New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-12


ING economist of Belgium the subject of property Is
considered exclusively in its historical relations
without reference to any abstract theory concerning
,ts ORIGIN or validity, and showing that ownership
has assumed various forms at Inherent epocls vi
society and consequently is susceptible OF ne" uc-
yeopments 9th the progress OF clvlhza'on' INC
,,,nose Of the author is to furnish an historical
sketch of the primitive forms of property, without
,edpcing any conclusions as to the original right
problem. in his opinion, which cannot be solved by
reasonings from history. Because all Institution
has existed even through a long succession Oh ases
il does not follow that it is just or that II IS worthy
of indefinite peTpetuation It's existence ho"e''i
for many centuries indicates that it was adapted TO
human requirements during the time Tor WHICH I"
was maintainsd The primitive idea of property
narrower ne practioed by ancient societies, under
the SWAY of a universal sentiment of natural JUS
tice appears to the author TO be III accordance WIN
the feeling of equality and charity which are the
cardinal principles of the Christian religion ana
with the reforms in civil laws which seemed 10 De
demanded by the development of the industrial or
ganization.
The history of property, says NJ. Laveleye. has
never been written Roman law and modern law
grew ND at a time when the primitive collective
forms of landed property had faded out OF the mem
orv of man. Hence it is difficult to- conceive OF
property except according to the provisions OF Tue
Institutes and the Civil Code. We thus ignore the
law of gradual development which prevails through
ont history 1t is only at comparatively recent
period and after series of successive eVOiuuons'
that individual ownership OF land became es'ao-
lshed in its present form.
The course OF civilized custom. in this regard IS
subjected by the author to a lucid and thorough
oualysis SO long as the primitive man lived by
The chase by fishing or by gathering the wild fruits
of the earth he considered nothing as his own Dut
what he had gained by his personal strength OF
skill Under the pastoral system, the notion OF
property III the soil begins to spring up III Is now
ever limited to that portion OF the lana Wihch
serves for grazing the Ocks and herds OF each toe
The idea of personal right in the soil directly OPP
posed to the conditions of pastoral HE. n portion
If the land was temporarily put under cultivation
and the agricultural system was established. Inc
territory of the tribe, however, remains
ms its undivided property. The arabic land,
the pasturage, and the forests are farmed
in common. Subsequently, the cultivated land
is distributed by lot among the several fanihes a
Temporary right of occupation is thus allowed to the
individual; bnt the soil still remains the collective
property of the clan to whom il returns from time
10 time for new partition. This was the system
of the German tribe in the time OF lactns. Inc
next step in NATURALIZATION was aoting the par
GELS to groups of patIiarcha families dwelling ID
the same house and working together Tor the com
mon benefit as in Italy and France III the Middle
Ages and IN Serva at the present time. Finally IL
Gividua hereditary property appears, bnt sui tea
down by numerous restrictions. The absolute per-
sona right which is defined by the Civil Code, ana
which alone is familiar to us at the present day, was
not fully established until after long process OF
evolution.
IS ii ix.afi &c
ton as property Is evolved from community. Cap-
fal contributes what was before derived from the
extent of the territory. At first the culivatioh1s
irregular The natural vegetation is burned on the
surface and grain is grown in the ashes After this
the soil rests for eighteen OF twenty years In TINS
way the Tartars cultivate buckwheat, and the IN
habitamts of the Ardcnnes rye. Later, on small
portion of the soil successfully put into cultlvd-
ton according TO the tTennial rotation while the
greater part remains common pasurage for the
herds of the village. This is the system of Russia
and of Ancient Germany Afterwards the cattle are
better herded manure Is collected the heidS are en-
closed roads are marked, and the land Is improved
by labor This is the modern agriculture the sys-
TEN of Italy and Flanders since the Middle Ages.
which came into practice only after the individual
ownership of the land was completely established.
The concurrent progress of property and OF agrcul
lure is placed in a clear light by the most recent
researches.
NJ Laveleye attaches supreme importance to the
employment of the historic method in the investi-
cation of the subject. The recent wonderful dis
coveries in comparative phiIology and mythology
have thus been made. The same method, 1t Is be-
lieved if applied to the origin of law would throw
new light Oh the primitive phases of the progress OF
civilization. 1t would he seen that laws are not
the arbitrary product of human wishes, but the re-
suit of certain economic necessities on the one
hand and of certain ideas of justice and moral obi
cation on the other These ideas and necessities have
acted in the same way in all societies, at a certain
period of their development, but all races have not
advanced al the same pace. While some had al
ready passed out of the primitive community at the
commencement of their historical existence.
Others sill continued to practise system which
dates from the very commencement of civiZa-
ton The Greeks and Romans recognized property
in the soil from the earliest periods OF their his
tory The Slavs the other hand, still retain the
collective system. As the comparative study OF
plants and animals which still found in certain
localities belonging to a former period of geological
development has been attended will eminent SER
vice. so, the author aflrms. will the inquiry into
primitive institutions which have been preserved
among any nations till our own time, throw great
light on a state of civilization which is elsewhere
lost IN the abyss OF Antiquity III pursuing INC HIS
torical study the author first describes the system
Of village communities, as they sill exist i'll Russia
and Java he then considers their prevalence in an
Gent Germany and III most of the known European
nations closing with account OF the family com
munites which were so widely spread in the Middle
Ages. and type Of winch can still be found among
the Southern Slavs % Austria and Turkey.
One of the most interesting chapters Of the volume
is devoted 10 an account of the Allmends, the
collective system which prevails in Switzerland,
tonic which is not generally understood, ana con-
corning which there but scanty sources of nfor
nation Ia the primitive cantOns Of that country,