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
6. M. de Laveleye’s theory would be incomplete and insecure if he did
not manage to bring in the Greeks and Romans. He does little more than
repeat the authorities used by M. de Viollet. Like him, he believes
that the legend of a golden age--of an age, that is, when man did not
till the soil (for this is the distinctive and essential point in all
these legends),--is a proof that nations held land in common at a
period when they did till the soil; he even adds that “he is _forced_
to arrive at the conclusion that the ancient poets depicted in the
golden age a state of civilisation (sic) of which the recollection
had been handed down to later times.”[234] Like M. Viollet, he quotes
the passages from Virgil, Tibullus and Trogus Pompeius without looking
to see whether these passages describe a condition of civilisation
or one of barbarism. He tells us what Porphyrus says about the 2000
disciples gathered together by Pythagoras in his phalanstery. He quotes
the sentence from Diodorus about the Lipari isles; without seeing that
it distinctly describes the institution of private property. Trusting
in M. Viollet, he borrows his pages on the _copis_ and the Spartan
συσσίτια; for, like him, he believes that these common meals, from
which Aristotle tells us that the poorer Spartans were excluded, were
“a communistic institution.”[235]
M. de Laveleye also believes that the division of land at the founding
of each city implies an earlier stage in which the city cultivated the
land in common. He does not notice that this division, taking place
at the very moment when the city is founded, is not the result of an
earlier state of communism. It is the earliest fact to which we can go
back. So soon as a band of emigrants have made themselves masters of
a territory, they parcel it out in lots with complete and hereditary
ownership. With very rare exceptions, a Greek city did not hold or
cultivate land in common for a single year.
These lots were called κλῆρος in Greek, _sortes_ in Latin, because
they were originally drawn by lot. M. de Laveleye, noticing these two
words, at once concludes that the drawing by lot took place every
year (p. 85). This is a mistake. Out of all the cases where you find
mention of a partition, you will not find one in which it was annual or
periodical. In every case the division referred to takes place once and
for all, in perpetuity.[236] Each portion is henceforward hereditary in
the family to which it has fallen by lot; and this is the reason why
κλῆρος had the meaning of inheritance and _sors_ signified patrimony.
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