Legal mechanisms of exploitation and the trade on human lives

The primary issue addressed in Dr. Daniel Pinheiro Astone’s dissertation in public international law, titled ”Living as a commodity: Law, exploitation and the trade on human lives”, is a central paradox within critical legal studies: how can the law, ostensibly a vehicle for justice, facilitate and sustain injustice? 

This inquiry is particularly focused on understanding how legal mechanisms allow exploitation to persist legally, despite its inherently harmful and unjust nature. The research examines legal operations in various contexts where exploitation is evident, such as patent laws on essential medicines and labor exploitation. The goal is to uncover the ways in which the law provides a framework for such exploitation to occur and be maintained.

Key Findings and Contributions

The dissertation introduces the concept of "ablegality," a novel theoretical framework that captures the residual outcomes generated by legal operations. This concept helps to explain how legal systems internally create the conditions for exploitation. A significant finding is that the perpetuation of unjust operations within the law is not merely a result of economic forces subsuming legal principles, but rather an intrinsic function of the legal system itself. This insight challenges the notion that injustice in legal contexts is primarily driven by economic interests, suggesting instead that the law's internal mechanisms play a critical role in sustaining exploitation.

By examining patents on essential medicines and labor exploitation, the dissertation illustrates how legal structures enable expropriation and accumulation to occur in ways that are legally sanctioned yet morally questionable. The analysis highlights the dialectical tension between expropriation (the removal of resources from individuals or groups) and accumulation (the concentration of resources), both of which are facilitated by legal frameworks.

Impact on Policy and Legal Practices

This research has significant implications for policy decisions and legal practices concerning exploitation and the trade of human lives. By uncovering the internal mechanisms through which the law perpetuates exploitation, policymakers and legal practitioners are better equipped to identify and address these issues. The concept of ablegality provides a critical lens through which to evaluate and reform legal structures that contribute to systemic injustice.

Moreover, the findings suggest that efforts to combat exploitation must consider not only the economic dimensions but also the legal operations that enable such practices. This holistic understanding can inform more effective legal reforms and policies aimed at protecting vulnerable populations from exploitation.

Conclusion

"Living as a Commodity: Law, Exploitation, and the Trade on Human Lives" offers a groundbreaking analysis of the role of law in facilitating exploitation within contemporary capitalism. By introducing the concept of ablegality and highlighting the internal operations of legal systems, this dissertation provides a new perspective on how injustice is embedded within legal frameworks. The research underscores the need for comprehensive legal and policy reforms to address the complex interplay between law, economy, and exploitation.

As one of the dissertation's key conclusions emphasizes, "the operations deemed unjust (albeit legal) do not necessarily result from the subsumption of the law to the economy; rather, injustice is generated internally, even though it might be experienced in other realms such as the dispossession commonly associated with economic distribution." This insight challenges conventional critical legal theories and opens new avenues for understanding and addressing legal injustices in the context of exploitation.

Read the thesis with Open Access in DiVA

About the Public defence | June 14 | 2024

Opponent was Professor Fiona Macmillan, University of Roma Tre.

The examining committee consisted of Professor Mauro Zamboni, Stockholm University, Professor Gregor Noll, Gothenburg University, and Professor Dina Waked, Sciences Po, Paris.

Supervisors was Professor Pål Wrange and Professor Antonina Bakardjieva Engelbrekt, Stockholm University, and Professor Emilios Christodoulidis, University of Glasgow. 

Text: Natalie Oliwsson