Abolitionism
Abolitionism, or the abolitionist movement, is the movement to end slavery and liberate slaves around the world.
For other uses, see Abolitionism (disambiguation).
The first country to fully outlaw slavery was France in 1315, but it was later used in its colonies. Under the actions of Toyotomi Hideyoshi, chattel slavery has been abolished across Japan since 1590, though other forms of forced labour were used during World War II. The first and only country to self-liberate from slavery was actually a former French colony, Haiti, as a result of the Revolution of 1791–1804. The British abolitionist movement began in the late 18th century, and the 1772 Somersett case established that slavery did not exist in English law. In 1807, the slave trade was made illegal throughout the British Empire, though existing slaves in British colonies were not liberated. Vermont was the first state in America to abolish slavery in 1777, followed by the rest of the northern United States. By 1808 the United States outlawed the international slave trade and importation of slaves but did not ban slavery outright until 1865.
In Eastern Europe, groups organized to abolish the enslavement of the Roma in Wallachia and Moldavia between 1843 and 1855, and to emancipate the serfs in Russia in 1861. The United States would pass the 13th Amendment in December 1865 after having just fought a bloody Civil War, ending slavery "except as a punishment for crime". In 1888, Brazil became the last country in the Americas to outlaw slavery. As the Empire of Japan annexed Asian countries, from the late 19th century onwards, archaic institutions including slavery were abolished in those countries.
After centuries of struggle, slavery was eventually declared illegal at the global level in 1948 under the United Nations' Universal Declaration of Human Rights. Mauritania was the last country to officially abolish slavery, with a presidential decree in 1981.[1] Today, child and adult slavery and forced labour are illegal in almost all countries, as well as being against international law, but human trafficking for labour and for sexual bondage continues to affect tens of millions of adults and children.
France[edit]
Early abolition in metropolitan France[edit]
Balthild of Chelles, herself a former slave, queen consort of Neustria and Burgundy by marriage to Clovis II, became regent in 657 since the king, her son Chlothar III, was only five years old. At some unknown date during her rule, she abolished the trade of slaves, although not slavery. Moreover, her (and contemporaneous Saint Eligius') favorite charity was to buy and free slaves, especially children. Slavery started to dwindle and would be superseded by serfdom.[2][3]
In 1315, Louis X, king of France, published a decree proclaiming that "France signifies freedom" and that any slave setting foot on French soil should be freed. This prompted subsequent governments to circumscribe slavery in the overseas colonies.[4]
Some cases of African slaves freed by setting foot on French soil were recorded such as the example of a Norman slave merchant who tried to sell slaves in Bordeaux in 1571. He was arrested and his slaves were freed according to a declaration of the Parlement of Guyenne which stated that slavery was intolerable in France, although it is a misconception that there were 'no slaves in France'; thousands of African slaves were present in France during the 18th century.[5][6] Born into slavery in Saint Domingue, Thomas-Alexandre Dumas became free when his father brought him to France in 1776.
In societies with large proportions of the population working in conditions of slavery or serfdom, stroke-of-the-pen laws declaring abolition can have thorough-going social, economic and political consequences. Issues of compensation/redemption, land-redistribution and citizenship can prove intractable. For example:
American abolitionist constitutionalism[edit]
Abolitionist constitutionalism is a line of thinking which invokes the historical view of the Constitution of the United States as an abolitionist document. It calls for an appeal to constitutionalism and progressive constitutionalism.[84] This vision is interdisciplinary and finds its roots in the anti-slavery movement in the United States of America and is largely based on the tenet that current state institutions, particularly the carceral system, is rooted in the transatlantic slave trade. Some constitutional abolitionists critique the claim that the Constitution was pro-slavery.[85]
Radical abolitionist constitutionalism calls for the idea of dignity and the use of jurisprudence to address social inequalities.[86]
Whereas the original U.S. Constitution was pro-slavery, the Reconstruction Amendments can be seen as a compromise for freedom, without allowing for the full abolition. Criminal punishment was a major way that Southern states maintained the exploitation of black labour and effectively nullified the Reconstruction Amendments. This was done namely through Black Codes, harsh vagrancy laws, apprenticeship laws and extreme punishment for black people.[84] The Reconstruction Amendments in their aim to promote citizenship and emancipation are believed by these thinkers to still be guiding principles in the fight for freedom and abolition.
There are suggestions that a broad reading of the Thirteenth Amendment can convey an abolitionist vision of the freedom advocated for by black people in the public sphere beyond emancipation.[87]
Section one of the Fourteenth Amendment was used by many abolitionist lawyers and activists throughout the North to advance the case against slavery.[85]
Proponents of abolitionist constitutionalism believe the Thirteenth and Fourteenth Amendments can be used today to extend the abolitionist logics to the various current barriers to injustices that are faced by marginalized peoples.[86]
Just like abolitionism more generally, abolitionist constitutionalism seeks to provide a vision which will lead to the abolition of many different neoliberal state institutions, such as the prison industrial complex, the wage system, and policing. This is tied to a belief that white supremacy is woven into the fabric of legal state institutions.[84]
Radical abolitionists are often marginalized. There is a belief that constitutionalism as a main tenet of radical abolitionism can change and appeal to the popular opinion more.[86] Historically, slavery abolitionists have had to use the public meaning of Constitutional terms in order in their fight against slavery.[85] Constitutional abolitionists are generally in favour of incremental changes that follow the principles of the Reconstructive Amendments.[84]
There are debates among abolitionists, where some claim that the Constitution ought not to be treated as an abolitionist text, as it is rather used as a legal tool by the state to deny freedoms to marginalized communities; and that contemporary abolitionist work cannot be done by relying on the constitutional texts. Some argue that the narrative and scholarly literature around Reconstruction Amendments is not coherent regarding their original aims.[84]