Mutual Aid: A Factor of EvolutionKropotkin, Petr Alekseevich, kniaz
Science
Mutual Aid: A Factor of Evolution
Kropotkin, Petr Alekseevich, kniaz
Cooperation; Social groups; Social institutions
In fact, one of the chief preoccupations of the barbarian village
community always was, as it still is with our barbarian contemporaries,
to put a speedy end to the feuds which arose from the then current
conception of justice. When a quarrel took place, the community at once
interfered, and after the folkmote had heard the case, it settled the
amount of composition (wergeld) to be paid to the wronged person, or to
his family, as well as the fred, or fine for breach of peace, which had
to be paid to the community. Interior quarrels were easily appeased in
this way. But when feuds broke out between two different tribes, or two
confederations of tribes, notwithstanding all measures taken to prevent
them,(5) the difficulty was to find an arbiter or sentence-finder whose
decision should be accepted by both parties alike, both for his
impartiality and for his knowledge of the oldest law. The difficulty was
the greater as the customary laws of different tribes and confederations
were at variance as to the compensation due in different cases. It
therefore became habitual to take the sentence-finder from among such
families, or such tribes, as were reputed for keeping the law of old in
its purity; of being versed in the songs, triads, sagas, etc., by means
of which law was perpetuated in memory; and to retain law in this way
became a sort of art, a "mystery," carefully transmitted in certain
families from generation to generation. Thus in Iceland, and in other
Scandinavian lands, at every A11thing, or national folkmote, a
lövsögmathr used to recite the whole law from memory for the
enlightening of the assembly; and in Ireland there was, as is known, a
special class of men reputed for the knowledge of the old traditions,
and therefore enjoying a great authority as judges.(6) Again, when we
are told by the Russian annals that some stems of North-West Russia,
moved by the growing disorder which resulted from "clans rising against
clans," appealed to Norman varingiar to be their judges and commanders
of warrior scholae; and when we see the knyazes, or dukes, elected for
the next two hundred years always from the same Norman family, we cannot
but recognize that the Slavonians trusted to the Normans for a better
knowledge of the law which would be equally recognized as good by
different Slavonian kins. In this case the possession of runes, used for
the transmission of old customs, was a decided advantage in favour of
the Normans; but in other cases there are faint indications that the
"eldest" branch of the stem, the supposed motherbranch, was appealed to
to supply the judges, and its decisions were relied upon as just;(7)
while at a later epoch we see a distinct tendency towards taking the
sentence-finders from the Christian clergy, which, at that time, kept
still to the fundamental, now forgotten, principle of Christianity, that
retaliation is no act of justice. At that time the Christian clergy
Public-domain text, read in full here on John Shaqi.
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