95.

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Reports of Civil Cases
determined in the
Bombay Sudder Dewanee Adawlut

compiled by A. F. Bellasis
Pub. by Government of Bombay

No. 1489

Hunnappa, Lohar, Plaintiff, Appellant
versus

Hunmunna, Sepoy, Defendant, Respondent

1840

29th September

Rupees 20-0-0

Dharwar

The action was filed by the Plaintiff, in the court of the Moonsiff of Roan, to recover from the Defendant his bulloottee hucks, for the year 1838, in the village of Hosour, within the Dharwar Zillah. The Plaintiff stated that, by the ancient custom of the country, he, as the hereditary village ironsmith of Hosour, was entitled to 11 phalies of jowaree and 1¼ ruts of kurbee from the Defendant. Plaintiff therefore laid his claim at ten times the value of these articles, and filed this suit to receiver the same and to establish his right to the said hucks.

The Defendant though summoned did not attend to reply.

The Moonsiff of Roan (Gondoo Temajee) held that the Plaintiff, as the hereditary ironsmith of his village, for which he paid a tax (Mohturfa tax, since abolished by Act XIX of 1844) to government, was entitled, by the custom of the country, to receive from the Defendant, a fellow villager, his bulloottee hucks, whether the Defendant employed Plaintiff as an ironsmith or not. The Moonsiff therefore gave judgment in the Plaintiff's favor.

On appeal the Zillah Judge (J. A. Shaw) was of opinion, that it did not appear the Plaintiff was obliged to work for the Ryots, and therefore he considered it rested with the Ryots whether they employed the Plaintiff as an ironsmith, and paid him his hucks or not; for these

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reasons the Judge reversed the Decree of the Moonsiff.
Costs on the Plaintiff.

The Plaintiff then prayed the admission of a special
appeal in the Sudder Dewanee Adawlut, which was allowed,
on the grounds that the decision passed by the Judge ap-
peared contrary to the custom of the country and subvert-
ed the Bulloottee system. (rights to a share on crops) (8)

The Sitting Judge (G. Giberne) held that the Zillah
Judge had taken an erroneous view of the subject, and that
his decision had tended to upset a custom universally ac-
knowledged, and endangered the constitution and founda-
tion of all village communities established from time im-
memorial. The Sitting Judge was satisfied with the evi-
dence taken before the Moonsiff, and considered the
Bullootteedars were entitled to their hucks from every vil-
lager, according to the rules of the village communities;
and that if the villagers declined to employ their ser-
vices, to which they were entitled, they must still pay
the Bulloottee hucks. Under this view, the Sitting Judge
referred the case to a full court for final judgment.

The full court (present S. Marriott, G. Giberne,
and D. Greenhill) concurred in the opinion of the Sitting
Judge, and therefore reversed the Decree of the Zillah
Judge, and affirmed that of the Moonsiff. Costs on De-
fendant. Pages 8, 9.

W. H. Wiser

Jajmani

97.

Political Pluralism

(A Study in Contemporary Political Theory)

by
Kung Chuan Hsiao

Pub. by Harcourt, Brace & Co. Inc.
1927.

"M. Duguit's legal theory demands our first atten-
tion. Starting from the principle (or 'fact' as he him-
self prefers to say) of 'social solidarity' that society
is a system of relations springing out of the nature and
needs of human life, he proceeds to show that these rela-
tions spontaneously create a body of rules which, when
observed, secure for the community a maximum of welfare.
Law (droit), therefore, is not force. It is binding upon
all, not because it is decreed by the sovereign will of
a ruler (for it is not), but because it is necessary for
the attainment of social solidarity, and because it flows
from the psychological fact of solidarity in the mind of
the modern social-individual. The rule of a community,
consequently, is not a rule of force, but a rule of law;
It does not command, but humbly serves. Sovereignty, in
short, there is none; the state does not possess it,
for the state exercises its power not absolutely, but
in coordination with other social institutions. Such,
then, is M. Duguit's pluralistic jurisprudence stated in
general terms." Pages 13, 14.

"The pluralists seek to extend the freedom of the
individual, both politically and economically, by recom-
mending a positive constitutional idea based upon a new
conception of human nature. On the one hand, they reject
the abstract view which fixes an immeasurable gulf between
the individual and society - the idea that the individual
is an atom-like entity, undifferentiated and self-con-
tained. On the other hand, they point out that while
the individual is continuous with society, individual
freedom is not coextensive with political freedom. The
individual is far more complex than a mere 'political man'.
He has more than one allegiance, more than one interest,
more than one will; to merge his whole personality into
citizenship is, to say the least, to render the express-
ion of his freedom incomplete. The traditional type of
constitution, therefore, in so far as it gives a narrowly
political interpretation of the nature of the individual,
is absolutely inadequate as a defence of freedom.

W.H.Wiser

dusart

X the state, as political force, is a legal instrument, as the
medieval theorists would say, which exists in and for law.

Jajmani

98.

"Starting from these two premises the pluralists attempt to offer a solution both of the dilemma of paternalism versus individualism and of the problem of group antagonism, the latter being particularly imminent at the present. The constructive suggestions made by Mr. and Mrs. Webb in their Constitution for the Socialist Commonwealth deserve careful consideration. The main lines of human interests which seem to be more or less permanent and which are susceptible to organization are grouped into two classes, the political and the social: the former comprehends all the affairs of the state, matters which concern the individual as citizen, while the latter includes such interests as economic production and consumption, religion, art, etc. Each of these two main interests would constitute a commonwealth, represented by a separate 'parliament'. Here, then, is a concrete picture of the pluralistic state: a division and balance of power between two 'democracies', a constitutional decentralization between two 'parliaments'; or, more exactly, 'functional federalism'." Pages 47-49.

"According to Mr. and Mrs. Webb, the future democratic assembly must comprise not one but two parliaments: a 'Social Parliament', which represents individuals as members in a 'Social Democracy', and a 'Political Parliament', which represents them in the capacity of citizens in a 'Political Democracy'. Such a division is both natural and necessary because, they think, in a national community individuals differentiate themselves into at least four distinct interest-groups: men as producers, men as users of commodities and services, men as political beings, and men as interested in the ethical life of the nation. These four interests are organized into a duality of functions, the economic (or social) and the political. This twofold representative body, then, is to take the place of the existing unitary House of Commons; and, with an electorate similarly divided, it is likely that a maximum of individual freedom will be realized.

"Mr. Laski agrees with the authors of the Constitution for the Socialist Commonwealth in the establishment of two coordinate legislative and representative bodies in the national community. He believes that the state has been for a long while mainly, if not exclusively, the representative of the consumers' interests; and that, historically, political power has always been in the hands of those who at one time wielded economic power. With the

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growth of a large producer-class, however, it becomes nec-
essary as well as just that the producers' interests
should also have a part in social government, not indirect-
ly, but through a representative body of its own. The
balance of power between the consumers' and producers' par-
liament, therefore, constitutes Mr. Laski's idea of a
pluralistic assembly." Pages 69-71.

"The Hegelian civic community, consequently, is a highly organized tissue, within which exists a clear differentiation between a property-owner class (consumers, the pluralists would say) and an industrial class (producers). Society, therefore, 'is not a number of atoms gathering together merely for a particular and momentary act without any further bond of union, but a body systematically composed of constituted societies, communities, and corporations." Page 78.

"Here, then, we find a curious coincidence of Hegel's views with those of the so-called pluralists. In fact, Hegel seems to agree almost entirely with the pluralists in the question of functional representation: he recognizes the diversity of human interests, the multiplicity of social organization, the impossibility of representing the concrete individual in an abstract general will, and lastly, the need of intimate and expert knowledge on the part of the deputies. But from this point on Hegel differs from the pluralists radically. He is not carried into pluralism by his concrete thought, but pushes his conclusions in the opposite direction. Functional representation is to him not the essence of the ethical state, but merely a necessary element, so to speak, in a profound monism. For we must not forget that the civic community, in which the manifold/corporate interests exist, is, after all, not the whole of society, but a part of the Hegelian state. The state, on the other hand, is no mere consumers' association, nor even a mere political function. It is the ethical unity which binds all sides of social organization into an actual system of freedom." Pages 81-82.

"The fundamental principles of guild socialism may be summarily stated in a few words: first, organization by function; secondly, self-government of independent functions; and thirdly, decentralization within each functional unit. Let us see how a pluralistic society is to be constructed with these three principles.

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"The idea of organization by function, as advocated by the guild socialists, resembles, in a way, Plato's idea of division of labour which we find in the Republic and elsewhere in his writings. The first city, so Plato says, is comprised of a husbandman, a builder, a weaver, and a shoemaker. Later on this individual division of labour is enlarged into class division, when the self-sufficiency of the republic is maintained through the cooperative work of the three functions of political rule, military defence, and economic production. The present guild socialists would, of course, disagree with Plato that the ruling class should be superior to the other classes, and that it is the duty of the artisans to produce but not to rule. Yet if we go to the fundamental idea of occupational organization, of the division of society into its political and economic groups, as the guild socialists recommend, it is undeniable that here the Platonic republic is indirectly seeking its modern expression. 'The primary advantage of a system of organization by guilds', Mr. Taylor writes, ' will be that the arrangement of national life will be on the basis of essential work. The nation will become a machine organized for doing the nation's work.... Every normal unit of the State would be organized as a citizen in regard to his main responsibility and knowledge. He would be primarily considered as an expert; and his chief civil duty would be to do what he really could do.' The ideal guild state, therefore, would be the state in which the Platonic principle of Justice universally prevails: the harmonious coordination of all the essential functions of society.

"The great point of difference between the guild socialists and Plato evidently lies in the principle of functional government, which, if applied to the Platonic republic, would mean that while the "non-citizens" therein possess no rights in the political state, they must acquire, as members of a separate and independent class, rights and powers of their own. The guild system, therefore, enfranchises a new citizenry and creates a new democracy, the economic democracy of 'artisans'. The second principle of guild socialism thus gives an effective meaning to the first, and supplies, together with it, the constructive basis of 'political pluralism'. Politics and economics, so it is reasoned, being essentially independent, should be separated in their organization, as politics and religion have already been separated. Society is to be divided into two distinct systems,

W. H. Wiser

1 Taylor "The Guild State." p 50
see also Cole, "Labour in the Commonwealth"
Hobson "National Guilds"

101.

Ja jmani

the state and the guild, each with is own government,
citizentry, electoral system, and legislative body. The
coordination of these two self-governing functions com-
pletes the essentials of the 'pluralistic state'.

"The third principle of guild socialism, namely, the
principle of decentralization, though practically impor-
tant, is theoretically less fundamental than the preced-
ing two. Agreeing generally with the syndicalists and
the regionalists, the guild socialists point out that
over-centralization of power at any one point indicates
not only inefficiency but despotism. Society is, there-
fore, to be decentralized as well as functionalized; and
it is for this reason that guild socialism may be said
to be a two-dimensional federalism: it divides society
horizontally into functional autonomies, and vertically,
within each function, into decentralized local or pro-
fessional units." Pages 116-118.

"The real difficulty in M. Duguit's deterministic theory, we think, lies in its simplicity and barrenness. He fails to see that although solidarity is an essential requisite in social organization, it does not exhaust the entire meaning of social organization, which, on account of its variable content, cannot be placed upon the same level with the symbiotical phenomena of certain plant organisms. Human society is a far more complex matter than these. At certain stages of men's social life, it is true, solidarity seems to be the sole consideration; the beginning of any community, as Aristotle long ago said, is marked by the need for mutual help and assistance, without which men would perish in a struggle with the unfriendly forces of nature. This fact of solidarity, indeed, is observable even in societies of quite advanced character when they are confronted with imminent crises or external dangers. At other times, however, solidarity seems to be of comparatively less importance. For as men are endowed with the 'sense of good and evil', the ethical and ideal elements in their thinking constantly tend to free them from the seemingly unalterable determinism of social laws. History affords a wealth of instances of men who, influenced by abstract ethical principles, have been willing to sacrifice life, comfort, and even the existing social peace itself in order to attain something which they regarded more desirable than a mere system of perfectly adjusted cooperative living. The principle of solidarity, therefore, seems to be a wholly inadequate principle of social organization: if it simply asserts

W. H. Wiser

Jajmani

102.

the elementary interdependence of men in their basic needs, it is almost a truism, which writers from Aristotle down unanimously admit; if it is intended to serve as an ultimate criterion of all social life, it leaves our higher and more important social experiences out of account." Pages 226-227.

"Here we may conveniently call attention to the superficial contrast which the pluralists make between the state as a 'compulsory association' and the group as a 'voluntary association'. For truly speaking, the political state is just as 'voluntary' as any non-political group is; and, conversely, all groups are compulsory, if we think of them in more general terms. Thus, a voter in the City of Ithaca may not only freely change his residence and become a voter in Los Angeles, but even relinquish his citizenship in the United States and emigrate to any other country he chooses. The state is compulsory only in the sense that one must be a member of some state, and that, being a citizen of a state, he cannot freely leave that state without fulfilling his duties to it up to the time he resigns his citizenship. A criminal, e.g. cannot freely cross the boundaries of his country. On the other hand, the voluntariness of non-political organizations, particularly economic organizations, holds good only when these organizations remain local in their scope. As soon as they extend their sphere into nationwide unions, or perhaps international unions, it is evident that no person belonging to any of these can freely resign his membership, as the pluralists think. The matter is especially clear if we conceive an economic system in which all the functions of production are integrated into one gigantic group. In this case, the economic group would be as compulsory as the political state, if not more so." Note Page 233.

"Laski, *Grammar of Politics*, p. 33. There is a good deal of confusion here. For, if we regard the subjective feeling of non-restraint as the ultimate criterion of freedom, it is very difficult to see on what justifiable ground can I convince myself that 'I ought to obey' the law of school attendance, if I disapprove of that law. From the standpoint of the community, I must be compelled to obey it, since that law presumably represents the general desire of the majority or the dominant element. But from my view-point, I should not obey it, no matter how overwhelming the public opinion which stands behind it may be; because, on Mr. Laski's own showing, whatever comes

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103.

Jajmani

from external force, is opposed to my freedom. The argu-
ment that maintenance of social order requires my obed-
ience would not convince me, because my conscience may
definitely tell me that social order itself is not nec-
essarily a good, and that the particular social order
which imposes force upon me is not worth preserving.
Furthermore, we cannot make any distinction between a law
that infringes upon my trivial freedom and a law that in-
fringes upon my essential freedom. For, accepting Mr.
Laski's subjectivist position, we should regard the
bootlegger who defies the prohibition law as just a noble
champion of freedom (in so far as he feels that law to
be wrong) as Luther, who defied the Church at Worms.
Thus, the only individual who is really free is one who
disobeys the law every time he finds his will at variance
with it." Note Pages 240-241.

"An individualistic theory of politics, in the real sense, is a contradiction in terms."

"And, fortunately, in the case of pluralism the mer-
its seem to turn the scale in its favour. Its emphasis
upon individual freedom; its introduction of the group
into political thought, thus pointing the way to a more
concrete method of social organization than that hither-
to generally employed; its insistence upon a truly compre-
hensive view of the political process, which is to in-
clude not only government and law, but all social rela-
tions between men as many-sided moral beings; and, fin-
ally, its wholesome reaction against the paternalism and
absolutism of the political state, as well as its warning
against the sovereignty of any partial institution - all
these possess a significance which no impartial student
can fail to notice." Pages 248-249.

"It must not be thought, however, that the real solu-
tion of the problem of industrial freedom lies in the doc-
trine of the separation of powers, which has quite satis-
factorily solved the problem of religious freedom. The
simple reason is that, owing to the peculiar nature of
these functions, we cannot separate economics from poli-
tics, as we can separate religion from politics - a truth
which we have tried to show in our previous discussions.
Nor, on the other hand, can we rely too much on the effi-
cacy of industrial self-government as such, which is mere-
ly the doctrine of the separation of powers in disguise.
The only way to industrial freedom is not to put as much
independent power into the hands of the economic class
as we wish, but to give it a proper share of social

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responsibility, that is, of the government of the com-
munity in general - not to make the economic group vir-
tually autonomous, but to make it positively cooperative.
We must, in other words, enfranchise the entire economic
class. For, by allowing it to participate in the gen-
eral government of the community, the economic class is
brought into immediate contact with the general aim of
the community; this is the only method by which the eco-
nomic class can be trained to see clearly the connection
of their own good with that of other classes and of the
community. Furthermore, being thus placed in a socially
responsible position, the economic class can no longer
maintain its traditional attitude of irresponsibility,
of setting itself against other classes and society. The
strike will no longer be the necessary or even an ef-
fective weapon with which to defend industrial claims.
The economic organization cannot strike against the gov-
ernment, because it is itself a part of the government;
the producer-class will not strike against the employer-
class, because with the acquisition of a proper share of
political rights the producers acquire a much more ef-
fective and less hazardous method of dealing with the em-
ployers than the strike. In fact, it is not extravagant
to hope that the harmonious attachment of the economic
function to the political system will eventually educate
the members of all partial groups to responsible citizen-
ship, and that the enlightenment of the consciousness of
one class by the consciousness of the general community
will result in a truly democratic system of social organ-
ization. Industrial freedom, in short, is possible only
through social freedom.

"One 'monistic' writer, at least, seems to have anticipated our present idea of the solution of the problem of the economic political struggle. This is Hegel, who severely criticizes the unwisdom of French centralization, who points out the fallacy of universal suffrage as the final solution of the problem of democracy, and who advocates the representation of the corporations in the national assembly as a method of coordinating the various natural forces of the community. Not, indeed, that Hegel was willing to grant the arguments of the economic classes in full; nor does his suggestion represent a complete solution of our problem. Yet, had not the immediate followers of his school split into two extreme wings, the one championing abstract political monism, the other abstract economic monism, and had not the general meaning of his political system been so commonly misconstrued, it is probable that something like the present pluralism

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105.

might have been worked out by developing the Hegelian conception of a civic community as distinct from the state as government - both together constitute the ethical community - long before Mr. Laski and Mr. Cole announced their 'Copernican revolution' in political theory." Pages 254-256.

"In Sweden, a class representative system consisting of four orders - clergy, nobility, burghers, and peasants - each with its own separate house, existed until 1866, when the ordinary bicameral system took its place." Page 262.

106.

Jajmani

The Economic and Social History of an
English Village

by
Norman Scott Brien Gras

to Ethel Selbert Gras

Published by Harvard University Press

1930

"The omission of a true balance sheet prevented the bishop from knowing whether he was actually gaining or losing. Of course, it is highly significant that the bishop was not concerned with going ahead. He was chiefly interested, with a few exceptions, in getting as much this year as he had in past years. The point of view was static and customary, not dynamic and progressive." Page 17.

"The blacksmith was a tenant of North Crawley, holding his cottage, lands, shop, and tools from the lord. The tools were separately listed when the demesne was leased, and in 1449 valued at L46. At this same time he had an apprentice who was enrolled for a term of twelve years. In the sixteenth century his estate consisted of a shop, a messuage and ferling of land and a cottage and ferling, all in North Crawley.

"The following passage describes the work and status of the blacksmith about 1280. 'Robert the Smith holds one cottage and ten acres of land for doing the iron-work each year on four plows. And the lord will find the iron and steel for these when it shall be necessary. And he shall have for the aforesaid work one acre of the better winter barley without the manure (?compostum) or, an acre of lenten barley if no winter barley should be sown. Again, he shall have one horse free in the lord's pasture, one cheese and one lamb at his choice. He cannot marry his son or daughter nor sell his ox or his horse any more than the aforesaid David can. He shall give pannage for his hogs and for his other beasts as the aforesaid David does. Again, he shall give a heriot as David does. And he shall do three days of boon-work in autumn along with one man. And he shall receive (food therefor) as Robert At Mere does. He shall find a man for washing (the lord's sheep) and he shall wash and shear as long as there are sheep to be washed and sheared. Again, he shall mow, spread, and gather the hay as David does. He shall give churchscot as David does. He shall fetch the lord's hay with a man and a horse, if he shall have a horse, once (a year) wherever it shall be bought. Moreover if the coulter is broken in a place called

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Jajmani

the Schonke or the plowshare in a place called the Pate, he shall repair them at the cost of the lord bishop and not at his own cost. Again, he shall shoe two cart horses with the lord's horseshoes throughout the whole year and all the plowhorses once a year. . . . Roger the Smith shall (sic) receive from the lord a plot for making a messuage between Robert At Mere and John At Putte in the time of William Wintersull, the seneschal of the lord bishop, and he shall give 2d. to the lord at Michaelmas each year. A-gain, he shall find one man for shearing the (lord's) sheep for a day, and he shall do a day's boonwork in autumn. A-gain, the same Roger the Smith holds ten acres of land and shall give at Michaelmas a rent of 2s. 6d. for all secular service.'

"There are two expressions in the accounts the meaning of which is not clear: ministri curie and famuli curie (or famuli domus), or court agents and court servants working on the home farm. Whether these were synonymous or not, and just which officials were included, is apparently never indicated in the records. We know that the famuli received grants of grain, particularly barley, and, on one occasion, included the hayward, carter, two plowmen, the shepherd's boy, and dairymaid. To the ministri were given herring, or other food, such as bread, beer, and cheese, for their autumn work. On at least one occasion there were said to be 149 customary tenants and eight ministri, the former working one day, the latter three days in autumn. Since here could hardly be eight ministri apart from the famuli, we are inclined to conclude that one group included at least some of the other and were possibly identical. Perhaps the minstri were the famuli giving boon services and the famuli were the ministri doing the regular routine of work connected with their offices.

"The hayward was an important official, apparently having charge of the crops in the fields, and receiving, at least at times, a yearly wage. As we have seen, the hayward was one of the famuli, and one of the most important, standing very near to the reeve. There are, however, very few details about him in the records examined.

"There were generally three or four plowmen, but sometimes more. Six of them were acquitted of their fixed rent in one year and two additional ones were hired. The shepherds were as important as the plowmen. We find one for the wethers, a second one for the ewes, and a third called the keeper of hogasters. Three shpherds were acquitted of their fixed rent. There was a cowherd, but, since cows were

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108.

unimportant on the Crawley demesne and probably on the ten-
ant's lands, his office was of little importance. The
swineherd was much more necessary than the cowherd, but not
so important as the shepherds.

"Other lesser officials were the dairymaid, the keeper of the cheese, the beer keeper, the cellarer, and the keeper of the grain in the fields.

"The medieval officialdom of Crawley is, of course,
not completely recorded without at least the mention of the
rector or his curate, and in more modern times the church
wardens. At the present time there are also the estate
manager, the gamekeeper, and the agricultural expert with
his two grain bailiffs and his shepherds. These are the
modern ministri curie. Of course, there are the parish
clerk, the postmaster, and the schoolmistress. The con-
stable is also there to impress his fellow villagers!

"All in all, Crawley has been much served. There
have been enough officials to get things done and to main-
tain the West-Saxon predisposition to believe that some
were greater than others." Pages 25 - 27.

"Labor and Wages. In Crawley, as on most manors, there
were three kinds of labor. First, there was customary
work (opera customaria), given by the tenant as rent for
land. This was a precious commodity which the lord valued
highly and the tenant gave reluctantly. It was at length
commuted to a money payment. The rate at which the commu-
tation took place cannot be exactly stated, only estimated,
in the form of the value of a day's work. In 1448-49 a far-
thing-holder in North Crawley paid 4s. to have his services
commuted. For this amount, he was freed from 5 days of
washing and shearing the sheep, 6 days of autumn boonwork,
50 days of autumn week-work, and 82 days of winter week-work
or in all 143 days of work. This amounts to 1 1/3 farth-
ings for a day's work. Of course, this was a very low val-
uation, arising out of the desperation of the lord's situa-
tion. Miss Levett puts the commutation value of a day's
labor in the late fourteenth century at from ⅞ to 1d., with-
out food; the market value of a day's labor at 2 or 3d.

"When the customary work had been commuted to a money
payment, more reliance for predial labor was put upon task
work (ad tascham). This had been used before, but in the
late fourteenth and early fifteenth centuries became of in-
creasing importance. Hoeing, reaping, threshing, and other

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109.

tasks were performed at so much per unit of work. For instance, the threshing of eight bushels of wheat was done for 2d. This was done by hand and during the winter when probably there was little or nothing else to do.

"Along with the task work, went time work with its rewards of wages (stipendium, vadium). Even before the commutation of customary work, this had been an important form of labor. Afterwards it became the dominant form. When tenants agreed to perform special offices, for instance of hayward and cowherd, they were given a money reward. The following table shows the amounts and changes, reckoned exactly as to amount, approximately as to dates.

"The changes that took place occurred at times of great significance. One turning point in the manorial economy of Crawley was in the period 1300-15, another about 1384-1411. These two brief periods deserve minute and careful examination, such as they cannot be given here. Economic and social forces were at work far beneath the surface of the manorial accounts which record results, not factors. The second of these periods is, of course, the time when tenants, aided by the Black Death, were rebelling against service rents. Their most dramatic protest was the Revolt of 1381. But the period 1300-15, doubtless the culmination

YEARLY WAGE (in s. and d.)

<table><thead><tr><th>Period</th><th>Carter</th><th>Plowman</th><th>Hayward</th><th>Cowherd</th><th>Driver</th><th>Grain Bailiff</th><th>Dairy-maid</th><th>General level</th></tr></thead><tbody><tr><td>1208-1305</td><td>30</td><td>30</td><td>30</td><td>30</td><td></td><td>30</td><td>20</td><td>100<sup>2</sup></td></tr><tr><td>1306-1410</td><td>40</td><td>40</td><td>68</td><td>40</td><td>40</td><td>68</td><td>20</td><td>150</td></tr><tr><td>1411-1453</td><td>60</td><td></td><td>68</td><td></td><td>50</td><td></td><td>26</td><td>181<sup>3</sup></td></tr></tbody></table>

1. This is an uncertain translation of messor.

2. This is taken as the base.

3. The mean of the results when reckoned from the first and second periods.

of forces at work somewhat earlier, is not so easily explained. Efforts at improvement had been going on and were now in this period renewed and accentuated. Accounting had

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110.

already been elaborated; now agricultural technique was im-
proved and labor paid a higher wage. The explanation may
be that the manorial lord and his officials were trying to
meet the first impact of the town on the country. It may
have been that they were trying to increase their produc-
tion for a town market and at the same time endeavoring
to keep their tenants at home working hard, or harder than
before. It may be that this was the hour of trial: when
the village - the manorial village - sought to adjust it-
self to the rivalry of the town. Had the manor, with its
servile labor system and its capacity for technical ad-
vance, been successful in its competition with the town in
the period 1250-1350, we may feel sure the events of 1350-
1450 would never have happened.

"Apart from agricultural labor, there was the work of artisans. The chief artisan was the blacksmith who, as we have seen, was also a tenant on the manor. Besides, there were carpenters, thatchers, slaters, and tilers who repaired the buildings of the home farm, possibly also those of the tenants but to a much smaller extent. Occasionally we get specific information about the wages of such house builders and repairers. In 1355-56 a master roofer (coopertor conductor) put slates on the granary for a week at a wage of 2s. His helper received 16d. for the same period. Next year a thatcher (coopertor) and his helper received 8s. 4d. for twenty days' work on the grange and cow-stable. In the first case the slater and his assistant received 6 2/3 d. a day; in the second the thatcher and his helper 5d. a day. Not a little miscellaneous information of this kind could be culled from the Crawley records, a great deal from the pipe rolls of the whole bishopric. We wonder just where these house builders came from - the town or the country - and we would like to learn about their ways of contracting, travelling, and providing materials for work.

"The big gap in the wage records comes in the period after 1450. During this time lessees of the home farm and yeoman farmers were dominant. They kept few records and these have apparently all disappeared.

"At present, wages in Crawley appear, on the surface at least, to be relatively good. The poorest agricultural laborers receive the minimum wage of the district, which is about 30s. a week. The week is 51 hours, Saturday afternoon being a half holiday. The laborers get pay for overtime. At certain seasons a bonus is paid. The workers get their cottages at a reasonable rate, as also the milk they use -

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both from the owner of Crawley Court. And a bonus of 50 per cent is reported to be given to them for the purchase of clothing - the aim being to induce them to wear better clothes. Formerly laborers on the Crawley estate were paid two thirds of their wages when ill. But since the incoming of a minimum wage (1924), this has been discontinued. In 1924 there was an old-time worker, a carpenter, one who had helped build Crawley Court in 1877, and who in old age was living in a cottage free of rent and, apparently, of all other cares, except those of bodily infirmity." Pages 66 - 69.

"What has usually not been appreciated is that the demesne farmer received with his lease not only the land, buildings, implements, and livestock, but also uncommuted services. In the year 1448-49 the general farmer, or farmer of the home farm, received 859 works, or days of service, along with the plowing of 10 acres and the harrowing of 69 acres. In the account for 1513-14, it is stated that the customary works, not commuted, belonged to the farmer with his farm, except the carriage of wood. And in 1562 occurred an interesting case of a revival or adaptation of predial services. One of the lord's bondmen, possessing a virgate of bondland in South Crawley and also a farthing of bondland, a farthing of gavel-land, and a pightle of purpresture land in North Crawley, drowned himself in a cask of water. His holdings accordingly escheated to the lord. The recipient of these escheated lands was permitted to farm out to the widow of the deceased a messuage and six acres of land on condition that she wash the lord's sheep (leased to the general farmer) for two days (each year) and shear them for three days (a year), no other service being required.

"In the account for 1503-04 we find that the custom of carrying the lord's wood, mentioned above, which had not been at all commuted in 1389-90 or 1448-49, was sold apparently to the tenants themselves. The sale continued to recur in this form down to enclosure, that is, as a kind of special quit rent. The custom of carrying the lord's manure lasted down to 1690 when it was commuted. But the washing and shearing of sheep, and possibly a few other customs, remained until 1795 when they were commuted under the enclosure act. In 1601 a customary tenant was amerced half a mark for not washing and shearing the lord's sheep as he ought according to the custom of the manor as expressed in the old customal. When a tenement was leased, the condition was made that the services that were due should be rendered. This held right down to the time of enclosure, and, as a

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traditional procedure, even after that date. It was thought
in 1794 that the surviving dues owed to the lord were worth
L12 10s. Probably this sum included both uncommuted ser-
vices and such a payment as churchscot. For these stragg-
ling rights the lord received a final payment in the form
of land.

"My lord bishop of Winchester, savior of souls, was a zealous shepherd when it came to human services owed to him. He clung tenaciously to the servitudes his tenants bore in his favor. In order to hold to the service system he restricted his home farm and then leased it; he sold services where he could not exact them. He kept what services he could, to lease along with the sheep to the general farmer. Some of the sheep gave wool, some services.

"Look upon England and then upon France, Germany and other Continental European countries! That England gave up her manorial system in the fifteenth century, that is, gave up cultivation of the home farm by a reeve and the exaction of services, is the accepted theory; while parts of France held much of theirs until the Revolution, and Prussia until the early part of the nineteenth century. But, if Crawley be at all typical of England, we need to reconsider this judgment. Manorial origins have been much studied in England and the early commutation of labor also. But manorial survivals, and particularly the survival of predial services, have been lightly passed over. Perhaps Crawley was peculiar and Church estates backward. But also, perhaps not. It is at least significant that there probably were more manorial survivals in Crawley in 1795 than there were in French manors, if indeed any at all remained in France. What a lot of land laws in the nineteenth and twentieth centuries have been necessary to modernize the surviving medieval system! And it was only yesterday (1926) that the quit rents, paid in lieu of services, general and special, were (practically) abolished. What a contrast between the leadership of England in industry and transportation on the one hand and her backwardness in land tenure on the other! And what a contrast, indeed, between the agricultural progress of England and her agrarian conservatism!" Pages 77 - 80.

"Rise of Personal Freedom. Probably personal freedom had existed in Crawley before the lord bishop came into its affairs. Apparently also some measure of servitude was there, particularly in North Crawley. Serfs and slaves there were in Domesday Book (1086). In the period 1086-1248 the voice of freedom seems to have got no farther than the freeing of

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the slaves, and the levelling of all the people to the rank
of serfs. One of the disabilities of serfs was that they
were not permitted to live outside the manor. From 1248
to the Black Death of 1349, however, there were tenants in
Crawley who were willing to pay an annual fee for the pri-
vilege of remaining away from the manor, while others fled,
leaving their land and goods behind them. This was the an-
nual recognition so often found in the reeves' accounts.
When fully expressed, the item read something like this:
6d. from Robert Sewyne, the lord's bondman (nativus), for
the privilege of remaining wherever he wishes, with the un-
derstanding that he come back at the two lawdays - under the
pledge of Robert le Bonde and John Trigg. Sometimes there was
the additional statement that the person in question might
remain at Sparsholt, or elsewhere, and should still regard
himself as the lord's bondman. Just why such persons want-
ed to live elsewhere, we do not know. We rather plausibly
surmise that the older sons saw advantages elsewhere and
that in many cases the aged simply wished to live out their
days with daughters or sisters married elsewhere.

"From 1248 to 1312 the yearly payments for annual re-
cognition were small, ranging from 6d. (for one person) to
2s. 6d. From 1317 to 1346 the amount received each year
from this source was from 4s. to 9s. During each of the two
years 1347-48 and 1348-49, only 6d. and 12d. were paid for
the privilege. Then during the long stretch from 1349 to
1433 the lord apparently collected no fees for annual re-
cognition. Flight from the manors in England was probably
so common in the confusion following the Black Death and
Revolt of 1381, that anyone getting away could stay away
without much risk. But from 1433 to at least 1598 various
sums were collected on the occasion of annual recognition
under the name of chevage, the amounts ranging from 8d. to
4s. a year up to 1454. In 1448-49 it was stated that two
persons were to remain in Canford and one at Sprasholt. Un-
der the same heading of chevage is an entry of 8d. for the
privilege of being apprenticed to the blacksmith. In 1598,
John Wilkins paid for the privilege of living away from the
manor for seven years, while John Browning paid for being
away for ten years. Both were to perform the customs and
services due to the lord, both being put under pledge. Both
were called customary tenants.

"Another clear mark of servile status, other than che-
vage or annual recognition, was the payment of a fee for the
privilege of getting married, especially away from the manor.
This is the well known maritagium or merchet. It runs through
the Crawley accounts (1208-1448) as a regular item. Even in

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1570-71 one of the customary tenants, Thomas Wayte, paid 3s. 4d. for the privilege of marrying his three daughters outside the manor.

"Clear marks of the survival of a servile status are found in the occurrence of chevage, merchet, and the use of the terms bondman (nativus) and bondwoman (nativa). In 1515-16 the collector of rents, Thomas Davy, was labelled the lord's bondman. In 1570-71, six out of ten persons, whose services had been commuted, were specifically put down as bondmen (nativi). They were all farthing-holders of North Crawley, where the servile status probably remained longest. Even in 1625-26, and possibly later, divers tenants paying the lord for the commutation of their services were called bondmen. After Queen Elizabeth had commuted 200 bondmen on the Duchy of Lancaster in 1575, however, it must have been difficult for other lords to hold their tenants to the old servile status.

"We may infer that the chief factor in the rise of personal freedom in Crawley was the decline in predial services. The latter followed the former about 200 years. This was a big lag, to be sure, but the system of binding men to the soil and otherwise curtailing their liberty had become rooted in the legal system and would not at once disintegrate. There was also probably the question, long after the 1380's, and even after 1448, of a possible return to customary services. A second factor was doubtless the cumulative effect of the influence of the spirit and example of personal freedom in the towns. The encroachment of the royal courts on manorial courts was a notable and more tangible influence.

"No Magna Carta of personal freedom was inscribed in Crawley. A free status came without leaving a precise mark. In 1553 Randolph Davy, being a bondman, had committed the offence of leasing his messuage and farthingland without the lord's consent. In the entry it is written in that he has been manumitted (manumissus). We have noted no other reference so specific. But the general story is clear enough. The term bondman was gradually superseded by the very different phrase, customary tenant, which had itself long been in use. Merchet and chevage ceased to be recorded. But, of equal significance, the newly freed persons, beginning to make use of their personal freedom by moving about, developed a market for land that had not before existed in Crawley."

Pages 92 - 95

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"The New Manorialism. On the ruins of the old manorial system has been erected a new one. In the (civil) parish there is one man dominant over about 3,164 acres called the Crawley Court estate. In the Middle Ages there had been one lord over the whole (civil) parish of about 3,600 acres. Now, as then, there is a desire for an income from the land. There is today an officialdom much like that existing in the Middle Ages. There is at present an estate agent who corresponds roughly to the bailiff who accounted (jointly with the reeve) for the year's receipts and disbursements. And today there is an agricultural expert, or farm manager, who is much like the reeve of the Middle Ages, for upon his shoulders fall the general policy and details of agricultural management. There are the shepherds today as then. And the modern grain bailiff is apparently somewhat like the old mesnor and perhaps hayward in one. Today the laborers know their fields as they must have in the Middle Ages. There is the same subservience of attitude (or is it merely deference?) and probably the same undercurrent of discontent. And now, as then, there is the same slovenliness of work and dislike of the official immediately in charge of operations. Today there is a patronage by the capitalist owner comparable to that of the medieval lord. Today milk is given at a low rate and houses at a less than market rate. The clothing of the laborers is partly paid for and the poor are helped where this is necessary. In the medieval period, the lord gave wood, pasture, corridies, and boon feasts. And in the Middle Ages, as now, Rookley House estate was a thing apart from the village, which looked then, as it does now, to Winchester for supplies, the sale of products, and amusement.

"As is to be expected, the new manorialism differs much from the old. The new is based upon capitalism, the old upon a grant of lordship by the king. In the present manor there are practically no customary tenants with rights enforceable in the courts; there are today only inhabitants - laborers, residents, tradesmen, and officials. On the medieval manor the tenant who was also a laborer, had the security of tenure that was based on custom which indeed had the effect of law. Today the laborer merely occupies the estate owner's cottage at a rental of about 3s. (this being the rate allowed by the national law, the market rate for a five-roomed cottage being about 10s.). Although this laborer has no legal security, the force of custom and public opinion may keep him, often does keep him, in the cottage long after his services prove to be ineffective. Of course, there is now no personal servitude: anyone may go away without being called a fugitive or without paying an annual due

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for the privilege of being away. Today there are national
or semi-national officials who play a fairly important role.
There are the postmistress, the schoolmistress, and the tax
collector. There has been a shop since the early nineteenth
century. Today the village is a place where outsiders come
to live and where there is some social intercourse and in-
tellectual life, not paralleled in medieval Crawley. There
is no legal court today, but there is Crawley Court, the
name surviving through the house in which the court had been
held. However, the present Crawley Court (the great house
of the village) never actually witnessed a legal session.
And it is probable that its immediate predecessor, the man-
sion of Fleetwood, let the court meet in one of the inns.

"The capitalist owner of Crawley, Colonel George Phil-
ippi, is a young man, educated at Exeter College, Oxford,
who has seen some civil and military service. His wife is
a brilliant as well as beautiful lady whose portrait was on
view at the exhibition of the Royal Academy in London, 1925.
All in all, the Philippi family stands for a high order of
social life, in which entertainment, hunting, and fishing,
as well as foreign travel, play a prominent part. In their
midst are beauty, order, command, service, liberality, and
good cheer. Here the tradition of simplicity and enjoyment
is maintained. Nothing like this prevailed in medieval
Crawley. For these things or their counterpart, it was nec-
essary to go to the lord's palace at Wolvesey, at Farnham,
or elsewhere. The new 'lord' of Crawley, probably like the
old, gives only general attention to the business of manage-
ment, but it is a sympathetic and intelligent oversight.

"The capitalist owner has an attitude of progressiv-
ism. He wants to improve rather than maintain conditions.
This may have existed in the thirteenth century and in the
early fourteenth, but it cannot be put down as a medieval
characteristic. Today there is but one agricultural unit
in the Village of Crawley, while in the Middle Ages there
were over fifty. Today the fields are consolidated, while
in the medieval period they were in the form of scattered
strips. Today the agricultural methods of Crawley stand out
as a model for other villages and other lands, while in the
Middle Ages Crawley had apparently no such leadership. To-
day the secular arm is in control and it seeks and uses
special knowledge.

"But it is somewhat misleading to compare modern condi-
tions, the 'manorialism' of the last twenty years (1908-28)

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with the manorialism of the Middle Ages. Conditions really changed much from year to year in the medieval period. The lord was the hammer in Crawley until about the middle of the thirteenth century; thenceforth, to an increasing extent, he was pretty much the anvil. In the sixteenth and early seventeenth centuries, however, he again made an effort to control the situation. Economic circumstances and legal system have played their part. In modern times there is and is likely to be a similar see-saw of events. During the war, 1914-18, there was outward prosperity in Crawley, followed by enormous agricultural losses about 1918-22. Since 1925, by herculean efforts, losses have almost been changed into gains, but with more recent difficulties cropping up. All this belongs to the following section!" Pages 130-132.

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Regional Sociology
by

Radhakamal Mukerjee, M.A., Ph. D.

Published by The Century Co. 1926.

"Communal rights and property are emphasized along with the obligations of wealth and talent, and, instead of the class system based on economic interests, we have here functional groups knit by social and cultural ties. Society develops by accretion and assimilation rather than by conflict and absorption; there is a steady process of socialization which coordinates the diverse social groups and establishes stable relations between the members of the group and its life conditions. All this shows a definite connection between scarcity of abundance of food and the nature and kind of social evolution." Page 113.

"Diversity of Social Evolution - Adjustment of the arts of production is, in short, comparable to the adjustment of animals with regard to food, nestbuilding, materials used in nestbuilding and other features of ecology and behavior, which therefore offer the methods for a study of the distribution of institutional forms in different social types. Ecological economics would seek to trace the development of different types of economic organization and of labor arising out of the process of adjustment through the effects of physical factors and through formation of habits, instincts and associations therewith correlated. To be sure cultures have migrated and ideas and customs have been imitated and absorbed; but social, like biological modifications, have generally followed the line of least resistance, i.e., in this case, adaptive assimilation. The cumulative tradition of the race and region has thus marked off man's life into broad social and economic types corresponding to the Regional Geography, to which the social and psychical factors are adapted and correlated in the course of evolution, producing diverse multi-linear series in different cultural zones." Page 114.

"Agrarian Organization Largely Dependent on Region - A casual survey shows that the tribal method of occupation, the feudal system, the manorial system, the ownership of land in fee simple and the village community, which are so many different economic bases of social relationship, are

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dependent to a considerable degree on the nature of the
country within which each respectively has been formed.
Feudal society rests on the system of feudal land tenure.
The great farms of England and Scotland were conducive to
the development of aristocratic government. In the East,
there were seldom large estates or a landlord class. In
India and China the communal democracy of the rural commune
and the occupational guild springs up on the basis of the
small individual holdings and the handicrafts or small
workshops. So enormous a population can hardly be supported,
however, by so small a space. Hence, in the case of Chin-
ese and Indians, there have been three alternatives: A low-
ering of the standard of living, more intensive farming or
emigration. Incessant toil in hand cultivation maintains
with difficulty the vast populations constantly receiving
accession from the nomads of the North who have to quit their
pastures owing to the gradual desiccation of Central Asia.
If to these we add the early maturity of women and the value
of a large family in rice culture and domestic industries,
we understand the cause of the high birth-rate of these re-
gions as compared with Western Europe and America. Thus
arises the insistent problem of Oriental emigration due to
the vast surplus labor awaiting opportunity for winning a
higher standard of living in other regions." Pages 129-130.

"In India and China the direct touch with fertile land of large masses of population has been favorable to the development of arts and handicrafts in connection with agriculture and an organized village life. Here the conservative tradition of a heterogeneous but peaceful population perpetuates class, clan or caste differences, but these are softened by a strong local feeling, a living sympathy and closeness. In the absence of inducements to trade and colonization, due to the plenitude of natural resources, there springs up a peaceful, non-exploitative economic organization on the basis of an equable diffusion of population and an interdependent system of rural and urban exchange which is in marked contrast with the individualistic capitalistic system of agriculture and industry in Western Europe." Pages 143, 144.

"States: Individualistic-Liberal and Communalistic-Conservative. - In the contrasted type, rights are guaranteed to people organized in village and communal bodies and assemblies and the strong fabric of customary law protects a fair amount of liberty of thought and action within the legitimate spheres of their particular jurisdictions. Thus

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are sown early the seeds of conservatism and complacence
in an essentially agricultural people and rigidity and group-
coercion in the social system. Comparative social psychol-
ogy thus finds two broadly marked types of racial tempera-
ment:

"(1) The individualistic-liberal, of which the lever of social reconstruction is either the initiative of the individual or the general will of the State, which superimposes upon the body politic the notions or standards of the dominant class of the day. However, that dominant class is never the peasants, but the landlords, and, since the Industrial Revolution, the capitalists or the industrial laborers. Further, the interest of the dominant class governs social policy in the name of an individualism which is born in the struggle with land and sea. The categorical imperative of the State has its foundation here in the hypostasis of the Individual, both the State and the Individual being regarded as abstract entities. The perpetual antithesis between the Individual and the State which feeds the ire of revolution is due to the fact that in nature and purpose one is not reducible to the other.

"(2) The communalistic-conservative, of which the lever of social reconstruction is the tradition of voluntary co-operation of various village and communal assemblies acting through what is something more than the will of the majority, i.e., unanimity or consensus. Such groups arise freely and spontaneously among new races and ethnic stocks gradually and peacefully assimilated and oriented within the social type. There is hardly any superimposition. A land distribution prevents the development of distinct and powerful classes, such as peasants, landlords, employing farmers and paid agricultural laborers. The economic solidarity maintains a high degree of social cohesiveness. Here civilization is not of urban manufacture but of the whole country's making, and is inspired by the elemental ethics of the fields: the arts and the ruling and ritual of life come from the myriads of village communities, which are independent centers of public opinion in village councils, guildhalls and temple gatherings. The web of history here is a particolored garment, not woven after one color and pattern in a few towns, but variegated by the intermixture of threads of all colors contributed from everywhere in the country. The vitality and creativeness of village life and organization

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in this social type integrates the individual with the com-
munity through a multiplicity of group-wills, which are as
concrete and real as individual purposes, and consequently
resolve any possible conflict between the Individual and
the State.

"The spirit of the community in both types is progress-
ive, but the elements and methods of progress are different.
In the former type society achieves first the unity of the
State and the legal organization of relations, and then
orients the economic and ethical relationships. In the
latter, Society from its very start builds its legal and eth-
ical life on elementary economic and personal interests,
and then attempts to mold group life and organization accord-
ing to a code of ethics which it seeks to apply to all per-
sons and groups. There is thus no one key to the philosophy
of history as there is no one criterion of racial type and
evolution." Pages 199-201.

"Some Principles of Economic Regionalism" - The principles of economic regionalism which emerge from the above evolutionary outlook may be enumerated thus:

"(a) The occupation or folk must be considered in relation to the plane of the region. As economic and social adaptation chalks out the region's natural orbit, forestry, pasturage, agriculture and manufacture must be made supplemental and complementary to one another in different parts of a given region. Economic equilibrium can be attained only if folks and occupations in different levels of the valley section work harmoniously together for the uplift of the entire region. The supremacy of one or other of the succeeding stages or types of socio-economic life and organization is bound to react unfavorably upon the progressive development of the region. In sectional industry-planning lies the practical application of economic ecology. Folk art and folk literature, folk music, drama and recreations similarly must be preserved from the 'bleaching process'. The rural mind, simple in its devotion and faith, intimate with nature, alive to the growth processes around it, and creative and sympathetic like these, must be preserved from the invasion of city standards. Education and religion, above all, must be rescued from the psychology of the city.

"(b) Where resources of organized community life are lacking in the region, a good deal may be accomplished by a rational mode of cooperative organization, as seen in

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the movements of school consolidation and church federation, agricultural cooperation and cooperative production and use of electric and other power in the countryside.

"(c) Our knowledge of laws of heredity and breeding and production of new varieties of plants and animals enables us to change profoundly the aspect of a section of the region by the importation of varieties from similar climates. Plant-explorers are now scouring all possible corners of the world in search of plants particularly adapted to particular purposes and climates. This applies also to some extent to the introduction of new varieties of insects and animals. Institutions, moreover, may be borrowed with profit from similar societies; e.g., English parliamentary government and the jury system erected in British colonies; land legislation in Ireland or Egypt adapted to India. Thus we gain ascendency over nature, although in the importation of plants, animals or institutions, evolution does not ignore but utilizes resident forces.

"(d) The State, by protective legislation and administration, should preserve the autonomy and integrity of a region from violation, and this in every field, economic, educational or social." Pages 206-207.

"Social Adaptation" - The principle of adaptation applies to the unity and equilibrium not merely of the individual organism but also of the organization of a social community. The physiological and behavior relations of animals of the same community are of much importance to sociologists, and may be included under:

"(a) Inter-physiology or Inter-psychology. Tarde is the author of this idea. He suggests that the social psychology of man may be traced to the inter-psychology and inter-physiology of the lower animals. Among the social animals the character of the struggle for existence is changed with the increase of cooperation, an esprit de corps, and good will. Increase in number and stability have developed a considerable division of labor and an elaborate code of conventions regulating mutual give-and-take in the bee and ant communities. Permanent products have been accumulated by some social animals; such, for instance, are a hive, an ant-hill, a termitary or a beaver village. In the case of man, the social heritage includes, besides habitation, tools and weapons, language, institutions and traditions, which register racial gains. A geographical segregation encourages

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inbreeding, brings about stability of type and psychical integration by means of similar responses. There is very close and habitual endogamy among the social insects. Characters are fixed and the type stabilized. Kin sympathy is fostered in a homogeneous community. Alike in men and in social animals, we have division of labor and mutual cooperation, which expand into the economic tradition; we have leadership and mastery, kindly emotions and resentment, os-tracism and social enforced punishment, which expand into the ethical tradition; we have the social use of the voice, which expands into language. Human societies, therefore, exhibit strands which go back to simpler animal societies, taking diverse forms according to food, numbers, species and so on. To the strengthening of psychical bonds in the same species of animals should be added the behavior between the different species while acting or living together as one." Pages 218-219.

"Community of Interest" - In general, any given feeding area can support a very miscellaneous population, and the association of forms which batten upon any particular source of supply constitutes what has been termed the biocaenosis (Dahl) of that center. This community of interest is a phase of symbiosis or commensalism based not merely upon mutual advantage and mutual toleration but also upon strict independence and self-help. A drought or excessive rainfall, or even each slight change in the environment, may upset the bio-economic equilibrium, and, by so doing, it will alter the modes of behavior of the living organisms, thus showing the inter-meshing of the complex web of the biotic community. All the species which take part in such associations may be said to converge towards a common center of subsistence, and this community of habitat leads to similar convergence of character. In human groups we have similarities of modes of behavior arising similarly under the stimulus of a common region." Pages 220-221.

"Purity of Race: Measures for Its Preservation Taken in India" - On the other hand, an old but less organized regional type, with due resources and a conservative social organization, will adopt defense mechanisms when it has to face the inroads of an aggressive, overpowering culture. This is inevitable when a large population can be easily multiplied and maintained in the region without racial mingling. Such defense mechanisms are connected with attempts to prohibit or check social intercourse with the

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stronger, alien culture. Social restrictions against inter-
marriage and inter-dining, conventions of untouchability
and unapproachability, are resorted to by subject peoples
in their zeal and anxiety to protect their social types
from contamination. The social taboos against mixing with
the Muhammadans and English masters in India are well known.
Social groups in India have become clannish and conservative
to a degree, and offered barriers not merely to intermarriage
but also to social intercourse to prevent the obliteration
or absorption of their culture elements. Thus the forces
which stereotyped castes in Aryan India in the past are far
different from those which maintained them in Mughal or
British India. The need of maintaining race purity was em-
phasized in ancient India by the presence in society of he-
terogeneous and most backward ethnic elements. The ancient
law of *anulome* and *pratilome* marriages as given in Manu was
strictly adhered to. The superior classes might take women
from the inferior race, but a certain pride of color re-
mained in them, so that to avert complete amalgamation they
did not give their women and would close the ranks to fur-
ther intermixture as soon as their number had increased to
the point where the dangers of endogamy were negligible.
While the more primitive occupations were left to the origi-
nal inhabitants, who were gradually grouped into hunting,
fishing, basket-making and agricultural labor castes, the
handicrafts and other intermediate occupations were followed
by the mixed stocks who were in closer contact with the im-
migrant conquerors than the pure aboriginal castes. It was
thus that the formation of castes and sub-castes proceeded
apace, the caste in each case standing for purity of blood
and a correspondence traceable between caste gradations and
the variations of physical type." Pages 240-241.

"*Indian Race Assimilation* - In India the inroads of alien stocks have been hindered by the difficulties of the NorthWestern gateway and the natural barriers which divide Hindustan from the Deccan and separate the coast regions of the East and the West from the interior of the peninsula proper. Secondly, the rise of fortified garrisons and of states and principalities along the great plains of the rivers, into which invasions are forced, limited the sweep and volume of immigration. We have seen already that as invaders came to India, and settled in the land, they were compelled to marry women from the country itself. Social solidarity accordingly demanded the organization of ethnic groups to prevent indiscriminate mating and intercourse under the pressure of alien invasions, as well as under the

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handicap of too many heterogeneous stocks. In the great river-plains the settled village life in a limited area encouraged social assimilation, and one ethnic group fused with another under the influence of the customary law and usage and the cooperative habits in agricultural-communal life. The degree of this blending of race and fusion of function was different in different regions. In those parts of India where the difference of race and culture level was the greatest, the need of maintaining race and culture purity expressed itself in those harsh customs of untouchability and unapproachability which otherwise are so unintelligible. Throughout the country, however, the original Munda-Dravidian folks gradually became comprehended within the Indo-Aryan fold, and it was they who greatly determined the structure of social government and agricultural organization of the country. The semi-Hinduized aborigines were assigned a place as castes and tribes on the lower rungs of the Hindu social ladder, and they gave to India the compact, efficient village organization, the panchayat rule, the indigenous village police, the allotments of lands from common village settlements for village officials and servants and the hierarchy of caste tribunals modeled after tribal administration; while vast hordes and numberless tribes from Madagascar to the Eastern Archipelago, who came to be comprehended within Indian culture, have exhibited some of these institutions which have their roots deep in India's prehistoric soil." Pages 248-249.

"**Communalism, the Eastern Bond of Peace** - The polyethnic masses of the East have lived in social peace because the different population elements enjoy the utmost measure of autonomy. Both in China and India a catholic and synthetic policy of assimilation of different stocks and nationalities has kept alive communal self-government and local home rule. Thus the problem of uniting large areas and great and heterogeneous populations has been solved by the principle of communalism. The government in the East concerned itself with little else than order and defense, leaving each population element to organize as it pleased and provide itself with its own laws, temples, schools, recreations, etc. The Teutonic nations, however, have devised the plan of delegation and representation for reconciling the interests of order in a large territory with those of responsible citizenship. In the West the principle of representation often has been aided by the consolidation previously effected by absolute monarchy. In the East the communal-federal principle was the long-established traditional solution of the social problem presented by the intermingling of stocks on different levels of social development. Through failure and long endurance the East has clung to the principle of culture autonomy as the only effective protection against social outbreaks." Pages 250-251.

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Jajmani

"Insularity of European Economics - In economics also the suggestions of biology have failed to bear any fruit as regards supplying criteria for the classification of economic institutions. Bagehot laid down certain postulates of political economy which he deduced from the economic organization of Occidental civilization, outside the pale of which, he frankly contended, society is uneconomic or pre-economic. This was the prevailing attitude of classical or neo-classical economics which regarded economic forces as approximating a norm or working their way to a position of equilibrium. Any tendencies that did not fit in with the existing institutions of Western industrial society, idealized as something 'normal', fixed, or 'definitive', were labeled as obstacles and causes of economic friction. Thus customs, which embody the living fabric of human and social values, always have been interpreted as something extraneous to man. They are regarded as dykes or barriers, which deflect normal economic functioning, the standard of which is set by limited personal observation and a species of introspection, and the hyper-rationalizing business psychology associated with the contemporary phase of Western industrial history. Agricultural history, which would have given one the widest possible knowledge of and sympathy with men in all phases of his existence and all stages of his civilization, has received inadequate attention. Even for the historical school of economics the norm and type of evolution are furnished by the social history of Western Europe, chiefly the phase known as industrialism; all economic forms and institutions which do not conform to it are regarded as uneconomic and extra-economic." Pages 259-260.

"History of the Village - Thus among large sections of the human race we find at an early stage the autonomous village. It is a closely-knit kinship group, generally an organized stronghold, which does not owe any allegiance to any chief or noble, but is held together at first by totemistic regulations and then by the customs of family groups, clans or tribes. The village retains its self-management and self-sufficiency, and its unity and initiative are strengthened by common defense or common vendetta, common land or water, or participation in the common lands. Adoption of strangers and *servi* adds another characteristic social tie which marks the transformation of the kinship into the neighborhood group. The village attracts its own artisans and functionaries, each occupying his own place. Each is given an allotment of land or shares of grain, and performs his characteristic duty as a member of the agricultural community. The

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community maintains its own police to protect life and property from the aggression of hostile and jealous neighbors. Since it assimilates strangers and outsiders, its organic and functional solidarity is independent of barriers of tribe, clan or family group or caste, gaining ample support from cooperative habits in agriculture, industry and social life. The holding of land in common by the village community, which superseded older tribal bonds, itself yields place to family and individual ownership, though collective management of wastes and meadows may still be retained. The waste land is a common pasture of the cattle of the village; its external boundaries are carefully marked and retained as a common right of the village, or rather township, to the exclusion of others. The early appearance of the village state springs from the necessity of maintaining irrigation channels, tanks, reservoirs and embankments. Adjoining villages combine in the same way as tribal aggregations. There are unions of five, seven or a hundred villages, and their vigor and the resistance they have opposed to those who, in every age and region, have attempted to encroach upon their autonomy, have depended upon particular political conditions and circumstances. The state here is oriented by gradual accretion and integration. Division of labor here establishes itself among an ethnically heterogeneous group in a process of peaceful assimilation. Agricultural classes and industrial communities pursue their objects without any contacts between a dominating group and a subject population. Social stratification becomes the result of a gradual upward economic differentiation, and the social hierarchy in the main corresponds to the steps of economic advance, the forester and the shepherd standing lowest, the artisans and peasants in the middle, the traders and landlords, tribal chiefs and priests at the top of the socio-economic scale. All this reproduces in the life of a single community the whole course of cultural development."

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The Sacred Laws of the Aryas
as taught in the schools of
Apastamba, Gautama, Vasishtha
and Baudhayana

Translated by Johann Georg Buhler

Part I. Apastamba and Gautama

Vol. II. Sacred Books of the East
Published by Oxford University Press 1879

"For all students of Sanskrit philology and Indian history Apastamba's aphorisms on the sacred law of the Aryan Hindus possess a special interest beyond that attaching to other works of the same class. Their discovery enabled Professor Max Muller, nearly thirty years ago, to dispose finally of the Brahmanical legend according to which Hindu society was supposed to be governed by the codes of ancient sages, compiled for the express purpose of tying down each individual to his station, and of strictly regulating even the smallest acts of his daily life. It enabled him not only to arrive at this negative result, but also to substitute a sounder theory the truth of which subsequent investigations have further confirmed, and to show that the sacred law of the Hindus has its source in the teaching of the Vedic schools, and that the so-called revealed law codes are, in most cases, but improved metrical editions of older prose works which, in the first instance, were destined to be committed to memory by the young Aryan students, and to teach them their duties. This circumstance, as well as the fact that Apastamba's work is free from any suspicion of having been tampered with by sectarians or modern editors, and that its intimate connection with the manuals teaching the performance of the great and small sacrifices, the Srauta and Grihya-sutras, which are attributed to the same author, is perfectly clear and indisputable, entitle it, in spite of its comparatively late origin, to the first place in a collection of Dharmasutras." Pages ix - xi.

+

"I am not aware that on any grant issued by a king of a northern dynasty to Brahmanas who are natives of the northern half of India, an Apastambiya is mentioned as donee. But among the southern landgrants there are several on which the name of the school appears. Thus in a sāsana of king Harihara of Vidyānagara, dated Saka samvat 1317 or

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1395-96 A. D., one of the recipients of the royal bounty is 'the learned Ananta Dikshita, son of Ramabhatta, chief of the Apastambya (read Apastambiya) sakha, a scion of the Vasishtha gotra.' Again, on an ancient set of plates written in the characters which usually are called cave-characters, and issued by the Pallava king Simhavarman II, we find among the donees five Apastambhiya Brahmanas, who, together with a Hairanyakesa, a Vagasaneya, and a Sama-vedi, received the village of Mangadur, in Vengorashtra. This inscription is, to judge from the characters, thirteen to fourteen hundred years old, and on this account a very important witness for the early existence of the Apastambiyas in Southern India.

"Under the circumstances just mentioned, a casual remark made by Apastamba, in describing the Sraddhas or funeral oblations, acquires considerable importance. He says (Dh. II, 7, 17, 17) that the custom of pouring water in the hands of Brahmanas invited to a Sraddha prevails among the northerners, and he indicates thereby that he himself does not belong to the north of India. If this statement is taken together with the above-stated facts, which tend to show that the Apastambiyas were and are restricted to the south of India, the most probable construction which can be put on it is that Apastamba declares himself to be a southerner. There is yet another indication to the same effect contained in the Dharma-sutra. It has been pointed out above that the recension of the Taittiriya Aranyaka which Apastamba recognizes is that called the Andhra text or the version current in the Andhra country, by which term the districts in the southeast of India between the Godavari and the Krishna have to be understood. Now it seems exceedingly improbable that a Vedic teacher would accept as authoritative any other version of a sacred work except that which was current in his native country. It would therefore follow, from the adoption of an Andhra text by Apastamba, that he was born in that country, or, at least, had resided there so long as to have become naturalized in it. With respect to this conclusion it must also be kept in mind that the above-quoted passage from the Maharnava particularly specifies the Andhra country (ANDHRADI) as the seat of the Apastambiyas. It may be that this is due to an accident. But it seems to me more probable that the author of the Maharnava wished to mark the Andhra territory as the chief and perhaps as the original residence of the Apastambiyas." Pages xxxiii - xxxiv.

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impossible to expiate the guilt incurred by killing a Brahmana, drinking spirituous liquor, or violating a Guru's bed. From this statement it appears that Gautama knew an ancient work on law which was attributed to Manu. It probably was the foundation of the existing Manava Dharma-sastra. No other teacher on law, besides Manu, is mentioned by name. But the numerous references to the opinions of 'some' show that Gautama's work was not the first Dharma-sutra." Page lvii.

I, 1, 1, 26. To serve the other (three) castes (is ordained) for the Sudra.

7. The higher the caste (which he serves), the greater is the merit." Page 2.

I, 4, 14: "25. Know that a Brahmana of ten years and a Kshatriya of a hundred years stand to each other in the relation of father and son. But between those two the Brahmana is the father." Page 53.

I, 7, 20: "1. He shall not fulfil his sacred duties merely in order to acquire these worldly objects (as fame, gain, and honour).

"2. For when they ought to bring rewards, (duties thus fulfilled) become fruitless.

"3. (Worldly benefits) are produced as accessories (to the fulfilment of the law), just as in the case of a mango tree, which is planted in order to obtain fruit, shade and fragrance (are accessory advantages).

"4. But if (worldly advantages) are not produced, (then at least) the sacred duties have been fulfilled." Page 71.

II, 4, 9: "8. All gifts are to be preceded by (pouring out) water.

"9. (But gifts offered to priests) at sacrifices (are to be given) in the manner prescribed by the Veda.

"10. The division of the food must be made in such a manner that those who receive daily portions (slaves) do not suffer by it.

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"11. At his pleasure, he may stint himself, his wife, or his children, but by no means a slave who does his work.

"12. And he must not stint himself so much that he becomes unable to perform his duties.

"13. Now they quote also (the following two verses:

'An ascetic may eat eight mouthfuls, a hermit living in the woods sixteen, a householder thirty-two, and a student as much as he likes. An Agnihotrin, a draught-ox, and a student, those three can do their work only if they eat; without eating (much), they cannot do it.'" Pages 121-122.

## Gautama

(the Sudra)

X, 56: "(He shall) serve the higher (castes).

57. "From them he shall seek to obtain his livelihood.

58. "(He shall use their) cast-off shoes, umbrellas, garments, and mats (for sitting on),

59. "(And) eat the remnants of their food;

60. "And (he may) live by (practising) mechanical arts;

61. "And the Arya under whose protection he places himself, must support him even if he (becomes) unable to work.

62. "And a man of higher caste (who is his master and has fallen into distress must be maintained) by him.

63. "His hoard shall serve this purpose.

64. "If permission has been given to him, he may use the exclamation namah (adoration) as his Mantra.

65. "Some (declare), that he himself may offer the Pakayagnas.

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66. "And all men must serve those who belong to higher castes.

67. "If Aryans and non-Aryans interchange their occupations and conduct (the one taking that of the other, there is) equality (between them)." Pages 230-231.

137.

Jajmani

"In English law, the personal 'easement' (or right of common as it would be called) is recognized as a 'right in gross', and it cannot exist by local custom: this distinction is not however important to us. Where a right or easement is 'real' it is said to be 'appendant' or 'appurtenant' to a certain (dominant) estate.

"It will be observed that some, at any rate, of these separate rights or easements, are valuable 'things'; they are in fact reckoned among 'incorporeal' things. And they may be 'in possession' at any rate by a fair analogical extension of terms. For their 'possession' is governed by the same principles as those we have stated (p. 58 ff). It is not any mere physical act, as such, that constitutes possession of an easement. I may walk down A.'s garden a dozen times, without the physical act constituting in any sense a possession of a right of way: but if A. writes me a document informing me that he grants me and my heirs for ever, a right of way over a certain field, and he removes a padlock or hands me the key, I am in (constructive) possession of the right of way, as effectually as if I walked over the path. So if without any traceable permission or grant, the inhabitants of house X. have for generations past, used a certain way, openly, peaceably, and as of right, they may be in possession of a right of way, though they do not actually pass over the land for some weeks together.

"Some rights are in their nature what we call 'discontinuous'. I may have a right to let my drainage water flow over A.'s field: but in a dry year, for months together not a drop of water may actually flow. I may have a right to cut firewood, but I do not keep cutting it every day and every hour of the day. Here it is not so easy to say whether such a right has been kept 'in possession': the test is, has the physical possibility of enjoying the right and the intention to enjoy it, for itself, remained in the dominant, and been submitted to by the servient, estate? The nature of the right, and all the circumstances of the case, must be looked to. Generally speaking the matter is expressly provided for by law, e.g., under the Indian Limitation Act of 1877, if all exercise of a right has been intermitted for two years before suit, the easement may be lost. Or if an interruption (i.e. an act from the other side,--the servient owner resisting) is known to the right-holder and submitted to for one year, the right may be lost (p.62).

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"In its nature, also, the easement must be to do something lawful. You could not acquire a right to clip the Queen's coin, no matter how long you had been doing so. You cannot have a right to destroy or waste the servient property, i.e., to set fire to a forest. It is for this reason that an unlimited right is not recognized. You could not have a right to graze so many cattle that the whole soil would be turned into a desert; nor to cut so many trees, or so much wood, that natural reproduction would be impossible. But the question of limitation of rights, with reference to the claims of the right-holder on the one side and the servient-owner's right of enjoying his estate on the other, is so important that I must recur to it hereafter in more detail when we come to study the Forest law. Here I will only note the general principle that the right can never (from its nature) be co-extensive with the ownership, and can, therefore, never extend to swallowing up the whole; for that would be, in fact, attacking the substance of the estate itself, and rendering it practically useless to the owner. As no easement (of produce) can be unlimited, it may be said that the question of extent or quantity-- how much material, what number of cattle, and so forth-- is involved in the nature of the easement. This depends on the terms of the grant or other title: and in the large class of cases where the right is prescriptive, i.e., has long existed openly and peaceably, but without any (traceable) original grant, the law makes express provision for determining these matters, usually on the basis of the actual needs or requirements of the right-holder. It will be more convenient to reserve all details on the subject till we come to study the law regarding forest rights, and the provision made for their definition.

"Easements must be the means of some benefit or advantage (even pleasure or convenience may suffice) to the right-holder; 'servitus quia nihil interest non valet' (a servitude or easement that is of no use to anyone is not recognized).

"Once more, the right or easement is always to a continuing benefit. A right (say by purchase of a ticket) to take a load of grass from the forest on a specific occasion, is not a 'servitude'; there must be a permanent right which can always be exercised from time to time as required. Servitutes perpetuas causas debere habent.

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"And if the right is perpetual, so the servient estate must be maintained, by the avoidance of all destructive and unnecessary acts on the part of the right-holder, and by proper management on the part of the servient estate-holder. This is in fact another ground for the rule that easements must not only be of a lawful and non-destructive nature in themselves, but also that they must be exercised in such a reasonable way as not to destroy the servient property. They must also be so exercised as to spare the estate from any unnecessary loss; obviously there are two parties or interests to be considered; while the easement holder has his reasonable and fair enjoyment, the owner must not be restricted unduly in his enjoyment, or prevented from working his estate in a businesslike manner, according to the established principles of management. Here I will only remark, that taking produce which grows again, is not regarded as 'attacking the substance' of the servient estate: nor is a moderate taking of sand, gravel, or turf: for though these things are not exactly 'reproduced', still, practically, their ordinary removal does no harm.

"Easements are not capable of being divided or partitioned; except, indeed, where either the dominant or servient estate is partitioned, and by consent, or by requirement of law, some adjustment is made; but then the partition must be so effected that neither is the burden of the right on the parts of the servient estate increased, nor the right itself increased or multiplied. And where the right is, in its nature, confined to certain parts of the estate, it cannot, by partition, be extended to others.* A real easement can never be detached from the dominant estate and separately transferred; but if the dominant estate is itself transferred, the easement may pass with it. Personal easements are never allowed to be transferable, but this is by express provision of law.

"Servitudes are in their nature impartible or indivisible because they belong to the dominant estate as a whole, and are over the servient estate as a whole. If either estate (alone) is partitioned, the right in theory remains unaltered. In the one case, the several co-sharers have collectively the same right as before; in the other, the easement still subsists over all the divided parts of the servient estate. In practice and for convenience, some adjustment of the exercise would probably be made, but as far as the theory of legal right is concerned, there is no alteration. With most rights, it is, however, generally held, in case of transfer of the estate, that they pass only to the particular lot which contains the buildings, houses, etc., for which the right

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Jajmani

140.

exists. But this must be understood within limits, because it might be desirable to apportion the total enjoyment or produce of the right, equitably, to the different parts of the divided (dominant) estate (Danckelmann, Vol. II., pp. 4-5)."

Pages 79 - 86.

"It will naturally be asked at the outset, why should there be a special law for the preservation of forest properties?....In the first place it is easy to understand that not only the forest, but the produce of the forest, especially timber while in transit, needs protection on account of its special character, and its special liability to injury--a liability which does not exist in other cases. A forest is really as much the subject of property as an orchard or a garden; but owing to its natural origin, in most cases, the ignorant population has an inveterate tendency to regard it as "no man's goods", or as free to all: and the feeling is, that it is theft to steal a gold ring from a shop, or even apples from an orchard or roses from a garden, but it is no harm to cut a tree, or turn in some cows to graze in a forest. A number of offences are thus committed in forests, which in the aggregate, or if allowed to become common, would be very serious hindrances to orderly forest working and successful conservation.

"Yet these offences are often, in their individual extent, and as regards the criminal intention of the delinquents, petty; it is therefore desirable to have them specially punishable by mild and suitable means, and by a summary and easily applied procedure. They need also to be directly and simply declared by law, without requiring to apply, by elaborate legal reasoning, the penal definitions found in laws primarily directed to other objects. Again, forests are particularly liable to suffer enormously from a very small act: the careless use of fire, be it a camp fire or a tobacco pipe, may cause the destruction of hundreds of acres of timber, worth, in the capital, thousands of pounds. The trespass of a few cows (and in warm climates buffaloes and camels are much worse) may destroy the hopes of several acres of seedling beds or young plantation: the nibbling of goats may destroy the growth (by removing the leading shoots) of young conifers, which if let alone would have grown into valuable trees. Even the careless cutting of stocks may destroy the leaders of young saplings in

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right in saying that the general intention of Government
was to make a beneficial and not a selfish use of the
claim; that is to say, it would assert the general
State right, only as a convenient basis from which it
might proceed to regulate, confirm, or confer, practi-
cal, working, proprietary-titles in favour of the var-
ious persons equitably entitled thereto." Pages 211-
212.

"The Waste land and the use made of it"

"In India, the ground for recognizing such rights
is very rarely (but of course cases do exist) that of
defined grant, charter, or official recognition in past
days. Nor again, speaking of strict legality, can it be
said that 'rights' have been acquired by 'prescription'.
It seems to me, strictly speaking, that if a 'village'
or a person, has been for ever so long in the habit of
cutting grass or firewood, still if that was demonstrab-
ly done on sufferance, and because no one cared to inter-
fere, and with the knowledge that at any moment, the
local authorities could make over the forest-land to a
grantee to clear and cultivate, and that (as a matter
of course) the practice of grazing, etc., would then and
there determine, - these conditions prevent, on general
principles of law, the growth of a legal right; the ex-
ercise was both 'precarious' and (not 'as of right') but
by permission or on sufferance. That was really the
condition of things under all Native Rulers of Indian
States; and further, there was not under the later Prin-
ces, even any general acknowledgement of a right of prop-
erty (at any rate to the humbler classes) in the soil
of their own cultivated land, much less did they contem-
plate any legal or fixed right of 'easement' in the
'waste'. Still no doubt, the best native rulers were,
in practice, careful of the convenience of the peasan-
try, because they knew that if cultivators and their
cattle were not provided for, the revenues would fall
off; so that practically, grazing and wood-cutting, in
the then abundant waste and jungle or forest-land, were
always allowed; and grants of land to cultivate would
not, as a rule, be made so as to deprive a village of
the necessary grazing ground.

"When a Forest law was being enacted for India, it
became a question how these long-established practices
of using the Government waste--that now became State
Forest, should be dealt with. It might have been held,

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Rules for a Snataka

Self-restraint

Sraddhas

Pious Gifts

The Hermit

The Ascetic

Meditation on Vishnu

Conclusion

General Index

Sanskrit Index

Additions and Corrections

Transliteration of Oriental Alphabets adopted for the
Translations of the Sacred Books of the East.

## II.

1. Brahmanas, Ksatriyas, Vaisyas, and Sudras are the four castes.

2. The first three of these are (called) twice-born.

3. For them the whole number of ceremonies, which begin with the impregnation and end with the ceremony of burning the dead body, have to be performed with (the recitation of) Mantras.

4. Their duties are:

5. For a Brahmana, to teach (the Veda);

6. For a Kshatriya, constant practice in arms;

7. For a Vaisya, the tending of cattle;

8. For a Sudra, to serve the twice-born;

9. For all the twice-born, to sacrifice and to study (the Veda).

10. Again, their modes of livelihood are:

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A Study of the Principles of Politics
by George E. G. Catlin

Published by the Macmillan Co., 1930.

"The Use of Scientific Hypothesis. We have defined politics as the study of the Control relationship between willing beings. We have made it clear that by the control relationship we do not mean one of domination, but one of assurance concerning the actions of the other party in relation to one's own, an assurance which it is the object of political action to render one of favourable or neutral conduct. Permanent harmony, such as springs from complete benevolence, is the manifestation of a relationship in which there is complete and mutual assurance. It is a relation of joint control. Control need not necessarily be active and directive. It may take negative shape in adequate assurance against being controlled. The regulation of the criminal is less important than to give security to his victim. The history, again, of democracy is an interesting commentary on this theme. The desire of many men is genuinely for peace and cooperation, not for domination. The desire of others is to avoid responsibility. Control for them entirely means a guaranteed protection against intolerable aggression.

"In each case, however, the desire for control, sufficient to give assurance of security, exists. In each there is persistence, however reluctant, until the stimulus of this fear is alleviated. There is a measure of perseverance in action and something, however fitful, of the determination not to be deterred or deflected. The neurotic or imbecile condition of complete lack of will may, confidently and without sophistry, be allocated to the pathology of politics, and indeed to mental pathology. Social apathy is a quite different matter, often arising from the determined and vigorous refusal of the individual to be induced to take interest in matters which he fails to see have any close relation to his own well-being. It is perhaps a merit of our definition of politics that we can include in our study the social activities of the "privately minded" and clannish as well as of the 'publicly minded' and civic-spirited, without regarding either as abnormal." Pages 92-93.

Hence, while every man seeks the maximum of assurance, he seeks the minimum of restraint on liberty. He wants protection and all that law and custom, conventions and

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institutions, can give him of assurance by stabilizing con-
trol. But he wants to pay for this a minimum in personal
less of liberty - such as all law in some measure implies
both by its application and in order to maintain its exe-
cution. It does not, however, follow that the law which
actually increases the assurance of one man will actually
restrict the liberty of the same man; it merely potentially
restricts him, did he desire that class of liberty. The
establishment, however, of this control, by the passing
of law and by its maintenance or by personal force and en-
terprise, requires an expenditure of time, energy, and
trouble against resistant wills. Men, busy with other mat-
ters or indolent, naturally tend to expend the minimum
of trouble on the establishment of control. The securities
guaranteed to society have as great rarity value as eco-
nomic goods. Indeed, the joy of establishing security is
as rare as the joy in necessary manual labour, although
the amassing of power, like the amassing of wealth, has its
attractions. Hence the maximum of assurance is desired with
the minimum of expenditure of political energy in assuring
and guaranteeing control. It may be remarked in passing
that many writers have commented upon the desire of most
men to avoid responsibility, which is far more general than
the desire to assume it, and have very properly made this
a ground of criticism of the democratic system. But this
objection to democracy has usually been put rather in the
form of a political opinion than of an analysis in terms
of fundamental political principles. An observation has been
made, but no systematic explanation has been offered in terms
of political laws, as it were, of labour and wages of la-
bour, and still less in terms, not entirely fanciful, of
the Government as the capitalist of politics." Pages 95-96

"As Heraclitus said: 'The major problem of human society is to combine that degree of liberty, without which law is tyranny, with that degree of law, without which liberty becomes licence.' " Page 156.

"Basis of Authority. Authority is, therefore, based on convention, not primitive or unchanging or universal, but on the convention of a sufficient number enforced by their interest or what habit has led them to act on as their interest." Page 172.

"The protection of life and the protection of the good life alike must involve the maintenance of a peaceful order, as a condition, if man is to live either securely or well.

Social organization has been successfully built up

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through the ages as a bulwark against strife, and is firmly
based upon the cooperative inter-locking of wills." Page 187

"Whereas in the biological struggle overt conflict is more patent than coordination, in the political conflict the converse is true and the peaceful community is more in evidence than warring bodies.) In natural society, although there is union for procreation, for the rearing of the young, for protection, and even for the pleasure of companionship, the hostile relationship of victor and victim, where the conditions under which their prey lives determine the lives of the pursuers, is the one most obvious. In the political society of any civilization other than the most savage, the absolute hostility of individual against individual has been transformed or replaced by a more effective form of defence and offence, the alliance of individuals in groups against other groups. The potential hostility of individual to individual is allayed by the recognition of methods of coordinating wills, for defence, offence, and common purposes, under social conventions and laws. The requirements of success in the maintenance of interests compel this intelligent cooperation in a social system which is preexistent to the particular individual and his wishes." Pages 191 - 192

"The human will is not free, but is dependent for the content of its willing upon the stimulus of the whole complex of the interdependent environments, and for the intensity of its determination upon the intensity of that stimulus in immediate experience or in memory." Page 192-3

"This association founded on community of interest, continues Ratzenhofer, 'is no arbitrary act of individuals but an individual and social necessity.'" Page 194.
(from Wesen und Zweck der Politik, "1893)

"The object of all war, private or waged by national or other groups, as Gumplowicz points out, is to compel the enemy to serve and facilitate one's will. But if this can be attained by the less costly method of association, the labour of conquest is needless and to undertake it is a mark of unintelligent folly." Page 194

"Conflict and solidarity are complementary to each other and spring from the more fundamental elements of the individual will and of the social relationship. The society which we observe as an harmonious organization, sometimes displaying a common purpose, is a successful balance of

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straining wills - a balance perpetuated by conventions
and institutions, not simply translucent outpourings from
Eden of the streams of good-will flowing out into the
ocean of the Final Good. There is inevitable individual-
ity. Equally, the conflict which we observe is an ad-
mission that, save for a few Australian aborigines, men
cannot get out of each other's way and that they all fre-
quently want complete and exclusive possession of the same
material things - an admission of inevitable relationship.
As Francis I stated diplomatically to Charles V: 'I desire
the same as my brother of Spain.' What we observe is both
conflict and mutuality, because men have wills by a nec-
essary illusion inevitably free to choose either to coop-
erate or not to cooperate in the fashion in which they con-
front the ineluctable fact of social relationship.

"What harmony of wills exists at any time is due to an exercise of intelligence, which discovers a method, and of energy, which maintains men in an order in which the activities of each are generally consistent with the activities of the other. Everyone contributes to this energy necessary for the maintenance of stability in so far as, spontaneous cooperation apart, he deliberately exercises himself to support authority. This harmony, which it requires energy to attain and maintain, does not arise from some extraneous uniting force, such as the divine will of God considered as transcendent or the command of a semi-divine legislator or a sovereign prince considered as in a state of nature over against society, but from the wills of the members of society. Energy which might have been expended in conflict is, so far as a guarantee is concerned of our present powers and rights, more economically expended in maintaining authority. Social order, in brief, as distinct from social existence in the sense of mutual interdependence and of contiguity in family life - in the sense, that is, of inability to avoid our neighbours or to avoid influencing or being influenced by them, is not a natural fact. Solidarity is more than mutuality. Fundamentally, social order is the product of a balance of wills in a condition of energy." Pages 195-197.

"Rebellion and Dictatorship. The more essential are
thought to be the interests safeguarded by the maintenance
of a given political balance, the more pressure will be put
upon the members on the fringe of allegiance not to dis-
turb it. Allusion has already been made to this in the
discussion of the law of the inverse ratio of external
pressure and of internal liberty. For this balance depends

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Jajmani

not only on the harmony of the active units, but also on
the adjustment in one orderly system of the more active
with the more passive or controlled units. The very fact
that an organized society exists presumes a particular
kind of order or system or social control. Outside the so-
ciety any line of conduct must be fought for by wits or
arms.

"The balance is only maintained so long as the centri-
petal tendency continues, thanks to the spontaneous activ-
ity of those most benefited and active in swinging the
whole community together on one course of action under the
control of common conventions. No 'balance' can be thought
of as 'putting pressure' on itself, but a change in the
pressure of part on part, due to improved organization of
a particular group or to new material advantages arising
from a change in the environment of civilization, may result
in a shifting of the form of relation of the balanced units
or group of units. If a part begins to break away, the ef-
fect is not neutral. Treason is not neutral. It weakens
the position of the whole. And short of so vigorous a
course of conduct, the breaking of minor conventions
weakens authority and tends to upset the balance and to di-
minish the smooth way in which order is maintained and the
advantages of order reaped. Hence no members of a commun-
ity can afford to admit, as a principle, the absolute tol-
eration of the freedom of action or speech at all times
of the other members of a community. This follows from
the very nature of community, which is organization and
not aggregation." Pages 197-8.

"A well-organized group is, however, often able to
provide its own security, and is thus far on the road to
becoming an independent community if the territorial sit-
uation is such that it is not compelled actually to establish
mastery by force of arms over the others." Page 201.

"Rebellion arises when the dominant part of society (the valentior pars) is asking too much in the name of authority and giving too little. The rule of an autocrat however, is not necessarily unstable or 'unnatural' if an unprecedented security or unwonted social facilities are given by the social order which he maintains, any more than a democracy is necessarily unstable which gives unprecedented freedom. The danger, in the former case, arises from the risk of abuse of all unchecked power on the part of authority; the danger, in the latter case, is from abuse on the part of the individual." Page 201

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"The basis of the need for authority is that the wills of all men are not parallel in direction and socially concordant, but that some desire to live, and will even organize themselves to live, more easily at the expense of others, undeterred by the resentment of their victims, and not at the expense of the natural obstacles which labour and intelligence alone can overcome." Page 205.

"The greater authority may, of course, be constituted by a consensus of existing States and rest on their current wills, as the national State rests on group as well as on individual wills. It becomes an 'authority', and not merely a 'power', if all recognize themselves, or are compelled to recognize themselves, as bound by it. But it is not an authority unless it has this power to control its members and to guarantee security. The establishment, nevertheless, of such an authority is not, in the last analysis, contingent upon the fact that some States persuade or conquer the others. International and national authority depend alike upon a factor common to them both, the consentient wills of individuals who actively give or who refuse allegiance. This change of opinion is something which cannot be forced or dragooned, but will only yield to the pressure of experience - a pressure which is often painful and sometimes cruel. Only then does the balance of power cease to swing; the equilibrium is stabilized in a system susceptible of formulation in convention and of establishment in authority." Page 212.

"And whereas a pleasure in gregariousness may have held the family, as a natural association, together until it grew into the self-conscious sociability of the clan, it is hunger and the hammer of war which have welded together the social structure." Page 225.

"The word 'solidarity', it should perhaps be said, is in some ways an unfortunate, because a misleading term. It may imply rather a fusion than a balance of wills, and lends countenance to such a doctrine as is frequently implicit in so-called 'organic theories of society' - namely, that the community has a real personality or will apart from the individuals composing it." Page 226.

"Solidarity must not be understood as meaning solidity, or that fusion of wills in one superior moral will which is the source of the fallacies in the doctrine of Rousseau.

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Nor must solidarity be understood to be, not a fact, but a duty. It is a fact, but yet the product of cooperation of wills. As M. Duguit says, cooperation 'does not appear to us as a duty, but as a fact, which, as conceived by man, operates as a spring of action in consequence of his constant aspiration towards life - that is, towards diminution of suffering. We do not say that every act of social solidarity is a good in itself.' This doctrine of solidarity has significance to the extent to which it enunciates, not a voluntary duty, but a necessary condition of the accomplishment of any ends whatsoever in society - a condition which cannot be ignored, but is a fact of the texture of the social structure. Solidarity is a result of the fact of social relationship - a mutuality intensified as a logical consequence of the endeavour of necessarily related wills to secure, by some intelligent method, the execution of what is wished. 'If a man wishes to live, he must act in conformity with the social law of solidarity. Solidarity is not a rule of conduct, it is a fact, the fundamental fact of all human society. It is not an imperative, but if a man wishes to live, since he can only live in society, he rationally should' (?-if he would succeed, must) 'conform'. It is not the name for a counsel of ethical perfection to which effect should be given. This caution is necessary. For whereas M. Duguit sees in this increasing social articulation, interdependence and conventional regulation, 'a normal and inevitable phenomenon', rendered necessary in the more advanced and complex stages of civilization by increasing delicacy of coordination, he nevertheless speaks of 'cooperating in the realization of social solidarity' and of 'respect for every act of individual will determined by an end of social solidarity'. 'Man is solidary with other men; he desires solidarity because he cannot be other than solidary, and for that very reason he ought to desire solidarity' - an argument as psychologically superficial as it is logically weak, unless it be made clear that the phrase 'ought to desire' means 'it will be reasonable for him to act consonantly with solidarity, if he hopes to attain his ends'. Pages 229-231.

"The traditional structure, institutional and conventional, built up by wills and taking shape as a network of related wills in equilibrium, is stronger than any individual will or even any momentary decision of a group. Thanks to conflict, the relation of the wills is tense, but, thanks to the conditions of security and success, these wills are yet mutually interdependent, and, when mutually interdependent by a free act of choice, are 'solidary'." Page 232.

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"So solidarity is good as a means for civilization just so far as it yields more in the facilitation of human hopes than it demands in the sacrifice of freedom - so far and no more. Beyond this point lies excess of authority and the tyranny of the group." Page 234.

"It cannot be too emphatically pointed out that the individual will, even under the most primitive conditions as a member of the family group, can with difficulty be imagined as being otherwise than in a social relationship. Unless men at some time submit to the yoke of such a relationship, with its appropriate mores and mental influences, there can be no perpetuation of the species, no protection, no wealth, no civilization. Even eremites gather into conventional settlements. The solitary condition and the free contract are not serious hypotheses for political science." Pages 238-239.

"Law. A convention is the formulation of a balance of wills which has been struck and stabilized. Not only is it a system of relations; it is a system of relations recognized as being stable, appropriated by the individual as a habit of conduct, and by this appropriation in habit tending still further to stabilize the experimentally satisfactory relationship. It is a rate of exchange becoming acknowledged as a fair price. For the individual a convention is an experiment in social relations stabilized as a method. For a group of individuals it is a system of relations set up by each acting in accordance with this method. Instead of individuals finding themselves in balance, they so act as to maintain this balance. A convention is the perpetuation of an actual balance, thanks to a method adapted to maintain this balance being socially practised. It argues a degree of habituation and 'learning' instead of the mere social fact of equilibrium. It is, moreover, possible for the convention to become detached from the actual system of balance of wills." Page 257.

"The social order cannot be understood apart from an understanding of its entire texture and its material context. A society is, as a conventional organization of a given type, something more than the casual aggregate of its parts, since it is a specific and characteristic relationship of those parts, such as can only be understood if the entire organized group is considered as an organization, and not only analytically in its several constituent units or individuals." Page 278.

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158.

"Change in any conventional order in time comes. But this change may be so painless as to be almost imperceptible. Merely the day arrives when men find that the old order has passed to be replaced by a new attitude of mind which is unlike the old, and that they are living in a new world where the old suppositions do not hold. This happens where the actual system of relationships has for long become divorced from the formal conventions, when doubt about the political advantageousness of these convictions has become general, when the new relations have become sufficiently habitual to be themselves recognized as conventional without discomfort, and when support changes, without strong personal feeling or injury to the power of individuals, from the old order to the new. Conventions rest on will, not on natural fact, and can be changed by a change of will from 'nay' to 'yea'. Such a smooth, although vast change, turning what would have been profoundly shocking into what is normal, but taking place easily owing to a sense of the artificiality and maladjustment to our world of the old conventions, and to the readily apprehended convenience of the new, is to be seen in the history of established religion, or in the changed condition of women and of the conduct required of them. The change from the harsh, legal convention, whether in the blasphemy laws or in the legal disqualifications of women as not 'persons', to modern custom is radical. But the legal convention remained on paper long after it had been generally discarded from practice, and the shift of power took place without a violent sense of dispossession on the part of the Churches or of male citizens.

"On the other hand, where the convention is rigid and ancient, so that tampering with it becomes sacrilegious, and where it is also vitalized by a group heavily interested in its maintenance, the step of change from the one convention to the other becomes more steep. There is the bitter sense of dispossession of a minority trained to the habit of power, such as marks the recent history of Ulster and of Hungary, and which embitters the feud on the issue of the distribution of property. The step becomes a bastion to be taken by storm. The traditional sentiments of a whole mass of people, a large portion of the community, are aroused. The ancient system is a sharply defined and strongly interconnected whole. For the very reason that cultures are integral, and not atomic aggregates, revolutions tend to be wholesale, and to take the form of a crusade for a new culture. There are political limits, however, which even revolution seems unable to surmount, a political structure too stout to be modified in any one epoch. In Turkey the

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159.

religious beliefs of the peasant appear not to have offered
a cliff too high for Mustapha Kemal to overtop; the Catholic
Church in France, and the Orthodox Church in modern Russia,
grounded on profound immediate feelings and built up by
an immemorial culture, proved too strong for a single gener-
ation of French and Russian revolutionaries.

"If the pressure towards violent change is persisted in, if the new group is determined to press back the opposition in order to leave room for the new convention, the result may be more than revolution and the breaking down of the constitution. It may mean the breaking up of the community, the dissolving of the bonds of the system as a single unit, and attempted secession, as in La Vendee and in the Southern States. Secession of itself varies, of course (as was shown in the case of Norway), in difficulty and violence, as does revolution, in accordance with the centripetal strength of the existing constellation of relations and balance. The fast spinning-wheel or top is less easily deflected than the slow; the highly integrated social system less easily than the less integrated. Even in the more violent cases the enforcement of the new convention may ultimately succeed, unless the old conventions and institutions closely conform to, and derive their strength from, the simpler biological needs of man instead of his more sophisticated, arbitrary, and culture-made wishes. One of the most difficult and important questions is that of the degree of close relationship to instinctive demands of the existing conventions of religion, marriage and war, and their institutions." Pages 279-281.

"Unless strong psychological forces are enlisted, utilitarian change usually takes place only within these firmer conventional limits, affecting only individual or group relations or minor conventions. But whether the elasticity and capacity for change of any social system and the margin of social utility for any proposed new policy be large or small, every projected policy has a margin of utility beyond which the new restrictions and rules involved are too heavy to be worth the facilities given, or the facilities are too few to be worth the changes in old habits of freedom or of liberty through well-known and satisfactory custom. Hence the demand for new policy depends upon the degree of contentment with the old. This again depends upon the degree of habituation with the old convention and the firmness of its impression upon conduct, so that change is irksome apart from unusual stimulus." Page 282.

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"The doctrinaire is the man who imagines that all men do, or should be made to, share his indignation and resentments, in the name of their 'real interests', whereas, in fact, never having developed a wish for new things, they remain contented." Page 284.

"The will is the servant of the wish, and a wish which moves easily within the prison of convention knows no restriction in obedience to law. The law has only terrors for the law-breaker, custom is only obnoxious to the innovator, subordination to the man of ambitions, and control for him who is irked by it when new wishes seize him. But when restraint has become conscious constraint, already a wish has been formed for that which is beyond the limits, which wish is now reinforced by the constraint-hating will. Hence education may be a great disruptive influence, by enlarging men's wishes, or a great conservative force, by conventionalizing them." Pages 285-287.

"The secret therefore, of procuring a happier adjustment than by constraint, without very elaborate or troublesome changes of the balance, is to represent convention as a restraint arising from the unalterable nature of things, and by habituating the minds of the members of a community to a limited and well-known circle of wishes and demands, moral, religious, political, or whatever it may be. This circle comes to constitute an unquestioned ideal of what ought to be wished, and so long as the mass of the community can be brought to concur with this ideal, there is no need to readjust conventions which have been constructed in accordance with this generally held and stabilized ideal, or which, as the mores of the time and place, are its parents." Pages 286-287.

"Plato: Republic, III: 'But we must seek out such workmen as are able, by the help of a good natural genius, to trace the nature of the beautiful and the decent, that our youth, dwelling on it in a healthful place, may be profited at all hands; whence from the beautiful works something will be conveyed to the sight and hearing, as a breeze bringing health from salutary places, imperceptibly leading them on directly from childhood to the resemblance of, and friendship and harmony with, right reason.' This common good, which all are induced to wish for, will be regarded by all as reasonable, since all, wishing the same, find their wills parallel and hence the social system harmonious, non-contradictory, and reasonable. The harmony appears to rest, when the tune is set by those who accept a common ideal, upon something less discordant than the stress of forces and tugging of wills." Footnote, page 286.

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"Conventions are, indeed, constructions of the will, which disappear, unlike the rocks of the mountains, with a general change of will. But such a change will not be instantaneous because the individual can, quite abruptly, realize that he himself has been converted. Mass conversion involves not only turning away from the old convention, but a clear perception of higher satisfactions of men's actual wills in the new convention. The elaborately articulated system of relationships of one order can only slowly, and by experience, be changed over into an equally delicately balanced system of a new order. And although, suddenly, a body of men may realize that they want to make such a change, only gradually can they make that change effective by re-modelling by their energies the continuous social structure which supported like a living frame the old order, and must support the new. Nevertheless, if we want to change a convention, we must first change beliefs. And if we want to maintain it, we must maintain those beliefs about what is valuable and the attachment to those wishes and demands upon which this convention - which supplies the means for these demands - is founded." Page 290

"As Plate long ago observed*, the State exists for peace and not for war."

"Plate: Laws, I, paragraph 623; cf. Aristotle: Politics, II, ix." Page 336.

"But even in such a society our formula of balance would still apply that wealth and power should be divided, as has largely been the case in the past in the clerical and learned professions." Page 363.

"Critique of the Doctrine of the General Will. Any given society, then, is composed, not of an aggregate of individuals, but of an assemblage of groups. Although there has been, among many political theorists and statesmen, a singular reluctance to admit the legitimate function played in social life by parties, the abolition of all groups could only happen if the spirit of friendship, which draws together men similar and of like outlook and interests, and the spirit of hatred of that which we consider evil and injurious, were eradicated. Groups are a natural expression of the diversities and likenesses existing in the human mind and are individual character writ large. Clashes between groups can only be overcome and their interests and divergent

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162.

outlooks harmonized in terms of a broader and dominant loy-
alty. Where this greater loyalty is not equally and gener-
ally shared, peace in a society is only maintained by the
domination of one group, with its interests, outlook, ideals,
and the conventions convenient to it, over the others."
Pages 268 - 269.

"All human society, and any segment of it, is a con-
stellation of constellations, down to the group of individ-
ual atoms. This human society is not yet so organized that
all groups fall systematically into an established place in
relation to the whole. Equilibrium is reached by a balance
of power, that group which receives such support as is ade-
quate to enable it to arbitrate between the others in cer-
tain circumstances, or of which the decision and command
will be taken as final by the effectively dominant part of
the society, being, in these circumstances, the prerogative
group. The liberty of man lies in his power of selection
of the social group which he will support as order-keeping
authority, or of the group to which he will go for political
goods which he may happen to esteem higher even than peace
and order. It lies in his power to choose his political
market." Pages 374-5.

"The ruling body, thanks to superior force, is in the position of a political monopolist, which is able to accord such little liberty as it chooses, subject to fear of successful rebellion, and to demand in return obedience to so much exercise of authority as it desires to assert. It is able even to tamper with the security it confers and to give less to its subjects than it gives to those who are members of its own body, while exacting fewer restrictions, in taxation and the like, from its members than from the subject people. Nor is there any reason why such a monopoly should not last so long as the age is one of disturbance, when the price of security is high, and the ruling organization is alone effectively able to confer such little security as may be obtained. The history of the barbarian rule in the early Middle Ages exemplifies this case. Another is that of a dictatorial monopoly. Here the nature of the rule again is based on the price men are ready to pay for security; the risks and responsibilities are heavy, and the prizes of management must be proportionately large.

"Fear of military aggression is only one factor in
raising the price of security and the anxiety of men to ac-
cept any variety of it. The conditions of modern civilization

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also raise the value of security, order, and like facilities,
by making more complicated and delicate the conditions
under which a stable harmony of wills can be achieved in the
social process. And, to this extent, modern conditions, as
much as medieval conditions, provide a rich ground for the
growth of monopolistic governments, although military pro-
wess, in the one case, and technical efficiency, in the
other, will be the characteristics of what it has to offer."
Page 379.

"The temptation of every Government which is endowed
with large powers, in the shape of an unchallenged conven-
tion, in demanding duties, is that its individual members,
or the official class, or those of the dominant group be-
hind the Government, begin to further their particular ad-
vantage according to the law of the maximalization of power."
Page 380.

"Actually, however, in our present political system the
freedom of choice of the individual is almost as limited
as was the freedom of economic choice of the villager in the
Middle Ages and, throughout much of Europe, until the
eighteenth century. There is little political free trade,
and we still live politically largely in the epoch of the
provincial douane. A man is, first, a member of a State -
that is, a subject - and, secondly, a member of society -
that is, a man. Over given areas particular States are, at
the present time, the sole providers of certain social
goods. Social and statistical surveys can throw some light
upon the type of social goods which various States are
providing, and the extent to which these are, e.g., mili-
tary, police, educational, sanitary, economic, or whatever
it may be. But the areas of these States are such that,
despite a conditional freedom of emigration, the individual
has little practical freedom of choice. If the individual
requires these goods of political security and the like, he
must expect to procure them from these sources. And, even
if he does not require particular State benefits, he will
still have to labour under obligations for their mainten-
ance, as a law-abiding citizen and a tax-payer who (often)
has performed military service, if he expects to enjoy any
of those other rights and facilities which the Nation-States
will allow only to their own law-abiding and law-maintaining
members or residents."
Pages 388-39.

"The case seems to be that, although other functions of
States may be performed by other organizations, no other

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organization is so well designed as that which we call generically 'the State' to perform the function of maintaining peace and security." Page 402.

"Apart from religious settlements, municipalities moved by a strong sense of civic pride and a keen communal interest tend to be like-minded groups of the communal kind. Although possessed of police power they are, owing to ease of access and egress, *etats libres* (in Rousseau's sense of the word) such as it is neither legally nor economically impossible for the individual or family to quit, and are in effect voluntary societies. As voluntary, they are entitled to draw the logical conclusions of their own accepted principles and to enforce a single moral system upon those who choose to be members of them. The conventions which obtain in such communities can rise to far more exacting heights than those of a State, because their law is not the highest common factor of a compulsorily gathered and heterogeneous aggregate. In such voluntary communities the tension and friction between involuntary minorities and dominant majorities can be reduced to a minimum.* Towards such communities, be it a nation or be it some like-minded group of more exacting and detailed standards, the religious spirit of man, which seeks a cessation of the strife of ambition and of the chaffering about interests, naturally turns. The like-minded community can alone at once satisfy, by its co-operation in procuring for each appropriate gratifications, and allay, by its atmosphere of mutual understanding and guarantee, the pursuit of power, whose parents are the undying emotions of hope and fear. Here alone is the solution of the fundamental antinomies of Politics."

"*It seems that there would be no objection to the Fascist (or any other) experiment with the Platonic State, provided that the individual who may happen to dislike it (and had no option about being born there) were provided with equivalent employment elsewhere and a free railway pass out of Italy. Otherwise our political philosophy reposes upon a basis of force and upon the maxim that 'it is expedient that one man perish'. There is, of course, no objection to a philosophy of force except that it will not yield a doctrine of duty. Hence no moral claims can be made upon the dissident. There is no reason why a monastery should not impose even the severest discipline, so long as the monks have entered freely and may leave freely. But Platonic censorship and compulsory membership provoke among those who resent their position the opposite of a conforming moral idealism - and those who may

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never resent, never choose and have no autonomy of will,
can never grow to mental adulthood. The statement of T. H.
Green is sound that 'no rights can exist, only power,
when there is no consciousness of common interests' (or
better, 'a consciousness of no common interests' - paternal
authority over unthinking children is not a mere exercise of
'power', but the 'rights' are those which the child is
trained by his parents to expect." Pages 422-23.

"The test of social health is actual contentment, or at
least a vigorous constitution capable of remaining unaf-
fected by local disorders. Educational sedatives, from the
Platonic to the Fascist or Marxian myths, may be applied, so
long as they in fact effect a cure instead of being merely
narcotics or palliatives. The preaching of a doctrine of
social obligation will healthfully encourage the enjoyment
of duty, will produce in those who accept it the psycholog-
ical satisfaction of feeling at one with the community, and
will cure those neurotic diseases of dissatisfaction which
may arise more from an irritant ideology than from any de-
tectable maladjustments between men or groups. But to
speak of 'inculcating a respect for Authority' (in general)
is as meaningless as to speak of 'inculcating a respect for
production' (in general). The question is whether the au-
thority contributes to the good of the individual and of all
his, as he understands this good, or at least facilitates
his and their attainment of that good as far as is possible
under the social circumstances." Pages 452-3.

166.

Jajmani

Life in Early Britain (1897)

Village Communities
Corporate Character of.

"It possessed several officials, such as the blacksmith, whose duty it was to keep in repair the ironwork of the ploughs of the village, and the carpenter, who had charge of the woodwork. These officials held their lands free from the ordinary services on account of the duties which they performed for the community. The affairs of the village were arranged at the Folkmoot, which was held at some sacred tree or mound or stone. Here its officials were appointed, its lands distributed and its other business transacted. The Folkmoot was in fact a kind of village council, like those recently reestablished, but with much wider powers, since it could inflict punishments for offences against its laws.

"In all the corporate life of the village the villagers took the main, often the sole share, the cotarii were sometimes allowed to assist in it, but the servus or thew was an absolute serf, and had no part whatever in the deliberations of the Folkmoot, however much they might affect him. The class of servi or theows, sprang, says Mr. Green, "mainly from debt or crime. Famine drove men to bend their heads in the evil days for meat; the debtor, unable to discharge his debt, flung on the ground his freeman's sword and spear, took up the labourer's mattock, and placed his head as a slave within his master's hands. The criminal, whose kinsfolk would not make up his fine, became a serf of the plaintiff or of the crown. Sometimes a father would sell his children and wife into slavery when pressed by need. In any case the slave became part of the livestock of his master's estate, to be willed away at death with horse and ox, whose pedigree was kept as carefully as his own. His children were bondsmen like himself, even a freeman's children by a slave mother inherited the slave's taint. The slave had no place in the justice-court, no kinsmen to claim vengeance or guilt fine for his wrong. If a stranger slew him, his lord claimed the damages; if guilty of wrong doing, his skin paid for him under his master's lash. If he fled he might be chased like a strayed beast, and when caught he might be flogged to death. If the wrong-doer were a woman she might be burnt." " Pages 198-199.

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# The History of Aryan Rule in India
by E. B. Havell

"It is probable that the Aryans were always numerically a very minute fraction of the people of India; and even among those who called themselves Aryan there were many of mixed blood. It was by spiritual rather than physical ties that Aryans and non-Aryans were gradually bound together into a political unity with an abiding sense of nationality. In a very considerable proportion the non-Aryans retained their vernacular languages and their social customs. The Dravidians, and doubtless other non-Aryans, had a settled village system before the Aryans entered India which was not entirely superseded but rather linked on to the Aryan system; for it was a fixed principle of Aryan government that the social customs and proprietary laws of conquered people should always be respected. Thus the primitive non-Aryan village system continued to exist side by side with the Aryan, and long survived the break-up of Aryan political organization. But the fact that at the present time possibly two-thirds of India villages belong to a non-Aryan, or what is now known as the raiyatwari revenue system, does not show that Aryan civilization never affected more than one-third of the Indian population. It merely indicates that when Aryan law and organization relaxed their hold upon India society its Dravidian or non-Aryan substratum was unable to resist the disintegrating power of alien ideas introduced by the new Aryan rulers of India when they were groping blindly in the darkness of India's unknown history.

"The historian who deals with a vast country like India must inevitably indulge in generalizations which will seem misleading if applied to particular provinces or to any one of the numerous races which at one time or another came within the Aryan pale. A true history of India must be a synthesis rather than an analysis. It is therefore superfluous to attempt to describe in detail the peculiarities of non-Aryan village systems, but it is necessary to indicate briefly the broad distinctions between them and the Aryan. The Aryan system was a scientific organization based upon sanitary laws and inspired by high ethical and social ideals. It was a scheme of communal village life, worked out by the practical philosophy of one of the most highly gifted of the races of mankind, in which each section of the community and each individual member of it took their allotted shares of work for the common weal, not under

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the compulsion of an autocrat or of a ruling caste, but by
a clear perception of mutual advantage and a voluntary
recognition of superior intellectual leadership.

"The non-Aryan were empirical systems of a primitive agricultural type, such as are found in many countries. These primitive village communities were loosely knit together by tribal customs and motives of self-interest, but they possessed but little capacity for self-improvement so long as they remained outside Aryan influence and guidance. The history of Aryan village life is contained in Indo-Aryan sacred literature; its traditional organization is preserved in the canonical books of the Indian craftsman and in the planning of Indian temples and towns. The Aryan village was the basis of Indo-Aryan polity, and its history is the real history of India. The non-Aryan village system has survived and served as the foundations of the Anglo-Indian land revenue system, but before it was developed under Aryan inspiration it had no recorded history, literature, or art, and its part in the evolution of Indian civilization had been almost a negligible factor.

"Of all the non-Aryan races which inhabited India before the Aryan immigration it has been assumed, with good reason, that the most civilized were the Dravidians, and we can gather from the study of primitive Dravidian society in aboriginal Indian tribes of the present day what part Dravidian institutions took in the formation of the Indo-Aryan village system. The indigenous Dravidian system was in all probability the foundation upon which the Indo-Aryan economic superstructure was built. The Dravidian tribesmen were generally nomad hunters living in the forest, and their social system differed from the Aryan in being matriarchal instead of patriarchal. The mothers and their children formed the nucleus of a settled society; the fathers were the hunters of a different tribe whose occupation of supplying food for the common meals kept them often away from the village. The men and women of the same village had separate quarters. All the tribal social customs, including marriage, were on a communal basis - the children were the offspring of the intercourse which took place when the young men and women of different tribes met and danced together in the forest glades at the festivals of the seasons. In the more settled communities the Dravidian mothers added to the common food supplies by collecting edible roots and forest produce which could be found near the village, and began a regular system of cultivation in the perfection of which they were helped, according to

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tradition, by the friendly teaching of Aryan rishis who had retired to the peaceful seclusion of the forest for meditation. The agricultural lands of which the Dravidian tribes thus became possessed were also communal property, held in turns by different groups of cultivators according to the redistribution made periodically at the village meetings.

"The respective duties of the mothers and of the able-bodied men in this ancient communal system were thus well defined. The fathers had little concern with the affairs of their own children - all the men and women of the same tribe were as brothers and sisters.

"It is easy to understand how all the inborn religious instincts of the people became centered in the mother rather than in the father of the family, who did not live in the village and often was unknown to the children. They could never realize the conception of the Fatherhood of God; the Earth-Mother who in times of distress would demand a child victim from her worshippers embodied all their ideas of the divine. India was their mother, not their father.

"The elder men of the village, past efficient work as hunters, also had their share in the communal life. When the children were old enough they took charge of their education, teaching them all the lore of the forest, the habits of its wild denizens, the use of the weapons of the chase, and the traditional laws and customs of the tribe. The village grove where the children were taught, and where the elders discussed the affairs of the community, became the school, the parliament house, and the temple of the tribe.

"This Arcadian scheme of life, delightful in its primitive simplicity and progressive up to a certain point, had one fatal defect - that while it helped to bring all the inhabitants of a village up to the tribal standard of efficiency, it also tended to suppress any exceptional personal attitudes and individual efforts at improvement. It produced a kind of socialistic despotism, not unknown in our own times, as tyrannical in its own way as autocracy. Any member of the tribe possessed of more than average ability who dared to question the authority of tribal customs risked the punishment of immediate death or the possibly worse penalty of being expelled from the tribe. But rebels and reformers there were in those days as in this, and those adventurous spirits who escaped the anger of their fellow-tribesmen and the perils of the untracked jungle would band

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themselves together as outlaws, preying upon the more peace-
ful tribes and, when occasion offered, carrying off their
women to their hill-forts, where Durga, the Inaccessible, the
Terrible, was worshipped as the Mother with bloody sacri-
fices.

"It was amongst these bandit tribal offshoots, rather
than the original Dravidian stock with communal customs,
that the ideas of kingship, monogamous marriage, and individ-
ual ownership of property developed. A successful leader
would naturally command more authority among them than he
would in the more conservative and less aggressive society.
A wife taken by force would remain the property of the cap-
tor, and cultivated land or other spoil won in plundering
raids would be divided amongst the raiders. At the same
time, the potentialities of a higher development of culture
were often greater in this predatory state of society than
they were in the other, for it always attracted the more
intelligent and enterprising members of the village commun-
ities. In its lowest stage it produced the ferocious for-
est bandits regarded by the Aryans with horror and disgust
as rakshasas, or demons, and it culminated in the powerful
Dravidian kingdoms which the Aryans gradually subdued by
superior arms and superior intellect. But in all grades
of Dravidian civilization the primeval matriarchal prin-
ciple remained as the basis of the law of inheritance and
the foundation of religious beliefs." Pages 9 - 13.

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Social Control

by Edward Alsworth Ross

Published by MacMillan &Co.

"The Aryan system was a scientific organization based upon sanitary laws and inspired by high ethical and social ideals. It was a scheme of communal village life, worked out by the practical philosophy of one of the most highly gifted of the races of mankind, in which each section of the community and each individual member of it took their allotted shares of work for the common weal, not under the compulsion of an autocrat or of a ruling caste, but by a clear perception of mutual advantage and a voluntary recognition of superior intellectual leadership." Howell: "History of Aryan Rule in India" Page 9.

"Sympathy, Sociability and Justice."

X-x (over)

The system for the control of conduct, while it stimulates sympathy, sociability, and the sense of equity, greatly narrows the sphere of resentment." Page 40.

""when the benefits of a cooperation will rebound to the group as a whole and be enjoyed by all alike, it is necessary that all be required to assume their due share of the burden." Page 49.

"The immediate cause of the location of power is prestige. The class that has the most prestige will have the most power. The prestige of numbers gives ascendency to the crowd. The prestige of age gives it to the elders. The prestige of prowess gives it to the war chief, or to the military caste. The prestige of sanctity gives it to the priestly caste. The prestige of inspiration gives it to the prophet. The prestige of place gives it to the official class. The prestige of money gives it to the capitalists. The prestige of ideas gives it to the elite. The prestige of learning gives it to the mandarins. The absence of prestige and the faith of each man in himself gives weight to the individual and reduces social control to a minimum."

"In some cases there exists an appropriate name for the regime. When the priest guides we call it clericalism. When the fighting caste is deferred to, we call it"

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**militarism.** When the initiative lies with the minions of the state, we call it **officialism**. The leadership of the moneyed men is **capitalism**. That of the men of ideas is **liberatism**. The reliance of men upon their own wisdom and strength is **individualism**." Pages 78, 79.

## "Social Control

### I. Sanctions of Punishments and Rewards

1. Social (public opinion)

2. Legal (law)

3. Supernatural (belief)

### II. Sanctions of Suggestion

1. Sentiments and ideas

2. Education

3. Custom

### III.

1. Social Religion
Influence the feelings

2. Personal Ideals - the type
of individuals in ways

3. " " - the ideal
that shall conduce to

4. Ceremony
harmony. Obedience and

5. Art
respect for the rights

6. Personality
of others." Page 291

1. Enlightenment

a. Physiological consequences

b. Psychological consequences

c. Social consequences. Impulse.

2. Illusion

a. Pseudo-consequence

b. Solidarity

c. Asceticism

d. Character

e. Moral Philosophy

3. Social Valuations

Modifying
conduct through
the judgment.

Best tools of social control will be "law, belief in the supernatural, custom, ceremony and illusion." Page 381.

"Props of parasitic rule, as history has revealed them over and over again are force, superstition, fraud, pomp and prescription." Page 382.

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"The virtue of superstition as manipulated by a parasitic class is that it causes the masses to look upon the priest as their only protector against the Unseen. The power thus accruing to the sacerdotal order may avail to support direct clerical exploitation through gifts and payments for priestly services, or, in return for places and privileges, immunities and exemptions, it may be placed at the disposal of other parasitic classes." Page 386.

"Finally, a ruling class profits by prescription. For the secret of the stability of an oppressive social system is not always in the weapons, or even in the prestige, of the class that sits aloft. Whatever be the relations it fixes between master and slave, lord and serfs, priest and flock, prince and subject, the system by its very existence utters an imperious suggestion which few can resist. The young, drawing from their native feelings their ideas of what is fit and right, may criticise the established order; but a long steeping in the silent, overmastering presence of institutions adapts their notions of what is fit and right to the relations that are, and fosters a spirit of acquiescence." Pages 391, 392.

"Another cause of vicissitude in social control is change in the culture and habits of a people. The beliefs in the unseen, religious convictions, personal ideals, canons, maxims, ceremonies, moral philosophies, and social valuations which serve for control are a secular growth, and as such are adapted to collective needs. Let these be greatly deranged by fresh knowledge, new ideas, foreign influences, or novel experiences, and there will ensue during the time of convalescence an outburst of individualism. There will be a temporary emancipation from restraints, and a reversion toward primitive modes of behavior. In such cases we have what might be called molecular dissociation, that is, an increase of evil, crime, and strife without any cleavage of the social mass." Page 404.

## Limits of Social Control

Canon I. "Each increment of social interference should bring more benefit to persons as members of society than it entails inconvenience to persons as individuals." Page 419
*(The gain that comes through joint action)*

II. "Social interference should not lightly excite against itself the passion for liberty." Page 420.

*(Whipping makes him balk - the passion for liberty -
limits particularly that social influence which calls for pressure.)*

W. H. Wiser