The State: Its History and Development Viewed SociologicallyOppenheimer, Franz
History
The State: Its History and Development Viewed Sociologically
Oppenheimer, Franz
State, The
At first, this happens quite harmlessly, and without a trace of any
consciousness of the fact that extended possession of land will become
the means of a considerable increase of social power and of wealth.
Of this, there is at this time no question, since at this stage the
common freemen would have been powerful enough to prevent the formation
of extended landed estates had they known that it would eventually do
them harm. But no one could have foreseen this possibility. Lands, in
the condition in which we are observing them, have no value. For that
reason the object and the spoils of the contest were not the possession
of _lands_, but of _the land and its peasants, the latter being bound
to the soil_ (_glebæ adscripti_ of our later law) as labor substrat and
labor motors, from the conjunction of which there grows the object of
the political means, viz., ground rent.
Every one is at liberty to take as much of _the uncultivated land_
existing in masses as he needs and will or can cultivate. It is quite
as unlikely that any one would care to measure off for another parts
of an apparently limitless supply, as that any one would apportion the
supply of atmospheric air.
The princes of the noble clans, probably from the start, pursuant to
the usage of the tribe of herdsmen, receive more “lands and peasants”
than do the common freemen. That is their right as princes, because
of their position as patriarchs, war lords, and captains maintaining
their warlike suites of half-free persons, of servants, of clients, or
of refugees. This probably amounts to a considerable difference in the
primitive amounts of land ownership. But this is not all. The princes
need a larger surface of the “_land without peasants_” than do the
common freemen, because they bring with them their servants and slaves.
These have, however, no standing at law, and are incapable, according
to the universal concepts of folk law, of acquiring title to landed
property. Since, however, they must have land in order to live, their
master takes it for them, so as to settle them thereon. In consequence
of this, the richer the prince of the nomad tribe the more powerful the
territorial magnate becomes.
But this means that wealth, and with it social rank, is consolidated
more firmly and more durably than in the stage of herdsman
ownership. For the greatest herds may be lost, but landed property
is indestructible; and men bound to labor, bringing forth rentals,
reproduce their kind even after the most terrible slaughter, even
should they not be obtainable full grown in slave hunts.
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