Servitude in United States
Servitude Definition
In Civil Law. The subjection of one person to another person, or of a person to a thing, or of a thing to a person, or of a thing to a thing. A right which subjects a land or tenement to some service for the use of another land or tenement which belongs to another master. Domat, Civ. Law (Gushing Ed.) § 1018.
(1) A mixed servitude is the subjection of persons to things, or things to persons.
(2) A natural servitude is one which arises in consequence of the natural condition or situation of the soil.
(3) A personal servitude is the subjection of one person to another. If it consists in the right of property which a person exercises over another, it is slavery. When the subjection of one person to another is not slavery, it consists simply in the right of requiring of another what he is bound to do or not to do. This right arises from all kinds of contracts or qtuisi contracts. Lois des Bat. p. 1, c. 1, art. 1.
(4) A real or predial servitude is a charge laid on an estate for the use and utility of another estate belonging to another proprietor. Code La. art. 643. When used without any adjunct, the word “servitude” means a real or predial servitude. Lois des Bat. p. 1, c. 1. Real servitudes are divided into rural and urban. (a) Rural servitudes are those which are due by an estate to another estate, such as the right of passage over the serving estate, or that which owes the servitude, or to draw water from it, or to water cattle there, or to take coal, lime, and wood from it, and the like. (b) Urban servitudes are those which are established over a building for the convenience of another, such as the right of resting the joists in the wall of the serving building, of opening windows which overlook the serving estate, and the like. Dalloz. This term is used as a translation of the Latin term servitus in the French and Scotch law (Dalloz; Paterson, Comp.), and by many common-law writers (3 Kent, Comm. 434; Washb. Easem.), and in the Civil Code of Louisiana. “Service” is used by Wood, Taylor, Harris, Cowper, and Gushing in his translation of Domat. Much of the common-law doctrine of easements is closely analogous to, and probably in part derived from, the civil-law doctrine of servitudes. In Modern Law. Real servitudes are known as “easements,” the term “servitude” being used only in the sense of the burden imposed by an easement.
Servitude in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Servitude | Servitude in the World Legal Encyclopedia. |
| Servitude | Servitude in the European Legal Encyclopedia. |
| Servitude | Servitude in the Asian Legal Encyclopedia. |
| Servitude | Servitude in the UK Legal Encyclopedia. |
| Servitude | Servitude in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Servitude
Scan Servitude in the appropriate area of law:
| Link | Description |
|---|---|
| Servitude | Servitude in the Family Law Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the IP Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the Commercial Law Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the Criminal Law Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the Antritrust Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the Tax Law Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Servitude | Servitude in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Servitude in the Dictionaries | Servitude in our legal dictionaries |
| http://lawi.us/servitude | The URI of Servitude (more about URIs) |
| Servitude related entries | Find related entries of Servitude |
Legal Issue for Attorneys
In Civil Law. The subjection of one person to another person, or of a person to a thing, or of a thing to a person, or of a thing to a thing. A right which subjects a land or tenement to some service for the use of another land or tenement which belongs to another master. Domat, Civ. Law (Gushing Ed.) § 1018.
(1) A mixed servitude is the subjection of persons to things, or things to persons.
(2) A natural servitude is one which arises in consequence of the natural condition or situation of the soil.
(3) A personal servitude is the subjection of one person to another. If it consists in the right of property which a person exercises over another, it is slavery. When the subjection of one person to another is not slavery, it consists simply in the right of requiring of another what he is bound to do or not to do. This right arises from all kinds of contracts or qtuisi contracts. Lois des Bat. p. 1, c. 1, art. 1.
(4) A real or predial servitude is a charge laid on an estate for the use and utility of another estate belonging to another proprietor. Code La. art. 643. When used without any adjunct, the word “servitude” means a real or predial servitude. Lois des Bat. p. 1, c. 1. Real servitudes are divided into rural and urban. (a) Rural servitudes are those which are due by an estate to another estate, such as the right of passage over the serving estate, or that which owes the servitude, or to draw water from it, or to water cattle there, or to take coal, lime, and wood from it, and the like. (b) Urban servitudes are those which are established over a building for the convenience of another, such as the right of resting the joists in the wall of the serving buildin
g, of opening windows which overlook the serving estate, and the like. Dalloz. This term is used as a translation of the Latin term servitus in the French and Scotch law (Dalloz; Paterson, Comp.), and by many common-law writers (3 Kent, Comm. 434; Washb. Easem.), and in the Civil Code of Louisiana. “Service” is used by Wood, Taylor, Harris, Cowper, and Gushing in his translation of Domat. Much of the common-law doctrine of easements is closely analogous to, and probably in part derived from, the civil-law doctrine of servitudes. In Modern Law. Real servitudes are known as “easements,” the term “servitude” being used only in the sense of the burden imposed by an easement.
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Notice
This definition of Servitude Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
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See Also
Capitalism; Exploitation; Feudal Mode of Production; Feudalism; Latifundia; Mode of Production; Prison Industry; Prison Psychology; Prisons; Selective Service; Slave Trade; Slave-Gun Cycle; Slavery;
Slavery Industry; Working Class
Further Reading (Books)
Curtin, Philip D. 1998. The Rise and Fall of the Plantation Complex: Essays in Atlantic History. 2nd ed. Cambridge, U.K.: Cambridge University Press.
Du Bois, W. E. B. 1999. Souls of Black Folk. New York: Norton & Co. (Orig. pub. 1903.)
Gaspar, David, and Darlene Hine. 1996. More Than Chattel: Black Women and Slavery in the Americas. Bloomington: Indiana University Press.
Hochschild, Adam. 1998. King Leopold’s Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa. Boston: Houghton Mifflin.
Klein, Herbert S. 1999. The Atlantic Slave Trade. Cambridge, U.K.: Cambridge University Press.
Kolchin, Peter. 1987. Unfree Labor: American Slavery and Russian Serfdom. Cambridge, MA: Belknap Press.
Patterson, Orlando. 1982. Slavery and Social Death: A Comparative Study. Cambridge, MA: Harvard University Press.
Solzhenitsyn, Aleksandr. 2002. The Gulag Archipelago, 1918-1956. Trans. Thomas P. Whitney and Harry Willetts, ed. Edward Ericson. New York: Harper Perennial.
Stewart R. King
Further Reading (Articles)
Unpublished Servitudes., Mondaq Business Briefing; March 14, 2012
Shop Fronts And Servitudes., Mondaq Business Briefing; September 18, 2008
Defining the Boundaries of Servitudes and Personal Rights, The Mercury (South Africa); December 4, 2013
Contract, Race, and Freedom of Labor in the Constitutional Law of “Involuntary Servitude”, The Yale Law Journal; May 1, 2010; Pope, James Gray
Servitudes, Encyclopaedia Judaica; January 1, 2007; Albeck, Shalom
Servitude rights, Daily News (New York, NY); April 8, 2011
Servitude rights., Daily News (Colombo, Sri Lanka); April 8, 2011
Love, Wages, Slavery: The Literature of Servitude in the United States.(Book review), Legacy: A Journal of American Women Writers; June 1, 2007; Davis, Rynetta
Friendship and voluntary servitude: Plato, Ficino, and Montaigne., Texas Studies in Literature and Language; December 22, 2005; Rigolot, Francois
Modern Servitude, The Kathmandu Post; January 15, 2013
Rep. Lantos Introduces Preservation of Records of Servitude, Emancipation, Post-Civil War Reconstruction Act, US Fed News Service, Including US State News; May 7, 2006
FORMER MONTGOMERY COUNTY, MARYLAND MAN PLEADS GUILTY TO HOLDING TEENAGE NIGERIAN GIRL IN INVOLUNTARY SERVITUDE, US Fed News Service, Including US State News; July 16, 2008
Indentured Servitude, U*X*L Encyclopedia of U.S. History; January 1, 2009
Badges of Servitude, Encyclopedia of the American Constitution; January 1, 2000
Four Irish Traveller Family Members Guilty of Servitude, The Irish Times; July 12, 2012; Hennessy, Mark
Love, Wages, Slavery: The Literature of Servitude in the United States, The Journal of Southern History; February 1, 2008; Cain, Mary Cathryn
INFORMATION ISSUED BY U.S. ATTORNEY’S OFFICE FOR MARYLAND ON JULY 16: FORMER MONTGOMERY COUNTY MAN PLEADS GUILTY TO HOLDING A TEENAGE GIRL IN INVOLUNTARY SERVITUDE, US Fed News Service, Including US State News; July 16, 2008
MARYLAND WOMAN SENTENCED FOR CONSPIRACY TO COMMIT INVOLUNTARY SERVITUDE, HARBORING ILLEGAL ALIEN FOR FINANCIAL GAIN, US Fed News Service, Including US State News; April 18, 2006
Two Lithuanian Nationals Charged with Forced Labor and Servitude to Compel Man to Commit Computer Fraud, States News Service; October 19, 2012
FORMER MONTGOMERY COUNTY, MARYLAND MAN SENTENCED FOR HOLDING NIGERIAN TEENAGE GIRL IN INVOLUNTARY SERVITUDE, US Fed News Service, Including US State News; October 7, 2008
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