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lect03-第4章

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need hardly say; any Roman Empire。






    The new knowledge which has been rapidly accumulating of late






years enables us to track precisely the same transmutation of






ideas amid the smaller groups of kinsmen settled on land and






forming; not Commonwealths; but Village…Communities。 The






historian of former days laboured probably under no greater






disadvantage than that caused by his unavoidable ignorance of the






importance of these communities; and by the necessity thus






imposed upon him of confining his attention to the larger






assemblages of tribesmen。 It has often; indeed; been noticed that






a Feudal Monarchy was an exact counterpart of a Feudal Manor; but






the reason of the correspondence is only now beginning to dawn






upon us; which is; that both of them were in their origin bodies






of assumed kinsmen settled on land and undergoing the same






transmutation of ideas through the fact of settlement。 The






history of the larger groups ends in the modern notions of






Country and Sovereignty; the history of the smaller in the modern






notions of Landed Property。 The two courses of historical






development were for a long while strictly parallel; though they






have ceased to be so now。






    The naturally organised; self…existing; Village…Community can






no longer be claimed as an institution specially characteristic






of the Aryan races。 M。 de Laveleye; following Dutch authorities;






has described these communities as they are found in Java; and M






Renan has discovered them among the obscurer Semitic tribes in






Northern Africa。 But; wherever they have been examined; the






extant examples of the group suggest the same theory of its






origin which Mr Freeman ('Comparative Politics;' p。 103) has






advanced concerning the Germanic village…community or Mark; 'This






lowest political unit was at first; here (i。 e。 in England) as






elsewhere; formed of men bound together by a tie of kindred; in






its first estate natural; in a later stage either of kindred






natural or artificial。' The evidence; however; is now quite ample






enough to furnish us with strong indications not only of the mode






in which these communities began; but of the mode in which they






transformed themselves。 The world; in fact; contains examples of






cultivating groups in every stage; from that in which they are






actually bodies of kinsmen; to that in which the merest shadow of






consanguinity survives and the assemblage of cultivators is held






together solely by the land which they till in common。 The great






steps in the scale of transition seem to me to be marked by the






Joint Family of the Hindoos; by the House…Community of the






Southern Sclavonians; and by the true Village…Community; as it is






found first in Russia and next in India。 The group which I have






placed at the head; the Hindoo…Joint Family; is really a body of






kinsmen; the natural and adoptive descendants of a known






ancestor。 Although the modern law of India gives such facilities






for its dissolution that it is one of the most unstable of social






compounds; and rarely lasts beyond a couple of generations;






still; so long as it lasts; it has a legal corporate existence;






and exhibits; in the most perfect state; that community of






proprietary enjoyment which has been so often observed; and (let






me add) so often misconstrued; in cultivating societies of






archaic type。 'According to the true notion of a joint undivided






Hindoo family;' said the Privy Council; 'no member of the family;






while it remains undivided; can predicate of the joint undivided






property that he; that particular member; has a certain definite






share。。。。 The proceeds of undivided property must be brought;






according to the theory; into the common chest or purse; and then






dealt with according to the modes of enjoyment of the members of






an undivided family。' (Per Lord Westbury; Appovier v。 Rama Subba






Aiyan; 11 Moore's Indian Appeals; 75。) While; however; these






Hindoo families; 'joint in food; worship; and estate;' are






constantly engaged in the cultivation of land; and dealing with






its produce 'according to the modes of enjoyment of an undivided






family;' they are not village…communities。 They are only






accidentally connected with the land; however extensive their






landed property may be。 What holds them together is not land; but






consanguinity; and there is no reason why they should not occupy






themselves; as indeed they frequently do; with trade or with the






practice of a handicraft。 The House…Community; which comes next






in the order of development; has been examined by M。 de Laveleye






(P。 et 8。 F。 P。; p。 201); and by Mr。 Patterson ('Fortnightly






Review;' No。 xliv。); in Croatia; Dalmatia; and Illyria; countries






which; though newer to us than India; have still much in common






with the parts of the East not brought completely under Mahometan






influences; but there is reason to believe that neither Roman law






nor feudalism entirely crushed it even in Western Europe。 It is a






remarkable fact that assemblages of kinsmen; almost precisely the






counterpart of the House…Communities surviving among the






Sclavonians; were observed by M。 Dupin; in 1840; in the French






Department of the Ni鑦re; and were able to satisfy him that even






in 1500 they had been accounted ancient。 These House…Communities






seem to me to be simply the Joint…Family of the Hindoos; allowed






to expand itself without hindrance and settled for ages on the






land。 All the chief characteristics of the Hindoo institution are






here  the common home and common table; which we always in






theory the centre of Hindoo family life; the collective enjoyment






of property and its administration by an elected manager。






Nevertheless; many instructive change s have begun which show how






such a group modifies itself in time The community is a community






of kinsmen; but; though the com m on ancestry is probably to a






great extent real; the tradition has become weak enough to admit






of considerable artificiality being introduced into the






association; as it is found at any given moment; through the






absorption of strangers from outside。 Meantime; the land tends to






beco
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