Aswad
Posts: 9374
Joined: 4/4/2007
Status: offline
|
quote:
ORIGINAL: Alecta
Then look it up for your country of residence because every government has different laws.
Absolutely. For instance, Norway allows you to voluntarily remand yourself into the legal guardianship of another adult in good standing by a civil lawsuit, although it's going to raise some serious issues (for one, the state can refuse your choice of guardian, and probably will if your relationship heads off in a direction some beurocrat considers detrimental).
A contract can be part of establishing that consent has been present and ongoing in a meaningful sense, and the courts recognize the use of safewords as redefining the nature of consent for the duration of an interaction (i.e. reasonable doubt applies if the safeword was not used in a context where a safeword is documented to have been agreed upon).
The limit of consent here is grievous bodily harm. You can't consent to that with a partner. Of course, the definition of grievous bodily harm is essentially an injury that unambiguously causes permanent disability of a sort that is a serious obstacle to gainful employment and a serious impediment to quality of life. I'm thinking most of us will stay inside those limits anyway.
An ongoing trial is expected to define the bulk of what the possible range of consent is in the context of an M/s relationship, with possible outcomes ranging from acquittal to 31 years plus indefinite custody. I doubt the case will be resolved until it gets up to the supreme court level, where they tend to be rather impressively discerning in such matters at times.
Actual slavery contracts would run afoul of the courts' discretion to consider the realities of a situation independently of the technicalities. One can get just about everything short of having the police bring people back (which they do if you've got the legal guardian thing setup and they don't feel compelled to bring the person to a medical ward for an evaluation). But the realities of that are illegal, so it would not matter that the arrangement is in itself technically legal, so long as the net result isn't.
I cannot see slavery in the kinky fantasy sense being enforced without actually buying a whole sovereign jurisdiction and being able to be independently functioning as one. There is quite simply too much momentum against the historical (and contemporary) practice for that to be a viable thing for any society to get away with approving, even under initial consent. No nation will give someone complete autonomy, including the right to disown such autonomy.
IWYW,
— Aswad.
_____________________________
"If God saw what any of us did that night, he didn't seem to mind.
From then on I knew: God doesn't make the world this way.
We do." -- Rorschack, Watchmen.
|
RE: Is a private contract of slavery legal? - 
Profile
New Messages
No New Messages
Hot Topic w/ New Messages
Hot Topic w/o New Messages
Locked w/ New Messages
Locked w/o New Messages
Post New Thread