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
If you wished to employ the comparative method it would first of all
be needful to study each nation in itself, to study it throughout its
history, and above all in its law. Should you wish to know if the
ancient Greek cities held their land in common, you must study Greek
law. For the Romans, you must go over the whole history of Rome; for
the Germans, you must take German law. M. Viollet and M. de Laveleye
make frequent references to ancient India; why do they not mention
that in all the ancient Hindoo law that has come down to us the rights
of private property are sanctioned, although, of course, the holding
of property in common by co-heirs is also recognised? Why has no one
quoted the old maxim: “The land belongs to the man who first clears
it, as the deer belongs to the man who first wounds it”? They prefer
to quote certain customs, whose importance they enormously exaggerate,
rather than present to us the rules which were constant and normal.
The comparative method does not consist in discovering amongst fifteen
different nations fifteen little facts, which, if interpreted in a
certain manner, unite in the construction of a system; it consists
in studying a number of nations in regard to their law, their ideas,
all the circumstances of their social life, and in discovering what
they have in common and wherein they differ. I greatly fear that this
comparative method, when it shall be seriously applied, will give very
different results than those that MM. Viollet and de Laveleye believe
they have obtained from the comparative method as they understand it.
[227] M. de Laveleye, _De la propriété collective du sol_, in the
_Revue de Belgique_, 1886, p. 50 of the reprint.
[228] _Ibidem_, p. 49.
[229] _Ibidem_, p. 65.
[230] Strabo, xv., 1., 66, edit. Didot, p. 610: παρ’ ἄλλοις δὲ κατὰ
συγγένειαν κοινῇ τοὺς καρποὺς ὲργασαμένονς, ἐπὰν συγκομίσωσιν, αἴρεσθαι
ἔκαστον εἰς διατροφὴν τοῦ ἔτους. If one reads the whole chapter, one
sees that Nearchus, who distinguishes between general and exceptional
institutions, νόμους, τούς μὲν κοινοὺς, τούς δὲ ἰδίους, includes this
among the exceptional.
[231] See the work of M. Eug. Robe, _Origines de la propriété
immobilière en Algérie_, 1883--a volume which is full of facts.
[232] Em. de Laveleye, _De la propriété_, p. 105.
[233] _Id._, _La propriété collective_, in the _Revue de Belgique_,
1886, pp. 2-24 of the reprint.
[234] Em. de Laveleye, _De la propriété_, p. 152.
[235] _Ibidem_, p. 161.
[236] Save in the exceptional case described by Diodorus in the Lipari
islands.
[237] This is shewn by Heraclides of Pontus in the _Fragmenta hist.
græc._, of Didot, vol. II., p. 211; and by Plutarch, _Life of Agis_,
5. To this can be added the other texts cited in my _Étude sur la
propriété à Sparte_, 1880. See also the work of M. Claudio Jannet.
Public-domain text, read in full here on John Shaqi.
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