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lecture ii-第4章

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    A few words will suffice to give a general idea of the
dependence in which the children are placed as regards their
parents; and more especially their father。 The patriarchal
character of the Russian family plainly appears in the fact that
no amount of bad treatment on the part of the parents justifies
an appeal to the village tribunal; unless it involves danger to
life or limb。 In such cases; the nature of which makes it
difficult to establish the facts before a Court of Law; the
further maintenance of the child is generally committed to some
near relative。 
    The complete dependence of the children upon their parents in
respect to fortune is proved by the fact that neither son nor
daughter can claim any portion of the family estate。 The father
can; as he pleases; give or refuse a dowry to his daughter。
Should she marry against his wish no dowry is given; and she
enters penniless into her husband's family。 It equally depends
upon the father's pleasure whether he shall transfer a portion of
his property to a grown…up son; or maintain it intact in spite of
his son's manifest wishes。 An act of insubordination on the part
of the son; as for instance; his marrying without permission; may
become the occasion for his complete disinheritance by the
father; at least so far as the father's fortune is concerned。 I
make this exception; inasmuch as; besides his share in the
father's fortune; the son may be enabled to inherit from his
mother's estate; or may possess property' the gift of some
relative Or friend。 Such property must be scrupulously guarded by
the father whose rights over it are only those of the natural
guardian of his son's fortune。 
    Hitherto we have spoken of the Russian family as of a kind of
natural society; created by marriage and continued by the birth
of children; but side by side with this form of family
organisation; differing only in detail from that of Western
Europe; there exists in Russia a peculiar mode of family
communism。 In various parts of the country numerous persons;
sometimes amounting to fifty and rarely to less than ten; are to
be found united in a common household; living under the same roof
and taking their meals at the same table。 A family constituted
after this fashion is known to English scholars under the name of
〃The Joint Family〃 or 〃House Community。〃 Sir Henry Maine has made
the notion of it generally familiar through his marvellous
investigations in the early law of Ireland and the modern customs
of Northern India。 He has also correctly settled the question of
its origin by appealing to natural increase and non…division as
the real sources of its growth。 He has even made an attempt to
show that it was not limited to distinct peoples or races; but
that; notwithstanding the immense distance which separates the
Eastern or Hindoo branch of the Aryan race from the European
branches; notwithstanding; also; the difference in the historical
development which may be traced between its Celtic and Slavonic
ramifications; joint households are as likely to be met with in
the defiles of the Himalayas as in the plains of old Erin or of
modern Servia。 Taking advantage of the recent investigations made
by Professor Bogisic in the customary law of the Southern Slavs;
Sir Henry Maine has presented a lively picture of the interior
organisation of the famous Servian 〃Zadrouga;〃 which; as he
shows; has more than one feature in common with the House
Community of the Rajpoots。 The barrier of language; of which he
so often complains; prevented this master in the field of
comparative jurisprudence from completing his studies of the
patriarchal system of House Communities by investigating the
Undivided Household of Great Russia。 This Undivided Household has
been recently the subject of numerous and serious inquiries on
the part of Russian ethnographers; and the results of their
investigations I desire now to lay before you。 
    First of all let me tell you that the undivided household of
the Eastern Slavs is a very ancient institution。 In the so…called
Chronicle of Nestor; mention is made of the 〃gens〃 organisation
of the Polians; a Slavonic tribe; dwelling as I have already
said; on the banks of the Dnieper。 The Polians are stated to live
(I translate literally) 〃each ruling his own kindred or gens (rod
svoi) and occupying distinct localities。〃 This rather obscure
text authorises the supposition that the Polians were divided
into independent house…communities; each of which possessed its
own piece of land。 Another reference is made to these Undivided
Households in one of the paragraphs of the Pravda of
Jaroslav;(2*) a sort of Mirror of Justice compiled in the middle
of the eleventh century; by order of the Grand Duke Jaroslav; son
of that Vladimir who introduced Christianity into Russia。 The
frequent occurrence of South Slavonic terms in this the oldest
Russian code; such; for instance; as that of 〃bratouchada〃 (the
son of the brother; the nephew) confirms the hypothesis first put
forth; so far as I know; by the well…known professor of Russian
history at Moscow; Mr Kluchevsky; that the work of codification
had been entrusted to some southern Slav。 This is the more likely
as owing to the recent introduction of Christianity and learning
into Russia; there was a lack of well…educated natives; so that
the Byzantine Church had frequently to have recourse to priests
of South Slavonic origin; in order to propagate the Gospel and
the elements of learning among their eastern and northern
brethren。 Old Russian being much more like the language into
which the Holy Scriptures had been translated; and the Slavonic
dialect of the translation being that of the Southern Slavs;
priests of Bulgarian or Servian origin were the fittest persons
in Russia to be employed in this work。 The translation of Greek
texts; the transcription and composition of Slavonic and Russian
MSS。; as also the first attempts at a written exposition of
Russian customary law would equally fall into their hands。 The
share of。 a Southern Slav in the work of codification would
explain the presence in the Pravda of Jaroslav of a term which
has led to much comment。 The word in question is verv。 Various
guesses had been made as to its meaning; when at last Professor
Leontovitch had the good fortune to find it used in an old South
Slavonic customary; the statute of Politza; and that in the sense
of Undivided Household or House Community。 The sense agrees with
the context of the two paragraphs in which the word is used in
the Pravda。 In one of them mention is made of a case where the
body of a man belonging to the 〃following〃 of the duke has been
found within the limits of a verv; and the other says that in
such a case the whole verv must pay in common a fine similar to
that which was inflicted in England in such cases during the
reigns of William the Conqueror and the early Plantagenets。 
    A 〃verv;〃 paying in common a sort of pecuniary composition
for a crime supposed to have been committed by one of its
members; a 〃verv〃 possessing its own proper limits; and therefore
its own territorial possession; exactly corresponds to a
house…community; in w
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