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
The prohibition against selling the land, _i.e._, against separating
it from the family in order to transfer it to another family or even
to bestow it on the State, appears to M. de Laveleye a proof that
the land belonged to the State (p. 166). It is merely a proof that
according to the ideas of the ancients it ought always to belong to the
same family. M. de Laveleye reproaches me with having, in the _Cité
Antique_, attributed this prohibition of sale “to the influence of
ancient religion.” The phrase gives an incorrect idea of my meaning.
What I showed was that family property was closely bound up with family
religion. Sale outside the family was not permitted because ancient
law and ancient belief connected the land with the family. The land
belonged to the family, not to the individual. It was the same, in my
opinion, amongst the ancient Germans and the Slavs; and hence it was
that amongst all these nations ancient law did not permit the sale of
land.
For the same reason bequest was prohibited among the Greeks, Italians,
Germans, and Slavs in the early period of their law. The land must
pass to the son or the nearest relations. For the same reason, again,
the daughter did not inherit; because by her marriage she would have
carried the land out of the family. All these facts, which it is now
impossible not to admit, are unmistakable signs of a condition in which
property belonged to the family. They are all directly contrary to a
condition of communism.
M. de Laveleye also lays great stress upon Sparta; only he omits to
mention that private property was established there from the first
beginning of the city, and that every κλῆρος remained attached to the
same family down to the revolution of Cleomenes, _i.e._, for eight
centuries.[237] To make up for that, he tells us of certain imaginary
brotherhoods, “which must have played an important part in the social
body;” a statement for which there is no authority. He adds that
Sparta “had a wide extent of common land;” for which also there is
no evidence: and that “this common land was used to provide for the
public meals;” which is directly opposed to the definite evidence we do
possess.
Public-domain text, read in full here on John Shaqi.
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