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 impossible to deny that the comparative method is not only of use
but also absolutely indispensable in dealing with a subject of this
kind. In order to discover the origin of property in land among mankind
it is plain that every nation must be studied; at any rate every nation
that has left any trace behind it. Some part of this work of comparison
had already been attempted by Maurer; but he had limited himself to the
Slavonic and Scandinavian countries. A great and powerful writer, Sir
Henry Maine, has applied the comparative method to India. But the first
to attempt what I may call “universal comparison,” is, if I mistake
not, M. Emile de Laveleye, in his work, “On Property and its Primitive
Forms,” published in 1874. His theory is that the agricultural groups
of the whole world, from India to Scotland, for a long time cultivated
the soil in common, and that “the history of all lands reveals to us a
primitive condition of collectivity.” M. de Laveleye is an economist;
but it is by historical evidence that he endeavours to support his
thesis, and it is this evidence that I shall now proceed to test. His
reputation either as economist or moralist can receive no injury from a
purely historical discussion.
He passes in review one after the other (I am following the order of
his chapters) the Slavs of Russia, the island of Java, ancient India,
the German Mark, the Arabs of Algeria, the ancient Moors of Spain,
the Yoloffs of the coast of Guinea, the Afghans, the ancient Greeks,
the ancient Romans, England, the Southern Slavs, Switzerland and the
Netherlands. Here we have peoples of every race, every degree of
latitude, and every age; yet this list does not include all nations. To
mention only some of the ancient world, we do not find here the ancient
Egyptians, the ancient Jews, or the ancient Assyrians, peoples which,
nevertheless, are much better known than the Yoloffs, the Javanese, or
the ancient Germans. Why are they not here? Can it be because all the
documents concerning them, however far back we may go, bear witness to
the custom of private ownership, and do not show a trace of community
in land? It is certain that the history of Egypt shows the existence
of property from the remotest times. It is certain that contracts
for the sale of land have been discovered upon Babylonian bricks. It
is certain, also, that the sacred books of the Jews refer to property
and the sale of land as far back as the time of Abraham (Genesis
XXIII.). Was it for this reason that they were omitted in the universal
comparison of all nations? But as our author was seeking a general rule
for the whole human race, and says that he has found it, he ought not
to pass over a single people of whom we know anything. When one seeks
to construct a general system, the facts which contradict it must be
presented as well as those in its favour. This is the first rule of the
comparative method.
Public-domain text, read in full here on John Shaqi.
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