The Monist, Vol. 2, 1891-1892 : $b A quarterly magazineVarious
Philosophy
The Monist, Vol. 2, 1891-1892 : $b A quarterly magazine
Various
Philosophy -- Periodicals
Not before the legal customs of all the peoples of the earth have been
collected will ethnological jurisprudence be in a position to furnish a
successful solution of the task it has set itself,—the task namely of a
causal analysis of all the phenomena of the jural life of the human race.
Yet to a certain extent this task may be undertaken at present, even with
a relatively limited store of material.
The starting-point for the ethno-juristic investigation of the phenomena
of jural life is furnished by the ethno-juristic parallels, legal customs
that are found uniformly appearing among the nations, without there being
any reason to assume that one nation has received them from another.
Legal customs of this character are in part so universally diffused
over the earth that they may be characterised as a common possession of
mankind; in part they appear sporadically among unrelated peoples; in
part they are restricted to more limited domains. The most important
legal customs are those that have universal dissemination; for here it
may be assumed that they are a necessary emanation of the social side
of human life. Legal customs that occur only sporadically, but appear
uniformly among unrelated peoples, must likewise be regarded as the
products of the universal nature of man, yet only as such that _can_
arise under definite conditions of existence. Legal customs that occur
only in limited ethnological domains will have to be referred to the
peculiar character of definite peoples and tribes. Legal institutions of
universal character are, for example, the forms of marriage by capture
and purchase of the bride, blood-vengeance, the right of refuge, the
systems of composition, ordeals, oaths, and so forth. Almost universal
are the levirate, and the betrothal of children. Sporadically among
unrelated peoples appear: the seizure of the corpse of the debtor for
debt; execution by fasting, whereby the creditor brings pressure to bear
upon his debtor by having him fast a definite period of time before his
dwelling; the custom of the chief doing combat with his grown up son,
to whom the command of the tribe passes if he conquers his father; and
so forth.[6] Frequently it is the most curious customs that thus recur,
among peoples that are completely separated from each other by oceans
and inaccessible mountain ranges and have unquestionably never been in
communication with each other.
Public-domain text, read in full here on John Shaqi.
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