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
2. M. de Laveleye passes on to the island of Java, and describes the
condition of things there in a chapter full of interest; in some places
the soil is cultivated in common, it is in others annually divided. But
I cannot help noticing that throughout he is speaking of the present
time. He describes the condition of things as they are now. He makes
use of the regulations of the Dutch Government, of laws of 1853, of
parliamentary reports of 1869. The furthest date to which he goes back
is to certain regulations of 1806. And yet, since he is dealing with
the problem of the origin of property, what one wants to hear about is
the ancient state of things. I am aware that some people will at once
say “such a system must be old;” but a student who has any critical
instinct will rather say that the present existence of such a system
proves nothing at all in relation to earlier times. And, indeed, we
read in one of the reports on which M. de Laveleye relies, that “this
system began with the cultivation of indigo, sugar and coffee for the
benefit of the Dutch Government.”[227] The sort of communism we are now
considering would in this case be but a recent institution, a creation
of the European conquerors. It is true that others make it commence
earlier, with the cultivation of rice.[228] This is easily explained:
“Rice growing in water requires a system of irrigation, which would
be impossible without association; and this necessity gives rise to
the practice of common cultivation.” It has been ascertained how these
villages arose. “Several families agree to establish a system of
irrigation in common. As the water has been brought by the co-operation
of all, the result is that the land irrigated by it is cultivated
by all.”[229] But it is apparent that the soil does not belong to
the nation or the tribe; it belongs to a group, an association. An
association of proprietors is not communism; it is one of the forms of
property.
We must also observe that private property does exist in Java. In six
out of the twenty provinces of the island that alone is to be found,
and association is unknown; in eight the two methods are practised side
by side; in six association is only practised on the rice fields and
irrigated lands, and the rest of the land is held entirely as private
property. From these facts I cannot draw the conclusion that community
in land was a primitive and natural institution in the island of Java.
We meet with it only under modern circumstances, and even here we must
recognise that it is less a community than an association.
Public-domain text, read in full here on John Shaqi.
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