Note 57 — Chapter I · DEFINITION AND DISTINCTION FROM KINDRED PHENOMENA.
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The serf, therefore, is not a slave, because he is not the property of his master, and the particulars of serfdom related by historians provide us with means of more clearly understanding the practical meaning of this notion “property”. It means a power that, however leniently exercised in many cases, is in principle unlimited. Among many peoples the master may ill-use and even kill his slave, without the law taking any notice of it. And even where his power is restricted by social regulations, he may have a right of property, viz. if his authority be in principle unbounded, and any limitation put upon it suppose a special legal provision. The slave-owner may do with his slave whatever he is not by special laws forbidden to do; the master of a serf may require from his man such services and tributes only, as the law allows him to require. The slave-owner has a right of property; the master of a serf has, so to speak, a ius in re aliena.57