murderer" redirects here. For other uses, see Murderer (disambiguation).
Criminal law
Part of the common law series
Fingerprints taken c.1859-60 by William James Herschel
Elements
Actus reus ·
Mens rea ·
Causation ·
Concurrence
Scope of criminal liability
Complicity ·
Corporate ·
Vicarious
Seriousness of offense
Felony ·
Infraction (also called Violation) ·
Misdemeanor
Inchoate offenses
Attempt ·
Conspiracy ·
Incitement ·
Solicitation
Offence against the person
Alienation of affection ·
Assassination ·
Assault ·
Battery ·
Bigamy ·
Criminal negligence ·
Exhibitionism ·
False imprisonment ·
Home invasion ·
Homicide ·
Kidnapping ·
Manslaughter (corporate) ·
Mayhem ·
Murder (corporate)
·
Negligent homicide ·
Public indecency ·
Rape ·
Robbery ·
Sexual assault ·
Statutory rape ·
Vehicular homicide ·
Voyeurism
Crimes against property
Arson ·
Blackmail ·
Bribery ·
Burglary ·
Embezzlement ·
Extortion ·
False pretenses ·
Fraud ·
Larceny ·
Payola ·
Pickpocketing ·
Possessing stolen property ·
Robbery ·
Smuggling ·
Tax evasion ·
Theft
Crimes against justice
Compounding ·
Malfeasance in office ·
Miscarriage of justice ·
Misprision ·
Obstruction ·
Perjury ·
Perverting the course of justice
Victimless crimes
Adultery ·
Blasphemy ·
Buggery ·
Contraception (Comstock law) ·
Criminal conversation ·
Fornication ·
Gambling ·
Incest ·
Interracial marriage ·
Lewd and lascivious behavior ·
Masturbation ·
Obscenity ·
Prostitution ·
Recreational drug use ·
Sodomy ·
Suicide
Crimes against animals
Cruelty to animals ·
Wildlife smuggling ·
Bestiality
Defences to liability
Automatism ·
Consent ·
Defence of property ·
Diminished responsibility ·
Duress ·
Entrapment ·
Ignorantia juris non excusat ·
Infancy ·
Insanity ·
Justification ·
Mistake (of law) ·
Necessity ·
Provocation ·
Self-defence
Other common-law areas
Contracts ·
Evidence ·
Property ·
Torts ·
Wills, trusts and estates
Portals
Criminal justice ·
Law
v ·
t ·
e
Part of a series on
Homicide
Murder
Note: Varies by jurisdiction
Assassination ·
Cannibalism ·
Child murder ·
Consensual homicide ·
Contract killing ·
Crime of passion ·
Depraved-heart murder ·
Double murder ·
Execution-style killing ·
Felony murder rule ·
Feticide ·
Honor killing ·
Human sacrifice (Child sacrifice)
·
Lust murder ·
Lynching ·
Mass murder ·
Misdemeanor murder ·
Murder–suicide ·
Poisoning ·
Proxy murder ·
Pseudocommando ·
Lonely hearts killer ·
Serial killer ·
Spree killer ·
Internet homicide
Manslaughter
In English law ·
Negligent homicide ·
Vehicular homicide
Non-criminal homicide
Note: Varies by jurisdiction
Euthanasia ·
Assisted suicide ·
Capital punishment ·
Feticide ·
Human sacrifice ·
Justifiable homicide ·
War
By victim or victims
Suicide
Family
Familicide ·
Avunculicide ·
Prolicide (Filicide ·
Infanticide ·
Neonaticide)
·
Fratricide ·
Mariticide ·
Sororicide ·
Uxoricide ·
Parricide (Matricide ·
Patricide)
Other
Capital punishment ·
Democide ·
Friendly fire ·
Genocide ·
Gendercide ·
Omnicide ·
Regicide ·
Tyrannicide ·
War crimes
v ·
t ·
e
Murder is the killing of another person without justification or valid excuse, and it is especially the unlawful killing of another person with malice aforethought.[1][2][3] This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. In some U.S. states, laws regarding murder are determined by the Model Penal Code.[4]
Most societies, from ancient to modern, have considered murder a very serious crime deserving harsh punishment for purposes of retribution, deterrence, rehabilitation, or incapacitation. There are many reasons why murder has been criminalized, including its costs to society as well as being considered intrinsically wrong.[5] For example, murder may be considered intrinsically wrong because it violates a right to life, or objectifies the victim, or is oppressive; murder may be costly to society by undermining law and order, by squandering potential accomplishments of the victims, by risking escalation of violence, or by spreading fear and grief.[5]
In most countries, a person convicted of murder is typically given a long prison sentence, possibly a life sentence where permitted. In some countries, the death penalty may be imposed for such an act – though this practice is becoming less common.[6]
Contents [hide]
1 Etymology
2 Definition 2.1 Degrees of murder
2.2 Common law
2.3 Exclusions 2.3.1 General
2.3.2 Specific to certain countries
2.4 Victim
2.5 Mitigating circumstances 2.5.1 Insanity
2.5.2 Post-partum depression
2.5.3 Unintentional
2.5.4 Diminished capacity
2.6 Aggravating circumstances
2.7 Year-and-a-day rule
3 Historical attitudes
4 Incidence 4.1 Murder rates by country
4.2 History of murder rates
5 See also
6 References
7 Bibliography
8 External links
Etymology[edit]
The modern English word "murder" descends from the Proto-Indo-European "mrtró" which meant "to die".[7] The Middle English mordre is a noun from Anglo-Saxon morðor and Old French murdre. Middle English mordre is a verb from Anglo-Saxon myrdrian and the Middle English noun.[8]
Definition[edit]
The eighteenth-century English jurist William Blackstone (citing Edward Coke), in his Commentaries on the Laws of England set out the common law definition of murder, which by this definition occurs
when a person, of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied.[9]
The elements of common law murder are:
1.Unlawful
2.killing
3.of a human
4.by another human
5.with malice aforethought.[10]
The Unlawful – This distinguishes murder from killings that are done within the boundaries of law, such as capital punishment, justified self-defense, or the killing of enemy combatants by lawful combatants as well as causing collateral damage to non-combatants during a war.[11]
Killing – At common law life ended with cardiopulmonary arrest[10] – the total and permanent cessation of blood circulation and respiration.[10] With advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life.[10]
of a human – This element presents the issue of when life begins. At common law, a fetus was not a human being.[12] Life began when the fetus passed through the vagina and took its first breath.[10]
by another human – In early common law, suicide was considered murder.[10] The requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder.
with malice aforethought – Originally malice aforethought carried its everyday meaning – a deliberate and premeditated (prior intent) killing of another motivated by ill will. Murder necessarily required that an appreciable time pass between the formation and execution of the intent to kill. The courts broadened the scope of murder by eliminating the requirement of actual premeditation and deliberation as well as true malice. All that was required for malice aforethought to exist is that the perpetrator act with one of the four states of mind that constitutes "malice."
The four states of mind recognized as constituting "malice" are:[13]
i.Intent to kill,
ii.Intent to inflict grievous bodily harm short of death,
iii.Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"), or
iv.Intent to commit a dangerous felony (the "felony murder" doctrine).
Under state of mind (i), intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, "intent follows the bullet." Examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims.
Under state of mind (iii), an "abandoned and malignant heart", the killing must result from the defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 2007 law in California where an individual could be convicted of third-degree murder if he or she kills another person while driving under the influence of alcohol, drugs, or controlled substances.
Under state of mind (iv), the felony-murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies.
As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation. Even when the legal distinction between murder and manslaughter is clear, it is not unknown for a jury to find a murder defendant guilty of the lesser offence. The jury might sympathise with the defendant (e.g. in a crime of passion, or in the case of a bullied victim who kills their tormentor), and the jury may wish to protect the defendant from a sentence of life imprisonment or execution.
Degrees of murder[edit]
Many jurisdictions divide murder by degrees. The most common division is between first- and second-degree murder. Generally, second-degree murder is common law murder, and first-degree is an aggravated form. The aggravating factors of first-degree murder are a specific intent to kill, premeditation, and deliberation. In addition, murder committed by acts such as strangulation, poisoning, or lying in wait are also treated as first-degree murder.[14]
The distinction between first- and second-degree murder exists, for example, in Canadian murder law. Additionally, third-degree murder is recognized in U.S. murder law and Peruvian murder law.
Common law[edit]
According to Blackstone, English common law identified murder as a public wrong.[15] At common law, murder is considered to be malum in se, that is an act which is evil within itself. An act such as murder is wrong or evil by its very nature. And it is the very nature of the act which does not require any specific detailing or definition in the law to consider murder a crime.[16]
Some jurisdictions still take a common law view of murder. In such jurisdictions, what is considered to be murder is defined by precedent case law or previous decisions of the courts of law. However, although the common law is by nature flexible and adaptable, in the interests both of certainty and of securing convictions, most common law jurisdictions have codified their criminal law and now have statutory definitions of murder.
Exclusions[edit]
General[edit]
Although laws vary by country, there are circumstances of exclusion that are common in many legal systems.
Self-defense: acting in self-defense or in defense of another person is generally accepted as legal justification for killing a person in situations that would otherwise have been murder. However, a self-defense killing might be considered manslaughter if the killer established control of the situation before the killing took place. In the case of self-defense it is called a "justifiable homicide".[17]
Unlawful killings without malice or intent are considered manslaughter.
In many common law countries, provocation is a partial defense to a charge of murder which acts by converting what would otherwise have been murder into manslaughter (this is voluntary manslaughter, which is more severe than involuntary manslaughter).
Accidental killings are considered homicides. Depending on the circumstances, these may or may not be considered criminal offenses; they are often considered manslaughter.
Suicide does not constitute murder in most societies. Assisting a suicide, however, may be considered murder in some circumstances.
Killing of enemy combatants by lawful combatants, in accordance with lawful orders in war, is also generally not considered murder; although illicit killings within a war may constitute murder or homicidal war crimes. (see the Laws of war article)
Specific to certain countries[edit]
Capital punishment: some countries practice the death penalty. Capital punishment ordered by a legitimate court of law as the result of a conviction in a criminal trial with due process for a serious crime. The 47 Member States of the Council of Europe are prohibited from using the death penalty.
Euthanasia, doctor-assisted suicide: the administration of lethal drugs by a doctor to a terminally ill patient, if the intention is solely to alleviate pain, is seen in many jurisdictions as a special case (see the doctrine of double effect and the case of Dr John Bodkin Adams).[18]
A killing simply to prevent the theft of one's property may or may not be legal, depending on the jurisdiction. In the US, such a killing is legal in Texas.[19] In recent years, Texas has been the scene of some very controversial incidents that involved killing to protect property, that have led to discussions of the laws and social norms of the state (see Joe Horn shooting controversy). In a highly controversial case, in 2013, a jury in south Texas acquitted a man who killed a prostitute, who, after receiving $150 from the man in exchange for sex, refused to have sex with him and attempted to run away with his money. The man's lawyer argued that the man was trying to retrieve property which was stolen at night, an action which allows for the use of deadly force in Texas. The jury accepted this defense. There was major controversy in this case, due to the fact that there were questions about whether the money was in fact stolen, because the man had given it voluntarily to the prostitute, and the "contract" of prostitution is an illegal contract in Texas since both buying and selling sex are criminal offenses.[20][21]
Killing an intruder who is found by an owner to be in the owner's home (having entered unlawfully): legal in most US states (see Castle doctrine).
Killing to prevent specific forms of aggravated rape or sexual assault - killing of attacker by the potential victim or by witnesses to the scene; this is especially the case in regard to child rape, which is legal in parts of the US and in various countries.[22]
In some parts of the world, especially in jurisdictions which apply Sharia law, the killing of a woman or girl in specific circumstances (e.g., when she commits adultery) and is killed by her husband or other family members, known as honor killing, is not considered murder.
Victim[edit]
Murder in the House, Jakub Schikaneder.
All jurisdictions require that the victim be a natural person; that is, a human being who was still alive before being murdered. In other words, under the law one cannot murder a corpse, a corporation, a non-human animal, or any other non-human organism such as a plant or bacterium.
California's murder statute, Penal Code Section 187, was interpreted by the Supreme Court of California in 1994 as not requiring any proof of the viability of the fetus as a prerequisite to a murder conviction.[23] This holding has two implications. The first is a defendant in California can be convicted of murder for killing a fetus which the mother herself could have terminated without committing a crime.[23] The second, as stated by Justice Stanley Mosk in his dissent, is that because women carrying nonviable fetuses may not be visibly pregnant, it may be possible for a defendant to be convicted of intentionally murdering a person he did not know existed.[23]
Mitigating circumstances[edit]
Some countries allow conditions that "affect the balance of the mind" to be regarded as mitigating circumstances. This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than being found guilty of murder, if it can be proved that the killer was suffering from a condition that affected their judgment at the time. Depression, post-traumatic stress disorder and medication side-effects are examples of conditions that may be taken into account when assessing responsibility.
Insanity[edit]
Main article: M'Naghten rules
Mental disorder may apply to a wide range of disorders including psychosis caused by schizophrenia and dementia, and excuse the person from the need to undergo the stress of a trial as to liability. Usually, sociopathy and other personality disorders are not legally considered insanity, because of the belief they are the result of free will in many societies. In some jurisdictions, following the pre-trial hearing to determine the extent of the disorder, the defense of "not guilty by reason of insanity" may be used to get a not guilty verdict.[24] This defense has two elements:
1.That the defendant had a serious mental illness, disease, or defect.
2.That the defendant's mental condition, at the time of the killing, rendered the perpetrator unable to determine right from wrong, or that what he or she was doing was wrong.
Aaron Alexis holding shotgun during his rampage.
Under New York law, for example:
§ 40.15 Mental disease or defect. In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either: 1. The nature and consequences of such conduct; or 2. That such conduct was wrong.
—N.Y. Penal Law, § 40.15[25]
Under the French Penal Code:
Article 122-1
A person is not criminally liable who, when the act was committed, was suffering from a psychological or neuropsychological disorder which destroyed his discernment or his ability to control his actions.
A person who, at the time he acted, was suffering from a psychological or neuropsychological disorder which reduced his discernment or impeded his ability to control his actions, remains punishable; however, the court shall take this into account when it decides the penalty and determines its regime.
Those who successfully argue a defense based on a mental disorder are usually referred to mandatory clinical treatment until they are certified safe to be released back into the community, rather than prison.[26]
Post-partum depression[edit]
Postpartum depression (also known as post-natal depression) is recognized in some countries as a mitigating factor in cases of infanticide. According to Dr. Susan Friedman, "Two dozen nations have infanticide laws that decrease the penalty for mothers who kill their children of up to one year of age. The United States does not have such a law, but mentally ill mothers may plead not guilty by reason of insanity."[27]
Unintentional[edit]
For a killing to be considered murder in nine out of fifty states in the US, there normally needs to be an element of intent. A defendant may argue that he or she took precautions not to kill, that the death could not have been anticipated, or was unavoidable. As a general rule, manslaughter[28] constitutes reckless killing, but manslaughter also includes criminally negligent (i.e. grossly negligent) homicide.[29]
Diminished capacity[edit]
In those jurisdictions using the Uniform Penal Code, such as California, diminished capacity may be a defense. For example, Dan White used this defense[30] to obtain a manslaughter conviction, instead of murder, in the assassination of Mayor George Moscone and Supervisor Harvey Milk.
Aggravating circumstances[edit]
Murder with specified aggravating circumstances is often punished more harshly. Depending on the jurisdiction, such circumstances may include:
Premeditation
Poisoning
Murder of a police officer,[31] judge, firefighter or witness to a crime[32]
Murder of a pregnant woman[33]
Crime committed for pay or other reward[34]
Exceptional brutality or cruelty
Murder for a political cause[31][35][36]
Hate crimes, which occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group.
In the United States and Canada, these murders are referred to as first-degree or aggravated murders. Murder, under English criminal law, always carries a mandatory life sentence, but is not classified into degrees. Penalties for murder committed under aggravating circumstances are often higher, under English law, than the 15-year minimum non-parole period that otherwise serves as a starting point for a murder committed by an adult.
Year-and-a-day rule[edit]
Main article: Year and a day rule
Globe icon.
The examples and perspective in this section deal primarily with the UK and the USA and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (April 2014)
In some common law jurisdictions, a defendant accused of murder is not guilty if the victim survives for longer than one year and one day after the attack.[37] This reflects the likelihood that if the victim dies, other factors will have contributed to the cause of death, breaking the chain of causation. Subject to any statute of limitations, the accused could still be charged with an offence reflecting the seriousness of the initial assault.
With advances in modern medicine, most countries have abandoned a fixed time period and test causation on the facts of the case. This is known as "delayed death" and cases where this was applied or was attempted to be applied go back to at least 1966.[38]
In England and Wales, the "year-and-a-day rule" was abolished by the Law Reform (Year and a Day Rule) Act 1996. However, if death occurs three years or more after the original attack then prosecution can take place only with the Attorney-General's approval.
In the United States, many jurisdictions have abolished the rule as well.[39][40] Abolition of the rule has been accomplished by enactment of statutory criminal codes, which had the effect of displacing the common-law definitions of crimes and corresponding defenses. In 2001 the Supreme Court of the United States held that retroactive application of a state supreme court decision abolishing the year-and-a-day rule did not violate the Ex Post Facto Clause of Article I of the United States Constitution.[41]
In Philadelphia a 74-year-old man, William Barnes, was acquitted of murder charges on May 24, 2010. He was on trial for murder for the death of Philadelphia police officer Walter Barkley. Barnes shot Barkley on November 27, 1966, and served 16 years in prison for attempted murder. Barkley died on August 19, 2007, allegedly from complications of the wounds suffered nearly 41 years earlier.[42]
Historical attitudes[edit]
This section may require cleanup to meet Wikipedia's quality standards. No cleanup reason has been specified. Please help improve this section if you can. (July 2010)
A group of Thugs strangling a traveller on a highway in India in the early 19th century.
In the past, certain types of homicide were lawful and justified. Georg Oesterdiekhoff wrote that:
Evans-Pritchard says about the Nuer from Sudan: "Homicide is not forbidden, and Nuer do not think it wrong to kill a man in fair fight. On the contrary, a man who slays another in combat is admired for his courage and skill." (Evans-Pritchard 1956: 195) This statement is true for most African tribes, for pre-modern Europeans, for Indigenous Australians, and for Native Americans, according to ethnographic reports from all over the world. ... Homicides rise to incredible numbers among headhunter cultures such as the Papua. When a boy is born, the father has to kill a man. He needs a name for his child and can receive it only by a man, he himself has murdered. When a man wants to marry, he must kill a man. When a man dies, his family again has to kill a man.[43]
One of the oldest known prohibitions against murder appears in the Sumerian Code of Ur-Nammu written sometime between 2100 and 2050 BC. The code states, "If a man commits a murder, that man must be killed." The payment of weregild was an important legal mechanism in early Germanic society. If someone was killed, the guilty person would have to pay weregild to the victim's family. The other common form of legal reparation at this time was blood revenge.
In Judeo-Christian traditions, the prohibition against murder is one of the Ten Commandments given by God to Moses in (Exodus: 20v13) and (Deuteronomy 5v17). The Vulgate and subsequent early English translations of the Bible used the term secretly killeth his neighbour or smiteth his neighbour secretly rather than murder for the Latin clam percusserit proximum.[44][45] Later editions such as Young's Literal Translation and the World English Bible have translated the Latin occides simply as murder[46][47] rather than the alternatives of kill, assassinate, fall upon, or slay.
In Islam according to the Qur'an, one of the greatest sins is to kill a human being who has committed no fault. "For that cause We decreed for the Children of Israel that whosoever killeth a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and whoso saveth the life of one, it shall be as if he had saved the life of all mankind."[Quran 5:32] "And those who cry not unto any other god along with Allah, nor take the life which Allah hath forbidden save in (course of) justice, nor commit adultery - and whoso doeth this shall pay the penalty."[Quran 25:68]
The term 'Assassin' derives from Hashshashin,[48] a militant Ismaili Shi`ite sect, active from the 8th to 14th centuries. This mystic secret society killed members of the Abbasid, Fatimid, Seljuq and Crusader elite for political and religious reasons.[49] The Thuggee cult that plagued India was devoted to Kali, the goddess of death and destruction.[50][51] According to some estimates the Thuggees murdered 1 million people between 1740 and 1840.[52] The Aztecs believed that without regular offerings of blood the sun god Huitzilopochtli would withdraw his support for them and destroy the world as they knew it.[53] According to Ross Hassig, author of Aztec Warfare, "between 10,000 and 80,400 persons" were sacrificed in the 1487 re-consecration of the Great Pyramid of Tenochtitlan.[54][55]
Southern slave codes did make willful killing of a slave illegal in most cases.[56] For example, the 1860 Mississippi case of Oliver v. State charged the defendant with murdering his own slave.[57] In 1811, the wealthy white planter, Arthur Hodge, was executed for murdering several of his slaves on his plantation in the British West Indies.[58]
In Corsica, vendetta was a social code that required Corsicans to kill anyone who wronged their family honor. Between 1821 and 1852, no fewer than 4,300 murders were perpetrated in Corsica.[59]
Incidence[edit]
See also: List of countries by intentional homicide rate
International murder rate per 100,000 inhabitants, 2011
0-1
1-2
2-5
5-10
10-20
>20
An estimated 520,000 people were murdered in 2000 around the globe. Another study estimated the world-wide murder rate at 456,300 in 2010 with a 35% increase since 1990.[60] Two-fifths of them were young people between the ages of 10 and 29 who were killed by other young people.[61] Because murder is the least likely crime to go unreported, statistics of murder are seen as a bellwether of overall crime rates.[62]
Murder rates vary greatly among countries and societies around the world. In the Western world, murder rates in most countries have declined significantly during the 20th century and are now between 1 and 4 cases per 100,000 people per year.
UNODC : Per 100,000 population (2011)
Murder rates by country[edit]
Murder rates in jurisdictions such as Japan, Singapore, Hong Kong, Iceland, Norway, Switzerland and Austria are among the lowest in the world, around 0.5 cases per 100,000 people per year; the rate of the United States is among the highest of developed countries, around 5.5 in 2004,[63] with rates in larger cities sometimes over 40 per 100,000.[64] The top ten highest murder rates are in Honduras (91.6 per 100,000), El Salvador, Ivory Coast, Venezuela, Belize, Jamaica, U.S. Virgin Islands, Guatemala, Saint Kitts and Nevis and Zambia. (UNODC, 2011 - full table here).
The following absolute murder counts per-country are not comparable because they are not adjusted by each country's total population. Nonetheless, they are included here for reference, with 2010 used as the base year (they may or may not include justifiable homicide, depending on the jurisdiction). There were 52,260 murders in Brazil, consecutively elevating the record set in 2009.[65] Over half a million people were shot to death in Brazil between 1979 and 2003.[66] 33,335 murder cases were registered across India,[67] about 19,000 murders committed in Russia,[68] approximately 17,000 murders in Colombia (the murder rate was 38 per 100,000 people, in 2008 murders went down to 15,000),[69] approximately 16,000 murders in South Africa,[70] approximately 15,000 murders in the United States,[71] approximately 26,000 murders in Mexico,[72] approximately 13,000 murders in Venezuela,[73] approximately 4,000 murders in El Salvador,[74] approximately 1,400 murders in Jamaica,[75] approximately 550 murders in Canada[76] and approximately 470 murders in Trinidad and Tobago.[75] Pakistan reported 12,580 murders.[77]
Murder in Rio de Janeiro. More than 800,000 people were murdered in Brazil between 1980 and 2004.[78]
In the United States, 666,160 people were killed between 1960 and 1996.[79] Approximately 90% of murders in the US are committed by males.[80] Between 1976 and 2005, 23.5% of all murder victims and 64.8% of victims murdered by intimate partners were female.[81] For women in the US, homicide is the leading cause of death in the workplace.[82]
In the US, murder is the leading cause of death for African American males aged 15 to 34. Between 1976 and 2008, African Americans were victims of 329,825 homicides.[83][84] In 2006, Federal Bureau of Investigation's Supplementary Homicide Report indicated that nearly half of the 14,990 murder victims were Black (7421).[85] In the year 2007 non-negligent homicides, there were 3,221 black victims and 3,587 white victims. While 2,905 of the black victims were killed by a black offender, 2,918 of the white victims were killed by white offenders. There were 566 white victims of black offenders and 245 black victims of white offenders.[86] The "white" category in the Uniform Crime Reports (UCR) includes non-black Hispanics.[87] In London in 2006, 75% of the victims of gun crime and 79% of the suspects were "from the African/Caribbean community."[88] Murder demographics are affected by the improvement of trauma care, which has resulted in reduced lethality of violent assaults – thus the murder rate may not necessarily indicate the overall level of social violence.[89]
Workplace homicide is the fastest growing category of murder in America.[82]
Development of murder rates over time in different countries is often used by both supporters and opponents of capital punishment and gun control. Using properly filtered data, it is possible to make the case for or against either of these issues. For example, one could look at murder rates in the United States from 1950 to 2000,[90] and notice that those rates went up sharply shortly after a moratorium on death sentences was effectively imposed in the late 1960s. This fact has been used to argue that capital punishment serves as a deterrent and, as such, it is morally justified. Capital punishment opponents frequently counter that the United States has much higher murder rates than Canada and most European Union countries, although all those countries have abolished the death penalty. Overall, the global pattern is too complex, and on average, the influence of both these factors may not be significant and could be more social, economic, and cultural.
Despite the immense improvements in forensics in the past few decades, the fraction of murders solved has decreased in the United States, from 90% in 1960 to 61% in 2007.[91] Solved murder rates in major U.S. cities varied in 2007 from 36% in Boston, Massachusetts to 76% in San Jose, California.[92] Major factors affecting the arrest rate include witness cooperation[91] and the number of people assigned to investigate the case.[92]
History of murder rates[edit]
Intentional homicide rate per 100,000 inhabitants, 2009
According to scholar Pieter Spierenburg homicide rates per 100,000 in Europe have fallen over the centuries, from 35 per 100,000 in medieval times, to 20 in 1500 AD, 5 in 1700, to below two per 100,000 in 1900.[93]
In the United States, murder rates have been higher and have fluctuated. They fell below 2 per 100,000 by 1900, rose during the first half of the century, dropped in the years following World War II, and bottomed out at 4.0 in 1957 before rising again.[94] The rate stayed in 9 to 10 range most of the period from 1972 to 1994, before falling to 5 in present times.[93] The increase since 1957 would have been even greater if not for the significant improvements in medical techniques and emergency response times, which mean that more and more attempted homicide victims survive. According to one estimate, if the lethality levels of criminal assaults of 1964 still applied in 1993, the country would have seen the murder rate of around 26 per 100,000, almost triple the actually observed rate of 9.5 per 100,000.[95]
The historical homicide rate in Stockholm since 1400 AD. The murder rate was very high in the Middle Ages. The rate has declined greatly: from 45 / 100,000 to a low of 0.6 in the 1950s. The last decades have seen the homicide rate rise slowly.
A similar, but less pronounced pattern has been seen in major European countries as well. The murder rate in the United Kingdom fell to 1 per 100,000 by the beginning of the 20th century and as low as 0.62 per 100,000 in 1960, and was at 1.28 per 100,000 as of 2009. The murder rate in France (excluding Corsica) bottomed out after World War II at less than 0.4 per 100,000, quadrupling to 1.6 per 100,000 since then.[96]
The specific factors driving this dynamics in murder rates are complex and not universally agreed upon. Much of the raise in the U.S. murder rate during the first half of the 20th century is generally thought to be attributed to gang violence associated with Prohibition. Since most murders are committed by young males, the near simultaneous low in the murder rates of major developed countries circa 1960 can be attributed to low birth rates during the Great Depression and World War II. Causes of further moves are more controversial. Some of the more exotic factors claimed to affect murder rates include the availability of abortion[97] and the likelihood of chronic exposure to lead during childhood (due to the use of leaded paint in houses and tetraethyllead as a gasoline additive in internal combustion engines).
See also[edit]
Lists related to murderList of murders
List of types of killing
Topics related to murder
Culpable homicide
Depraved-heart murder
Double murder
Execution-style murder
Letting die
Mass murder
Misdemeanor murder
Murder conviction without a body
Seven laws of Noah
Stigmatized property
Thrill killing
Murder laws by country
Australia
Brazil
Canada
China
Cuba
Denmark
England and Wales
Finland
France
Germany
Hong Kong
India
Israel
Italy
Netherlands
Northern Ireland
Norway
Peru
Portugal
Romania
Russia
Sweden
Switzerland
United States
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Bibliography[edit]
Lord Mustill on the Common Law concerning murder
Sir Edward Coke Co. Inst., Pt. III, ch.7, p. 50
Why Do We Kill? The Pathology of Murder in Baltimore (part 1/3), "Retired Baltimore Homicide Detective Kelvin Sewell and investigative journalist Stephen Janis explain why they decided to write the book Why Do We Kill?." Why Do We Kill? (part 2/3), "Kelvin Sewell and Stephen Janis discuss what speaking to those accused of murder can teach about the failures of our society." Why Do We Kill? (part 3/3), "Kelvin Sewell and Stephen Janis discuss the killing of a former Baltimore police commissioner's daughter that shook the city." February 2015, The real news network
External links[edit]
Look up murder in Wiktionary, the free dictionary.
Wikimedia Commons has media related to Murder.
Wikiversity has learning materials about Murder
1986 Seville Statement on Violence (from UNESCO)
"This Could Never Happen to Me - A Handbook for Families of Murder Victims and People Who Assist Them" - Hosted by the Texas Department of Criminal Justice
Introduction and Updated Information on the Seville Statement on Violence
U.S. Centers for Disease Control "Atlas of United States Mortality"
Cezanne's depiction of "The Murder"
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