lect04-第4节
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households in their period; therefore it is that they introduced
boundaries in Ireland。 These curious statements can; of course;
only be regarded as authority for the existence; at the time when
they were penned; of a belief that a change from a system of
collective to a system of restricted enjoyment had occurred at
some period or other in Ireland; and of a tradition respecting
the date of the change。 But it is instructive to find both of
them attributing it to the growth of population; and an especial
interest attaches to the account given in the 'Liber Hymnorum' of
the newer distribution of land which was thought to have taken
the place of something older。 The periodical allotment to each
household of a definite portion of bog land; wood land; and
arable land wears a strong resemblance to the apportionment of
pasture and wood and arable land which still goes on in our day
under the communal rules of the Swiss Allmenden (see Laveleye;
'P。 et s。 F。 P。;' pp。 268 et seq。); and which is an undoubted
legacy from the ancient constitution of certain Swiss Cantons as
Teutonic Hundreds。
Property in Land; wherever it has grown out of the gradual
dissolution of the ancient cultivating communities; has many
characteristics which distinguish it from the form of landed
property with which Englishmen and men of English race are best
acquainted。 The area within which this last form of property is
the sole or dominant kind of ownership is now much larger than it
was; through its diffusion over all North America; except Mexico;
and over all colonies settled for the first time by Englishmen;
but our nearly exclusive familiarity with it has led; I think; to
our very commonly over…estimating the extent to which it prevails
over the world; and even over Western Europe。 Its parentage may
be traced; not to the decaying authority of the Tribe over the
severalties of the tribesmen; but to the ever…increasing
authority of the Chief; first over his own domain and 'booked'
land; and secondarily over the tribe…lands。 The early growth of
the power of the Chief is thus of the utmost interest in the
history of landed property; and I propose to discuss it at some
length in the sUCceeding Lectures。 Meantime; let me say something
on the transmutations which Patriarchal Power is observed; as a
fact; to undergo in the assemblies of men held together by
kinship which are still found making a part of Aryan communities。
The Joint Undivided Family; wherever its beginning is seen in
such communities; springs universally out of the Patriarchal
Family; a group of natural or adoptive descendants held together
by subjection to the eldest living ascendant; father;
grandfather; or great…grandfather。 Whatever be the formal
prescriptions of the law; the head of such a group is always in
practice despotic; and he is the object of a respect; if not
always of an affection; which is probably seated deeper than any
positive institution。 But in the more extensive assemblages of
kinsmen which constitute the Joint Family the eldest male of the
eldest line is never the parent of all the members; and not
necessarily the first in age among them。 To many of them he is
merely a distant relative; and he may possibly be an infant。 The
sense of patriarchal right does not die out in such groups。 Each
father or grandfather has more power than anybody else over his
wife; children; and descendants; and there is always what may be
called a belief that the blood of the collective brotherhood runs
more truly and purely in some one line than in any other。 Among
the Hindoos; the eldest male of this line; if of full mental
capacity; is gene rally placed at the head of the concerns of the
joint family; but where the institution survives in any
completeness; he is not a Paterfamilias; nor is he owner of the
family property; but merely manager of its affairs and
administrator of its possessions。 If he is not deemed fit for his
duties; a 'worthier' kinsman is substituted for him by election;
and; in fact; the longer the joint family holds together; the
more election gains ground at the expense of birth。 The head or
manager of the Sclavonic House…Communities (which; however; are
much more artificial than the Hindoo Joint Families) is
undisguisedly an elective representative; and in some of our
examples a council of kinsmen belonging to the eldest line of
descent takes the place of an individual administrator。 The whole
process I will describe as the gradual transmutation of the
Patriarch into the Chief。 The general rule is that the Chief is
elected; with a strong preference for the eldest line。 Sometimes
he is assisted by a definite council of near kinsmen; and
sometimes this council takes his place。 On the whole; where the
body of kinsmen formed on the type of the Joint Family is a
purely civil institution; the tendency is towards greater
disregard of the claims of blood。 But in those states of society
in which the brotherhood is not merely a civil confraternity; but
a political; militant; self…sustaining group; we can perceive
from actually extant examples that a separate set of causes come
into operation; and that the Chief; as military leader; sometimes
more than regains the privileges which he lost through the decay
of the tradition which connected him with the common root of all
the kindred。 True patriarchal authority; however; revives
whenever the process of expansion into a group is interrupted and
whenever one of the brotherhood plants himself at a distance from
the rest。 A Hindoo who severs himself from a Joint Family; which
the law as administered by the English tribunals gives him great
facilities for doing; acquires much greater power over his
family; in our sense of the word; than he had as a member of the
larger brotherhood。 Similarly; in the developed Joint Family or
Village…Community; as the little society becomes more populous;
as the village spreads; as the practice of living in separate
dwellings extends; as the land rather than the common lineage
gets to be regarded as the cement of the brotherhood; each man in
his own house practically obtains stringent patriarchal authority
over his wife; children; and servants。 But then; on the other
hand; the separated member of the joint family; or the head of
the village household; will himself become the root of a new
joint brotherhood; unless his children voluntarily dissolve the
family union after his death。 Thus all the branches of human
society may or may not have been developed from joint families
which arose out of an original patriarchal cell; but; wherever
the Joint Family is an institution of an Aryan race; we see it
springing from such a cell; and; when it dissolves; we see it
dissolving into a number of such cells。