The Origin of Property in Land: With an introductory chapter on the English manor by W. J. AshleyFustel de Coulanges
History
The Origin of Property in Land: With an introductory chapter on the English manor by W. J. Ashley
Fustel de Coulanges
Land tenure -- Law and legislation -- History; Manors -- Great Britain; Real property -- History
It is needful to come to an understanding as to what the “comparative
method” really is. I have observed that, during the last fifteen
years or so, there has been a strange misapprehension on this point.
Some writers maintain that to compare any facts, no matter what, is
to apply the comparative method. They search all over the world for
peculiar usages; they cite the legend of the golden age amongst the
ancients as if it were an historical fact; they seize upon a trifling
circumstance which occurred in the Lipari Isles as if it related to
the entire Greek world; they seize upon some custom, such as public
repasts or the festivals of the curia; thence they pass to the Russian
_mir_ and talk of it as if they knew all about it; then they describe a
township or an _allmend_; and, in short, whenever they find an instance
of anything that is done in common, at once they suppose that they have
discovered community in land. They pretend they have discovered the
most widespread institutions of the human race by the help of some few
instances that they have sought for far and wide, and that they do not
take the trouble to observe accurately. And, what is a more serious
matter, they omit and leave out of their consideration facts which are
constant, normal, well-authenticated, which are engraven in the laws
of all peoples, and which have made up their historical life. They
give us a few isolated facts and turn our thoughts away from permanent
institutions. This is not the comparative method.
Public-domain text, read in full here on John Shaqi.
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