A Servitude is a limited real right where a load is placed on immovable property. It is a limited real right due to the fact that servitudes are a real right extracted from the full dominium of the owner and are exercised by another person making the content of the servitude to be the entitlements the owner has given to the other person. It limits the entitlements of the owner in order to give another person some right over that land. This means that the entitlements that the owner has over the land are limited in favour of either another person or the owner of another property. There are two classifications of servitudes, either personal or praedial.. A personal servitude attaches itself to the holder in their personal capacity. They …show more content…
The first of these four ways is through agreement between the owner of the property and the one entitled to the servient. This is usually with regard to a praedial servitude over land. The agreement will address what the parties agreed on in terms of the nature, scope, extent of the servitude, the amount to be paid to the owner of the thing and how long the servitude will be applicable. Praedial servitudes may be granted to ‘run with the land’or may only be granted for a specific period of time of under certain conditions. In the Eskom Holdings Soc Ltd v Norton case for example where Eskom, which is state owned and is the main distributor of electricity in South Africa, had ‘the “right in perpetuity”, meaning it would ‘run with the land’ to convey electricity across [the property owned by the first respondent], in this case, one of the conditions of the servitude was that Eskom was allowed to place any equipment that would be needed for the distribution of …show more content…
It is mostly applicable to praedial servitudes but personal servitudes can also be created this way. The third way to create servitudes is through statutes for example servitudes can also be created through acquisitive prescription. This is stipulated in section 6 of the Prescription Ac t where if a person has been in possession of a servitude for a period of 30 years openly in a manner which indicated that they were entitled to do so and as though he were entitled to do so, exercised the rights and powers which a person who has a right to such servitude is entitled to exercise, for an uninterrupted period of thirty years or, in the case of a praedial servitude, for a period which, together with any periods for which such rights and powers were so exercised by his predecessors in title, constitutes an uninterrupted period of thirty
Some were also forced into life of captivity. It was common for young individuals to be kidnapped and taken to a home of a common family to work and serve them. Many owners would treat their slaves fairly. The masters would own a piece of property and have an apartment for their own personal family along with a home for the enslaved family. Equiano talks about how many slaves owned their own slaves in some cases.
Indentured servant - Someone who agreed to work for a number of years in exchange for the cost of a voyage to North America
In Aristotle's "Justifying Slavery" and Seneca's "On Master and Slave," the two authors express their opposing sentiments on the principles of slavery. While Aristotle describes slavery as predestined inferiority, evidenced greatly by physical attributes, Seneca emphasizes the importance of "philosophical" freedom as opposed to physical freedom. (p. 58). The authors' contrasting views are disclosed in their judgments on the morality of slavery, the degree of freedom all people possess at birth, and the balance of equality between a slave and his master.
Physical abuse by plantation owners towards both their servants and slaves was common. One account by Thomas Gates in a General Court of Colonial Virginia document about Elizabeth Abbot, an indentured servant, stated that “she had been sore beaten and her body full of sores and holes very dangerously raunckled and putrified both above her wast and uppon her hips and thighs” (General Court of Colonial Virginia). In fact, such abuse towards servants and slaves was so common that the state of Virginia had to make laws for such cases. Unfortunately, colonial governments did not consider corporal punishment illegal. Thus adding to the brutality endured by persons in captivity and servitude during the colonial era. “Moderate corporal punishment inflicted
state of Bondage in which. they are held, is a striking evidence of the benevolence of
... own. If the master does not have sufficient wealth to facilitate this, she or he must sell, hire out, or manumit the slave as ordered. Masters were encouraged to educate slaves, to teach them how to write/read, etc. Slave-owners had no right in harming a slave under Islamic rule, unless the slave had committed a crime, in which the penalty would be lessened. In America, slaves had no such right to demand the sustenance to be of the same quality the master had, the treatment of slaves in the United States was generally brutal and degrading. Whipping, execution and sexual abuse were common ways in making a slave ‘behave’. Slaves were not educated as to not encourage them to escape or rebel. Punishment was most often meted out in response to disobedience or perceived infractions, but slaves were also sometimes abused to assert the dominance of their master or overseer.
These slaves were not treated as a person but as an impersonal asset although they did have their rights. These were dismal rights but they were important for the slaves well-being. The rights were as follows: the slave was allowed his personal items (like money etc.), he could not be killed without a good reason.
There were very few vague laws on slavery, but it was always a permanent servitude. At first slaves had limited rights, and were allowed to own land, after their period of slavery was over. They were allowed to marry and have children. The slave kids that were born while they were enslaved were not considered to be slaves, but to be free under the law. Indentured Servants helped the colonies increase their population.
Slaves were property and serfs were required to give most of their harvest and labor to their landlords, however even they “guaranteed subsistence” that a Proletariat did not, according to Engels’s “Draft of a Communist Confession of Faith”. The serf could work harder to increase his part of the harvest, however no matter how hard the Proletariat worked his wage would remain the same. The Proletariat was not owned like a slave to one master, however figuratively the Proletariat was a slave to the Bourgeois class, if they did not work, they did not eat
misery in no less than 32 children in our ship, all of whom were thrown into the sea.” (Gottlieb Mittelberger, Journey to Pennsylvania in the Year 1750). Once the indentured servants arrived to their destination, they would sign a contract in agreement to serve their designated master. There was no relationship between a master and a servant. It was in agreement that the servant would work
People work hard in life so that they can own property and after acquiring the property, they need the property to be protected from those with intentions of taking it away. The process of property acquisition may entail legal and illegal activities. While acquiring the property people are supposed to ensure that they use just means.
They saw being able to have a decent meal, a place to stay, and learning new skills as beneficial to their wellbeing as well as the rest of their family. They made the decision to become indentured servants because it was better than being beggars and not having a stale income or a skill to fall back
During the seventeenth century indentured servants were a sounder investment, and posed less of a risk. Due to the many diseases and the malnutrition of these servants many didn’t live long enough to serve their entire seven years. Servants were also much less being a third, to one half the price of slaves. However, this changed once the Virginia Company discovered tobacco. The “growing prosperity” lead to an increase in the labor force. Now that they were profiting and getting a return on their investments it made more sense to invest more. The work load was also larger and required more people to take care of the crops of tobacco that was growing
...ot defined. Also, debt can be transferred from parent to child, which allows the slaveholder to determine when the complete payment of the debt and interest is paid off (Professor Jun, Lecture, 2014).
The subtly comedic interactions and juxtapositions between masters and slaves in William Shakespeare’s “The Tempest” generate a question which has been the source of much controversy throughout history: are the hierarchical classifications “slave” and “free” reflections of a person’s fundamental nature, or are they social constructions based on bias and self-interest which have nothing to do with absolute truth? This question is crucial because the way that we answer it has the potential to either justify or condemn the widespread practice of enslaving certain individuals. A close look at Shakespeare’s portrayal of masters and slaves in this play suggests that although those who enslave others would like to believe that slave and free are natural categories, they seem to be socially constructed.