Slavery came to an end in numerous ways. Household slavery ended because of an exhaustion of supplies, because slavery evolved into some other system of dependent labor, because it withered away, or because it was formally abolished. Productive slavery came to an end for the additional reasons that it ceased to be profitable or that it was abolished by warfare or the threat of warfare.

Throughout history there have been people who in one way or another believed that slavery was not a good or natural condition. Jean Bodin (1530–96), the French founder of antislavery thought, for example, condemned the institution as immoral and counterproductive and advocated that no group of men should be excluded from the body politic. Nevertheless, remarkably few people found the institution of slavery to be unnatural or immoral until the second half of the 18th century. Until that time Christians commonly thought of sin as a kind of slavery rather than slavery itself as a sin. When concern was expressed for slaves, it was for their good care, not for their unfree status.

Frequently, when slavery passed from the scene, it did so with little fanfare. In most societies, such as ancient Babylonia, Israel, Egypt, or Athens, the institution of slavery had little or no connection with the society’s rise or demise. In Rome, on the other hand, slavery began to yield to tenancy and the antecedents of serfdom before the fall of the empire, as the diminishing supply of slaves and the rise of their price coincided with the disintegration of the olive oil- and wine-producing plantations of southern Italy and loss of markets in the face of competition from Spain, Gaul, and North Africa. (This standard interpretation has been challenged, however.) In the Eastern Roman Empire (Byzantium) serfdom was the predominant form of dependent labor, and slavery was definitely secondary. Manumitting slaves became much easier, according to the laws, and the Ecloga and the Procheiron Nomos (see below) prescribed that the slaves of persons who died without testament had to be freed. Throughout most of Europe household slavery persisted well into the late Middle Ages and even later and only gradually died out. Slavic slaves were plentiful, for example, in the Italian city-states as late as the 14th century, and African slaves could be found in Spain and Portugal in the 16th century. Serfdom replaced slavery in medieval Germany. By the end of the Middle Ages slavery no longer existed in England, and the famous Cartwright decision of the reign of Elizabeth I (1569) held that “England was too pure an air for slaves to breathe in.”

Slavery persisted longer in eastern Europe. In Poland it was replaced by the second enserfment; the sale and purchase of slaves were forbidden in the 15th century. A similar process occurred in Lithuania, where slavery was formally abolished in 1588. In Russia it came to an end with the first enserfment: agricultural slaves were formally converted into serfs in 1679, and household slaves were converted into house serfs in 1723. In the Caucasus and in Central Asia slavery persisted until the second half of the 19th century. As the Russian Empire grew and its hegemony spread, it adopted the tendency of 19th-century imperialist powers to enforce abolition when embarking upon colonization. Thus the conquest of the Caucasus led to the abolition of slavery by the 1860s and the conquest in Central Asia of the Islamic khanates of Bukhara, Samarkand, and Khiva by the 1870s.

The reexportation of slaves from England was challenged by a group of humanitarians led by Granville Sharpe. Chief Justice Mansfield ruled in 1772 that James Somerset, a fugitive slave from Virginia, could not be forcibly returned to the colonies by his master. The fate of slavery in most of the rest of the world depended on the British abolition movement, which was initiated by the English Quakers in 1783 when they presented the first important antislavery petition to Parliament. They were following the Pennsylvania Quakers, who had voiced opposition to slavery in 1688. The Vermont constitution of 1777 was the first document in the United States to abolish slavery. Another sign of the spread of antislavery feeling was the declaration in the U.S. Constitution that the importation of slaves could be forbidden after 20 years (in 1808). An act of March 2, 1807, forbade trading in slaves with Africa. Well before the rise of cotton some people hoped that natural processes combined with a prohibition on infusions would put an end to slavery.

In 1807 the British abolished the slave trade with their colonies. In the Caribbean, slavery was abolished by British Parliamentary fiat, effective July 31, 1834, when 776,000 slaves in the British plantation colonies were freed. The British imperial emancipation can be attributed to the growing power of the philanthropic movement and a double switch in the focus of the British Empire, geographically from west (the Caribbean) to east (India) and economically from protectionism to laissez-faire.

The British move in 1807 to abolish the slave trade had an immediate impact on the juntas struggling for independence in Spanish America. The slave trade was declared illegal in Venezuela and Mexico in 1810, in Chile in 1811, and in Argentina in 1812. In 1817 Spain signed a treaty with Britain agreeing to abolish the slave trade in 1820, but the trade continued to the remaining Spanish colonies until 1880. Chile freed its Black slaves in 1823; Mexico abolished slavery in 1829, and Peru in 1854.

The American antislavery movement, linked to the “Second Great Awakening,” succeeded in arousing immense hostility between the non-slave North, where most states had voluntarily abolished slavery by 1804, and the slaveholding South, where the “peculiar institution” became even further entrenched because of the spread of cotton cultivation. By the 1850s, however, the old abolition movement had flagged. It took political developments and forces (especially the emergence of the Free-Soil movement and the conflict over the expansion of slavery), the South’s secession, the Civil War, and Abraham Lincoln’s Emancipation Proclamation on January 1, 1863, to put slavery on the road to extinction in the United States. The proclamation was confirmed by the Thirteenth Amendment to the Constitution, which put an end to slavery.

Puerto Rico abolished slavery (with provisions for periods of apprenticeship) in 1873 and Cuba in 1880. Brazil was the last Western Hemisphere nation to abolish slavery. The British antislavery movement of the 1810s had almost put an end to the institution, but a thriving world market for coffee revitalized it in the 1820s. In 1850 Britain declared that a squadron would enter Brazilian territorial waters to seize vessels carrying slaves, and later that year Brazil responded by equating the slave trade with piracy. On May 13, 1888, all Brazilian slaves were manumitted. Initially there was some opposition by the coffee growers, but their resistance crumbled immediately.

The European colonization movement of the second half of the 19th century put an end to slavery in many parts of Africa, East Asia, and Southeast Asia. The abolition of slavery in both Hindu and Muslim India by Act V of 1843 meant only that the British courts would not enforce claims to a slave, but the Penal Code of 1861 made holding a slave a crime. Having seen to the abolition of slavery in most of Latin America and South Asia, the British turned their attention back to Africa. They moved onto the continent, took control of those governments that were thriving on slavery, and attempted to abolish the institution. Lagos was annexed in 1861, and all of Nigeria followed. In the 1870s British missionaries moved into Malawi, the place of origin of the Indian Ocean Islamic slave trade, in an attempt to interdict it at its very source. In 1890 Zanzibar was made a British protectorate after the sultan’s authority had been destroyed by the struggle over the slave trade. In Dahomey the French abolition of slavery resulted in the cessation of ceremonial human sacrifice.

The imperial government formally abolished slavery in China in 1906, and the law became effective on January 31, 1910, when all adult slaves were converted into hired laborers and the young were freed upon reaching age 25. Slavery was legally abolished in Korea in the Gap-o reform of 1894 but remained extant in reality until 1930.

Some parts of Africa and much of the Islamic world retained slavery at the end of World War I. For this reason the League of Nations and later the United Nations took the final extinction of slavery to be one of their obligations. The league had considerable success in Africa, with the assistance of the colonial powers, and by the late 1930s slavery was abolished in Liberia and Ethiopia. After World War II the United Nations Universal Declaration of Human Rights and the European Convention of Human Rights proclaimed the immorality and the illegality of slavery. Slavery was abolished in most Islamic countries, although it persisted in Saudi Arabia into the 1960s. It finally was made illegal in the Arabian Peninsula in 1962. It is probable that slavery no longer exists as a legal phenomenon recognized by a political authority or government any place in the world.

The law of slavery

Sources of slavery law

By definition slavery must be sanctioned by the society in which it exists, and such approval is most easily expressed in written norms or laws. Thus it is not accidental that even the briefest code of a relatively uncomplicated slave-owning society was likely to contain at least a few articles on slavery.

Both slave-owning and slave societies that were part of the major cultural traditions borrowed some of their laws about slavery from the religious texts of their respective civilizations. Principles regarding slavery that proved to be either unprofitable or unworkable were among the first to be discarded. An obvious example is provided by the biblical law that Hebrew slaves were to be manumitted after six years (Exodus 21:2; Deuteronomy 15:12). A similar general recommendation that slaves be freed after six years in bondage was adhered to by many Islamic slave-owning societies; it helps to account for the ferocity and frequency of their slave raids, for they had a need for constant replenishment of their slave supplies. In Christian slave societies, on the other hand, the principle that the tenure of slavery should be limited was almost completely ignored.

Practically every society that possessed slaves wrote about them in its laws, and thus only a few codes can be mentioned here. The ancient Mesopotamian laws of Eshnunna (c. 1900 bce) and the Code of Hammurabi had a number of articles devoted to slavery, as did the Pentateuch. In ancient India the Laws of Manu of the 1st century bce contained numerous laws on slaves.

Little is known about the Athenian law of slavery, but the Roman law of slavery was extraordinarily elaborate. Roman law was summed up in the great Pandects of Justinian of 533 ce, and some of its slave norms later found their way into the Byzantine Ecloga (which incorporated Syrian norms as well) of 726 ce and, more deliberately, into the Procheiron Nomos of 867–879 ce. Romano-Byzantine norms also found their way into the Bulgarian Court Law for the People (“Zakon Sudnyi Liudem”) of the end of the 9th century and the 13th-century Ethiopian Fetha Nagast.

The European barbarian (Germanic) codes, which first appeared in the 5th century ce and remained in effect for about half a millennium, were derived from customary law influenced by Roman law. The slave statutes of the Russian Russkaya Pravda of the 11th–13th century were all clearly of native East Slavic origin. The same was true of the Muscovite court handbooks (Sudebniki) of 1497, 1550, 1589, and 1606. The Muscovite Russians had a special government office to deal with slavery matters, the Slavery Chancellery (1571–1704), and its practice became the basis of chapter 20 of the great Ulozhenie of 1649, which constituted 119 of the 967 articles of the code; other articles dealt with slavery as well.

The Qurʾān was the fundamental starting point for Islamic law (Sharīʿah), including the law of slavery. It was supplemented by the ijmāʿ, the scholarly legal consensus, and the qiyās, juristic reasoning by analogy. Islamic law regulated in detail every part of the institution of slavery, from the jihad (holy war) and the distribution of booty to the treatment of slaves and emancipation. The last Islamic slave law was promulgated in 1936 by King Ibn Saʿūd of Saudi Arabia, which restated the teachings of the Qurʾān. It also required owners to register slaves with the government and licensed slave traders.

Some sub-Saharan African societies followed Islamic law; others had their own. The latter ordinarily were not systematized until the European colonization movement, and so their law of slavery was oral common law.

Slavery was a relatively prominent institution in the Chinese Tang Code of the 7th century ce. Subsequently it was mentioned in every Chinese law down to the 20th century and was also important in the Korean legal system. The slavery norms of the Mongol Great Yassa of Genghis Khan were locally generated, but subsequent Mongol law reveals considerable influence of the Tang Code.

The circum-Caribbean world had several basic laws of slavery. The slave law of the Spanish-speaking colonies and then independent countries was based on the Siete Partidas of 1263–65 of Alfonso X of Castile and Léon and the Spanish Slave Code of 1789. Another important code in Latin America was Louis XIV’s Code Noir of 1685. The Louisiana Slave Code of 1824 was based on the Siete Partidas and the Code Napoléon.

The Danish Virgin Islands had two largely locally generated codes of 1733 and 1755, although they were approved by the colonial administration of Denmark. The English colonies were completely autonomous, for England had no law of slavery from which to borrow. The first code was that of Barbados of 1688, whose origins are unknown. It was imitated by the South Carolina code of 1740. Beginning with Virginia in 1662, each colony in North America worked out its own ex post facto law of slavery before independence, a process that continued after the creation of the United States and until the Civil War. Slavery is mentioned only three times and referred to at most 10 times (and then only indirectly) in the U.S. Constitution, and, except for a handful of measures on fugitives, there was no federal slave law. The basic protection for the institution of slavery was the Tenth Amendment of 1791, the reserved powers clause, which left the issue of slavery and other matters to the states.

Legal definitions of slavery

Some of the definitions of slavery discussed above were legal, but the majority were not. This section focuses exclusively on legal definitions of slavery. Most groups, whether national or religious, forbade the enslavement of their fellows; thus, the Spanish could not enslave Spaniards, Arabs could not enslave Arabs, and Christians and Muslims could not enslave their coreligionists. Legally, the slave ordinarily had to be an outsider. In law the slave was usually defined as property, and the question then was whether he was movable property (chattel) or real property. In most societies he was movable property, but in some he was real property.

Some societies, such as Muscovy in the 16th and 17th centuries, had different legal categories of slaves. There some slaves were inherited, others were purchased forever, others for a limited time could become perpetual slaves, and still others for specific functions such as estate managers. Different varieties or gradations of slaves were found elsewhere as well, as in China and in certain African societies.