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lect03-第4部分

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as consisting。 Many palpable facts in the composition of the






community are constantly inconsistent with the actual descent of






the villagers from any one ancestor。 Accordingly; private






property in land has grown up; though its outlines are not always






clear; the periodical re…division of the domain has become a mere






tradition; or is only practised among the ruder portions of the






race; and the results of the theoretical kinship are pretty much






confined to the duty of submitting to common rules of cultivation






and pasturage; of abstaining from sale or alienation without the






consent of the co…villagers; and (according to some opinions) of






refraining from imposing a rack…rent upon members of the same






brotherhood。 Thus; the Indian Village…Community is a body of men






held together by the land which they occupy: the idea of common






blood and descent has all but died out。 A few steps more in the






same course of development  and these the English law is






actually hastening  will diffuse the familiar ideas of our own






country and time throughout India; the Village…Community will






disappear; and landed property;in the full English sense; will






come into existence。 Mr Freeman tells us that Uffington;






Gillingham; and Tooting were in all probability English






village…communities originally settled by the Uffingas;






Gillingas; and Totingas; three Teutonic joint…families。 But






assuredly all men who live in Tooting do not consider themselves






brothers; they barely acknowledge duties imposed on them by their






mutual vicinity; their only real tie is through their common






country。






    The 'natural communism' of the primitive cultivating groups






has sometimes been described of late years; and more particularly






by Russian writers; as an anticipation of the most advanced and






trenchant democratic theories。 No account of the matter could in






my judgment be more misleading。 If such terms as 'aristocratic'






and 'democratic' are to be used at all; I think it would be a






more plausible statement that the transformation and occasional






destruction of the village…communities were caused; over much of






the world; by the successful assault of a democracy on an






aristocracy。 The secret of the comparatively slight departure of






the Russian village…communities from what may be believed to have






been the primitive type; appears to me to lie in the ancient






Russian practice of colonisation; by which swarms were constantly






thrown off from the older villages to settle somewhere in the






enormous wastes; but the Indian communities; placed in a region






of which the population has from time immemorial been far denser






than in the North; bear many marks of past contests between the






ancient brotherhood of kinsmen and a class of dependants outside






it struggling for a share in the land; or for the right to use it






on easy terms。 I am aware that there is some grotesqueness at






first sight in a comparison of Indian villagers; in their






obscurity and ignorance; and often in their squalid misery; to






the citizens of Athens or Rome; yet no tradition concerning the






origin of the Latin and Hellenic states seems more trustworthy






than that which represents them as formed by the coalescence of






two or more village…communities; and indeed; even in their most






glorious forms; they appear to me throughout their early history






to belong essentially to that type。 It has often occurred to me






that Indian functionaries; in their vehement controversies about






the respective rights of the various classes which make up the






village…community; are unconsciously striving to adjust; by a






beneficent arbitration; the claims and counter…claims of the






Eupatrids and the Demos; of the Populus and the Plebs。 There is






even reason to think that one well…known result of long civil






contention in the great states of antiquity has shown itself






every now and then in the village…communities; and that all






classes have had to submit to that sort of authority which






assumed its most innocent shape in the office of the Roman






Dictator; its more odious in the usurpation of the Greek Tyrant。






The founders of a part of one modern European aristocracy; the






Danish; are known to have been originally peasants who fortified






their houses during deadly village struggles and then used their






advantage。






    Such commencements of nobility as that to which I have just






referred; appear; however; to have been exceptional in the






Western world; and other causes must be assigned for that great






transformation of the Village…Community which has been carried






out everywhere in England; a little less completely in Germany;






much less in Russia and in all Eastern Europe。 I have attempted






in another work ('Village…Communities in the East and West;' pp。






131 et seq。) to give an abridged account of all that is known or






has been conjectured on the subject of that 'Feudalisation of






Europe' which has had the effect of converting the Mark into the






Manor; the Village…Community into the Fief; and I shall presently






say much on the new light which the ancient laws of Ireland have






thrown on the early stages of the process。 At present I will only






observe that; when completed; its effect was to make the Land the






exclusive bond of union between men。 The Manor or Fief was a






social group wholly based upon the possession of land; and the






vast body of feudal rules which clustered round this central fact






are coloured by it throughout。 That the Land is the foundation of






the feudal system has; of course; been long and fully recognised;






but I doubt whether the place of the fact in history has been






sufficiently understood。 It marks a phase in a course of change






continued through long ages and in spheres much larger than that






of landed property。 At this point the notion of common kinship






has been entirely lost。 The link between Lord and Vassal produced






by Commendation is of quite a different kind from that produced






by Consanguinity。 When the relation which it created had lasted






some time; there would have been no deadlier insult to the lord






than to attribute to him a common origin with the great bulk of






his tenants。 Language still retains a tinge of the hatred and






contempt with which the higher members of the feudal groups






regarded the lower; and the words of abuse traceable to this






aversion are almost as strong as those traceable to differences






of religious belief。 There is; in fact; little to choose between






villain; churl; miscreant; and boor。






    The break…up of the feudal group; far advanced in most






European countries; and complete in France and England; has






brought us to the state of society in which we live。 To write its






course and causes would be to re…write most of modern history;






economical as well as political。 It is not; however; difficult to






see that without the ruin of the smaller social groups; and the






decay of the authority which; whether popularly or autocratically






governed; they possessed over the men composing them; we should






never have had several great conceptions which lie at the base of






our stock of thought。 Without this collapse; we should never have






had the conception of land as an exchangeable commodity;






differing only from others in the limitation of the supply; and






hence; without it; some famous chapters of the science of






Political economy would not have been written。 Without it; we






should not have had the great increase in modern times of the






authority of the State…one of many names for the more extensive






community held together by common country。 Consequently; we






should not have had those theories which are the foundation of






the most recent systems of jurisprudence  the theory of






Sovereignty; or (in other words) of a portion in each community






possessing unlimited coercive force over the rest  and the






theory of Law as exclusively the command of a sovereign One or






Number。 We should; again; not have had the fact which answers to






these theories  the ever…increasing activity of Legislatures;






and; in all probability; that famous test of the value of






legislation; which its author turned into a test of the soundness






of morals; would never have been devised  the greatest






happiness of the greatest number。






    In saying that the now abundant phenomena of primitive






ownership open to our observation strongly suggest that the






earliest cultivating groups were formed of kinsmen; that these






gradually became bodies of men held together by the land which






they cultivated; and that Property in Land (as we now understand






it) grew out of the dissolution of these latter assemblages; I






would not for a moment be understood to assert that this series






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