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
1. The first author quoted is Plato, “who still saw here and there
the vestiges of primitive community,” and M. Viollet tells us that he
finds this in the Laws of Plato (Book III.). I turn to the passage
mentioned, and this is what I find: “In very early times men lived
in a pastoral state, supporting themselves by their herds of cattle
and by hunting. At that time they had no laws. As to government, they
knew no other than the δυναστεία, the authority, that is, of the
master over his family and slaves. Like the Cyclops of Homer, they had
neither public assemblies nor justice; they lived in caverns; and each
ruled over his wife and children without troubling himself about his
neighbours.” This is what Plato says, describing from imagination a
primitive savage state. It must be some strange illusion which makes
M. Viollet suppose that this passage describes men as cultivating the
land in common. Plato says that they did not cultivate it at all. Where
does he see that the land belonged to the people? Plato says that at
this time there did not even exist a people. Where does he see that
men were associated for purposes of cultivation? Plato says that each
family lived apart, “without troubling itself about its neighbours.”
M. Viollet then has taken this passage in precisely the opposite sense
to the right one. Go through all the writings of the philosopher and
you will find that he has nowhere said “that in his time he still saw
the ruins of a primitive community.” Plato has, it is true, endowed his
ideal city with a particular system of community in land; but he never
says that it was practised in any actually existing city. Our first
authority, then, is proved to have been misrepresented.
2. M. Viollet next refers to Virgil, who, in the Georgics (i. 125),
describes a time “when the soil was neither divided nor marked out by
boundaries, and when everything was common.” This at first sight seems
convincing. The poet’s verse is correctly quoted.[199] But observe
the context. The whole passage is an imaginary description of a time
when men did not cultivate the soil: _Ante Jovem nulli subigebant arva
coloni.... Ipsa tellus omnia liberius, nullo poscente, ferebat_. So
long as men did not cultivate the ground, there could be no question of
dividing it among them as private property. Virgil goes on to say that
afterwards man learnt to till the ground, _ut sulcis frumenti quæreret
herbam_; but he no longer says that everything was in common. It
appears, then, that if M. Viollet had given it a little more attention,
he would have dispensed with the use of this passage; for it describes
savage life and has no connection at all with community of land in the
agricultural state. What can the golden age, whether it existed or not,
prove concerning the social life of Greek cities?
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