Collapsing the Boundaries Between De Jure and De Facto Slavery: The Foundations of Slavery Beyond the Transatlantic Frame

Abstract

The identification of contemporary forms of slavery is often problematically demarcated by reference to transatlantic enslavement as the definitive archetype. Such an approach overlooks other historic slaveries and neglects the totality of the maangamizi—the African holocaust. This article addresses the problematics of positioning the transatlantic system as the paradigm and unpacks the constituent elements of de jure slavery to construct an understanding of slavery as a condition as well as a status. By identifying the core features of de jure chattel slavery through time, this paper displaces the assumption that legal status is determinative, giving meaning to the concept of slavery in the contemporary world.