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
Are we to conclude from all that has gone before that nowhere and at no
time was land held in common? By no means. To commit ourselves to so
absolute a negative would be to go beyond the purpose of this work. The
only conclusion to which we are brought by this prolonged examination
of authorities is that community in land has not yet been historically
proved. Here are scholars who have maintained that they could prove
from original authorities that nations originally cultivated the soil
in common; but on examining these authorities we find that they are all
either incorrect, or misinterpreted, or beside the subject. M. Viollet
has not brought forward a single piece of evidence which proves that
the Greek cities ever practised agrarian communism. M. de Jubainville
has not brought forward one which proves communism in Gaul. Maurer
and Lamprecht have not produced one which shows that the mark was
common land. As to the comparative method, which has been somewhat
ostentatiously called into service, we are presented under its name
with a strangely assorted mass of isolated facts, gathered from every
quarter, and often not understood; every fact not in harmony with the
theory has been left on one side. In the prosecution of what professed
to be an inquiry into the domestic life of whole nations, the one thing
essential has been omitted, that is, their law. In short, an imposing
structure has been erected out of a series of misunderstandings.
National communism has been confused with the common ownership of the
family; tenure in common has been confused with ownership in common;
agrarian communism with village commons.
We do not maintain that it is inadmissible to believe in primitive
communism. What we do maintain is that the attempt to base this theory
on an historical foundation has been an unfortunate one; and we refuse
to accept its garb of false learning.
The theory itself will always be believed in by a certain class
of minds. Among the current ideas which take possession of the
imaginations of men is one they have learnt from Rousseau. It is that
property is contrary to nature and that communism is natural; and this
idea has power even over writers who yield to it without being aware
that they do so.
Minds which are under the influence of this idea will never allow that
property may be a primordial fact, contemporaneous with the earliest
cultivation of the soil, natural to man, produced by an instinctive
recognition of his interests, and closely bound up with the primitive
constitution of the family. They will always prefer to assume that
there must first have been a period of communism. This will be with
them an article of faith which nothing can shake; and they will always
be able to find authorities which can be made to support it. There
will, however, always be a few, endowed with a keener critical and
historical sense, who will continue to doubt what has yet to be proved.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account