The Dawn of History: An Introduction to Pre-Historic StudyKeary, C. F. (Charles Francis)
History
The Dawn of History: An Introduction to Pre-Historic Study
Keary, C. F. (Charles Francis)
Archaeology; History, Ancient; Mythology
With these changes in social life came new theories of rights and
obligations. A new lesson was learnt with regard to property. It is
difficult to discern whether, in the older, the patriarchal society, the
property was regarded as exclusively that of the chief, or as belonging
to the family collectively. The truth seems to be that the two ideas
were blended, and neither was conceived with any clearness or
completeness. In the village community for the first time the two forms
of property, personal and communal, became fully distinguished; each
kind, by defining and limiting, producing a clearer idea of the other.
The land, the bond of union, and the limit of the extent of the
community, remained the common property of all; in part, no doubt,
because the idea of possessing land was still so new that it had not
been thoroughly grasped. The produce of the land, whether corn or
pasture, was, on the other hand, rather regarded as a proper subject of
private possession. At first, perhaps, in obedience to the habits of an
earlier life, even this may have been looked upon as common property.
But it did not long continue so, as the separation of the households
remained too complete to permit of any community with regard to the
possessions of the individual homestead, or of the produce required for
the support of each household; and this enforced separation of household
goods soon extended to the live stock, and to the produce of the
harvest.[54]
[Sidenote: Law.]
The effects produced by their new relation to each other upon the
individual members of this group were very important. Hitherto such idea
of law as existed was confined to the mandates or traditional
regulations of the patriarchs. Law was at first inseparably connected
with religion. It was looked upon as a series of regulations handed down
by some ancestor who had received the regulations by Divine inspiration.
This notion of the origin of law is so general, that it is to be met
with in the traditions of almost every nation. Thus we find the
Egyptians reputing their laws to the teachings of Hermes (Thoth); while
the lawgivers of Greece, Minôs and Lycurgus, are inspired, the one by
Zeus the other by Apollo. So too the Iranian lawgiver Zoroaster is
taught by the Good Spirit; and Moses receives the commandments on Mount
Sinai. Now, though this idea of law is favourable to the procuring
obedience to it, it produces an injurious effect on the law itself, by
rendering it too fixed and unalterable. Law, in order to satisfy the
requirements and changes of life, should be elastic and capable of
adaptation; otherwise, regulations which in their institution were
beneficial will survive to be obnoxious under an altered condition of
society. But so long as laws are regarded as Divine commands they
necessarily retain a great degree of rigidity. The village community, in
disconnecting the source of law from the patriarchal power, tended to
destroy this association.
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