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MAX WEBER GEN ERAL ¢ ECONOMIC HISTORY COLLIER BOOKS NEW YORK, N.Y. ‘This Collier Books edition is published by arrangement with The Free Press. Collier Books is division of The Crovwell- Collier Publishing Company. First Collier Books Edition 1961, Hecho en los EEUU. Printed in the United States of America \ Contents Part One/Household, Clan, Village and Manor 1 Agricultural Organization and the Problem of ‘Agrarian Communism ‘The German agrarian organization, 21—Settle- ‘ment relations, 22.—Property relations, 23.—Class relationships in the peasantry, 24.—Spread of the Germanic settlement form, 26—Westphalia, 26. — Alpine economy, 27_—The Zadruga, 27.—Vestiges of Roman field divisions, 27.—Origin and dissolu- tion of the Germanic, agrarian system, 27.—The Celtic agrarian organization, 30.—The Russian Mir, iis effects on economic life and its origin, 32— ‘The Dutch-BastIndian field system, 33—Chinese agrarian organization, 34.—Indian agrarian organi- zation, 34—The German Gehdferschaft, 35—The theory of primitive agrarian communism, 36.— Primitive agriculture, 36 2 Property Systems and Social Groups (A). Fors of Appropriation (B) The House Community and the Clan ‘The small-family, 38—The socialistic theory of the origin of marriage, 38.—Prostitution, 40—Sexual freedom and its forms, 42.—Other historical stages ff sexual life in the socialistic theory, 43.—Leziti- ‘mate marriage under patriarchal law and its con- trasts, 44 (C). The Evolution of the Family as Conditioned by Economie and Non-Economic Factors Primitive economic life; the theory of the three eco nomic stages, 45.—Division of labor between the sexes and types of commvinalization, 45.—The ‘men's house, 46.—The struggle between patriarchal and matriarchal law, 48—Group marriage, 48, Patriarchal authority of the man, 49. (D) The Evolution of the Clan Types of clans, 49.—Organized and unorganized clans, 49.—History of the clan, 50—Prophecy and the clan, 50,—Bureaucracy and the clan, SI. a 37 37 38 45 49 (B) Evolution of the House Community ‘The primitive house community and property rela- tions, 51—Development into other forms of eco- nomic organization, 52—The patriarchal house community, 52.—Its dissolution, 52,—Monogemy as the exclusive marriage form, 53. The Origin of Seigniorial Proprietorship The small-faily as point of departure, $4—Roots of seigaorial proprietorship: Chietaiship, $8— Conquest of hostile populations, commendation, Seignora! landsetUemeat and Tessing, $8 cal charism, 'S6—Individual trade,” $6. foots of seignioral proprietorship, various forms, S?—Individual trade of prince, rigation culture of the modern orient, 57--Olkoveconomy, 53.— ‘Taxation systems of princes, 89-—Methods of ox plolting the taxing power, 6.—Delegation of tax- tion fo chieftain" or landed proprietor, 60— Seignorial proprietorship in colonial regions, I. The occidental, Jepatese and Russian feudal Systems, 62 ‘The Manor Conditions back of the development of the manor, 63.—Immunity and judicial authority, 64.—Pre- aria and beneficium, 64—The manorial holding (Eronhof), 64—Political (*socage") _ district (Bannbezirk) and manorial law, 65—Freedom and untreedom of the peasant, 65—Exploitation ‘of the peasant by rent exactions, forms of these, 68. ‘The Position of the Peasants in Various Western Countries before the Entrance of Capitalism France, 69.—Italy, Germany, 70—England, 72. Capitalistic Development of the Manor (A) The Plantation ‘Types of plantations, 72,—Plantations in antiquity, 73—The southern states of the U. S. A, 74 (8) Estate Economy ‘Types of estates, 76.—Stock raising without capital ‘or with litte capital, 76.—Intensive capitalistic pas- ‘oral economy, 76.—Cereal production in England, 71.—Russia, 7—Germany, the west, 78—the east and “hereditary dependency,” 79.— Organiza tion of an east-Elbe estate, 80.—Poland and White Russia, 81. st 4 63 0 n n 16 (C), The Dissolution of the Manorial System Causes and processes of liberation of land and peasants, 81—Various countries: China, 83;— India, the near east, 84;—Japan, 84;—Greece and Rome, 84;—England, 85;—France, 86;—South and west Germany, 86;—East Germany, Austria, 87;— Prussia, 89;—Russia, 91. The present agrarian or ganization, 93.—Inheritance law, primogeniture, 93,—fidei-commissa and entails, 93—Political re sults of the break-up of feudalism, landed aristoc- racies, 93—Private property in land, 94. ‘Scope of the concept of industry, 97.—Types of rawematerial wansformation, 97—Industry in the house community, division of labor between the sexes, 98.—Specialization and communal labor, 98. Skilled trades, 99.—Relation of the worker to the market, 99—10 the job, 100—to the place of work, 100—to the dxed investment, 100, 8 Stages in the Development of Industry and Mining House industry and tribal industry, 101—Types of inter-group specialization, castes, 102—Local specialization, demiurgical labor, 102.—Specializa- tion in village industry and onthe feudal manor (Fronhof), 102.—On the estate or oikos, 102— ‘Transition’ to production to order and for the market, the worker as labor power or as rent~ Feges L0¢— Shop industry and ergasteron, 104 — ferences in the labor organization of antiquity ‘and of the middle ages, slavery, 107—Medieval craftmen andthe town, 109—and industrial orgen- izations, 110. 9 The Craft Guilds The nature ofthe guild, 110—Untree guilds, 110, lie guilds, 11.—Guild policy, infernal 1i2,—enternay 114-—Laier produets of guild pol ita ae 10 The Origin of the European Guilds ‘The manorial law theory, 116,—eriticized, 116.— Production of skilled craftsmen by the feudal aL Part Two/Industry and Mining Down to the Beginning of the Capitalistic Development 7 Principal Forms of the Economie Organization of Industry 7 101 110 116 manor, 117.—Free and unfree craftsmen, 118— Guild, ‘town and town lord, 119.—Livelibood pol icy of the guilds, 119—Guild struggles, with reral workers, laborers, merchants, 119.—Guild wars, 1. 11 Disintegration of the Guilds and Development of the Domestic System Displacement of the guild, rise of craftsmen to position of merchant and factor, 122.—Subdivision And fosion of guilds, 124.—Rélation to importer and exporter, 134—Domestic industry, its varying development in European countries, 125.—Stages in the development of the domestic or putting-out system, 127—Domestic industry over the world, 27. 12. Shop Production. The Factory and Its Fore-Runners Forms of shop production, factory and manufac- tory, 128—Prefequisites of the factory, steady, mais demand and eficient technology, 129,~sup- ply of free labor, 129.—Fore-runners of the factory fo’ the ‘west, commuaal establishments, 130— rivate establishments (early English factories), Poitnew developments through the interaction of specialization ad combination of labor and ‘pplication of non-human power, 133.—The mar- Ket of the spocialized large industry, political de- rand, loxory demand and subsite luxuries, 134 Monopoly and sate conctsion as bss of oder large-scale industry, 133.—Relation between fac- tony, craft work, domestic industry and machinery, 136.—Resuls of factory industry for entrepreneut and laborer, 136—-Obstacles t@ development of shop industry into the modera factory im various coutres, 137. 13 Mining Prior to the Development of Modern Capitalism Mining the first fleld industrialized, 139.—Legal problems, 139.—History of mining law and of {niaing, earliest mining outside the ovcident, 140,— Greece, 140,—Rome andthe middle ages, 141,— Germany, 141,—other western countries, 142.— Periods ia the history of German mining in the middle ages, 142—Development of industrial forms down to the appearance of modern capital ism, 144—Smelteries, 147—The ore trade, 148, Coal mining, 148. 122 128 139 ™ Port Three/Commerce and Exchange in the 4 1s 16 Pre-Capitalistic Age Points of Departure in the Development of Commerce Oldest trade that between ethnic groups, 151. Pedaling, 151.—Trading castes, 151,—The Jews as fan outcast commercial class, 151—Seigniorial trade and its varieties, 152—Gift trade and trade of princes, 153. ‘Technical Requisites for the Transportation ‘of Goods Primitive transport conditions, 153.—Land trans- port and its primitive possibilities, 153.—Water transport, 154—Navigation, 154—Development of salling, 155. Some aaa ee eer aig ot pps ad prs prom eat aac amen alates pea See cacao ia eal ee eset ee hiagssct a icnatise Leas eee ee ey ae Ser tee Se rene anes in mi Se Sel Ecicn merit fe con 162 faz atin Sa, on owes ae re (B) The Resident Trader Pena estat cal aeoen eee Tore age fe colder! oan See grove ae we om Seek i meena emcee ey Sea at Bet 166 for interme of opportniy, 16, eg fr ral py of oper ‘—Street and staple compulsion, 168.—Struggles Sara one compu, 18S PAGE 1 51 153 155 155 164 (C) The Trade of the Fairs ‘Nature of the fair, 168—The fairs of Champagne, 169.—Other fairs, 169. 17. Forms of Commercial Enterprise Calculability and association of interest, 170- Position numerals, accounting and the’ trading company, 170.—The commend as occasional en- texprise, 171.—Origin of permanent organization for commercial enterprise, 172—Credit and the ‘means of guaranteeing it, house-community aad joint liability, 172—Separation of the property of the company, 173.—The commandite, 174,—Han- seatic company forms, 174. 18 Mercantile Guilds Nature of the mercantile guild, 175—Local guilds ‘of foreigners in the west, the hanses, 175.—Guilds fof resident traders in China and India, 175,—ia the west, 176.—History of the occidental guilds, 176.—Commercial policies of guilds, especially the German hanse, 178, 19 Money and Monetary History ‘Money and private property, 179.—The functions fof money, money at means of payment only, do- ‘estic money, 179.—Money as means of accumula tion aad mark of class distinction, 180.—Money as 2 general medium of exchange, 181.— Varieties of money, 181.—Valuation of different forms, 181.— The precious metals as the basis of the monetary system, 182.—Coinage, 183—Technique of coin ing, 183—Metallic standards, 184.—History of gold and silver values, eastern Asia and the ancient fast, 185.—Rome and the middle ages, 185— Coinage debasement in the middle ages, 187.—Free coinage, 188.—Increase in overseas production of the precious metals from the 16th century, 188— Obstacles to the rationalization of money, 189.— Modera monetary policies, 190. 20 Banking and Dealings in Money in the Pre-Capitalistic Age Character of the oldest banking transactions, 191. —Banking ia Rome, 192—Temple banks and state monopolization of banking in antiquity, 193.— Functions of the medieval bank, 193.—Liguidity, establishment of banking monopolies, 195-—The 168 170 us 179 191 aa bill of exchange, 196—Banking in England, the Bank of England, 197.—Banking outside of Bu- rope, China and lndia, 199 Interests in the Pre-Capitalistic Period Absence or prohibition of interest in early society, 200.—Evasion of the prohibition, the chattel loan, 201.—Medieval methods of meeting the need for credit, ecclesiastical prohibition of interest, 202 — ‘The role of the Tews, 202,—of Protestantism, 202, Port Four/The Origin of Modern Copitalism 2 26 ‘The Meaning and Presuppositions of Modern Capitalism Capitalism a method of provision for want satisfac- tion, 207-—Capitalstic supply of everyday require. menis peculiar to the occident, 207.— General requisites for the existence of capitalism, 208.— Caleulable law, 208 The External Facts in the Evolution of Capitalism Commercaliztion, 209—The stock company, war-loans, 209.—Financing of commercial under takings, the regulated company, 211.—The great coloaial companies, 211-—Finaacing by the state ‘dministration without s budget, tax farming, 212. The exchequer, the speciaklevy system, 212— Monopoiies, 213. ‘The First Great Speculative Crises ‘Speculation and crises, 214—The tulip craze, 214 —Toha Law, 214—Eogland, the South Sea Com: any, 216.—Later speculative crises, 217.—Capital Ereation, the age of iron, 217. Free Wholesale Trade Separation of wholesale from retail trade in the 1Bthcentury, forms of wholesale organization, 218, —the fair and the exchange, 219.—News service dnd the wholesale trade, 220.— Commercial orgaa- ization and transportation, 220. Colonial Policy from the Sixteenth to the Eighteenth Century ‘Accumulation of wealth through colonial exploita: 200 207 209 214 218 221 tion, 221.—Slavery and the slave ade, 222=— + Colonial trade and capitalism, 223—The end of capitalistic exploitation of colonies with abolition of slavery, 223. 27. The Development of Industrial Technique Factory, machine and apparatus, 224.—The eatliest true factory in Eagland, 225.—Cotton manufac ture crucial in the rationalization and mechaniza- tion of work, 225—Prinary role of coal and iron, 226,—Results, liveration of production from the limitations of organic materials and of labor, and from tradition 227.—The recruiting of the labor force, 227.—The market of the factory, the mili- tary demand, 228.—The luxury demand, 229.— ‘Mass demand, 230—The price revolution of the 16th and 17th centuries, 230.—tnventions, 231— Characteristics and cautes of western capitalism, 232—Historical conditions ofits development, 232. 28 Citizenship Citizenship as an economic, political, and social Sloss contept, 233-—Contabitions of the ly in Yaron elds of caus, 254 Various mesbigs ofthe tm city, 235.—~Cty as a unitary commu Bec oh ocien,Yeaouy for ih 236-— gin in oath of brotherhood, 236-—-Rise of in the east provented by pectllantes of military organization, 237-—Irnigadion culture and admit {trative organization, 237.—Obstasis in of magic, 238.—-Sinilariice between cles of Snuiguity and of the middle ages, 259.—between clasieal ad medieval democracy, 240.—Contrast between ‘lasical and medial’ democracy, ab- sence of the gull and guild policy in the former, 241—Antiquty characterized instead by cone’ between laadowners and landless, 243-—and by increasing sharpoess of class distinctions with grow of democracy, 244—The ancient city as & Pollical gulld-with tlltary acquisve interests, od chronic war as its normal Sond, 245-— Contrasts in “wban developmest between. south and aorth in medieval Europe, 246.—The city and apitalian, terational capitalism, 247—Ratioual apltalisma product ofthe ocident since the close of the middle ages, 247-—In antiquity the cites fose thelr freadom to the Bureaueraically organ. feed sate and world-empire, which throtled cap. italia wilt compulsory contributions and setY- fees, 247.—in todera! times they Tose. it to Competing national sates which are forced into Silanes with capitan, 248. 224 233 y 29 The Rational State (A). The State Itself; Law and Offcialdom ‘The rational state peculiar to the occident, 249.— ‘Administration by’ specialists and rational law, 249,—Roman lav, rationalization of procedure ‘through interaction with canon law, 250.—Revival ‘of Roman law and capitalism, 251.—Historical escent of characteristic institutions of capitalism, 252.—Formalistic law and capitalism, 253. (B) The Economie Policy of the Rational State Fiscal interests and public welfare the two types of state economic polity before the development of ‘mereantilism, 253—Obstruction of deliberate eco- nomic policy in the east by ritualism, caste, and clan, 254.—The occident, Ueginnings of economic icy on the part of rulers under the Carolingians, 1S4—Fconomic policy of the Church, especially Of the monasteries, 254—The Emperor and the territorial princes, 255—England, 255. ep Renesas uae eee eee rs tn pene eau ape, e-_agant duns 1s tone, eral sora feenmune naa powcr, 257) natalie meen, 3 eres of apa naga alo eee ore 30. The Evolution of the Capitalistic Spirit Neither population growib nor importation of pre- cious metals crucial in creating western capitalism, 258.—External conditions of its development, 260, ‘—Rationalistic economic ethic. decisive, 260— History of economic ethies; at the beginning, tra- ditionalism, stereotyping of conduct, 260.—Inten- sification of traditionalism by material interests and by magic, 261.—Traditionalism not overcome by the economic impulse alone, 261.—Breakdown of opposition of internal and external ethics, 262, Capitalism necessarily arises in a region with an ethical theory hostile to it, 262—Bconomic ethics, ‘of the Church, 263.—The Jews bad no part in the creation of modern capitalism, 263.—Tudaism gave 249 249 283 255 258 Christianity its hostility to magic, 264—Overthrow ‘of magic by rational prophecy, 265.—Prophecy Notes absent in China, in India created a religious aris- tocracy, 265.—Judaism and Christianity plebeian religions, 266.—Significance of asceticism for ra- tionalization of life, Tibet, medieval monasticism, 267.—Diffusion of the old religious asceticism ‘over the worldly life by the Reformation, 268. — ‘The Protestant conception of the calling, and cap- itelism, 269.—Protestant-ascetic economic ethics stripped of its religious import by the Enlighten- ‘ment; social consequences, 270. Index of Names Subject Index. age 2m 276 278 Translators Preface joc WeBER is probably the most outstanding name in German MSE thought since Schmollet, and recent survey finds im fRelotos quoted sociologist in Germany. (See American Jour i of Socology, November, 1926, p. 464) Ata time when the Train emphaa® in Engl, and’ pariculanly American, cco- tome thought has shifed from general deductive theory to the aver two corners of the methodologiel triangle, nama, psy- Cbologeal and historical interpretation on the oue haa aad Statistical study on the other, there & abundant renon for mak ing avaiable to lnglsh resdes ths last product of Weber's though, his economic history. Though Weber was ao, as the German editors of the work Observe, specialist inthis eld, the preperation ofa course of leetres on general economic history Tiered on stooptionsl opportuaity {or bringing topetier aad preening in moderate compass the leading ies interpretive Prcconomc life and changefor which be was already famous i other lands as wel as his own. in preparing this English version, intended for students of tho dail seleaces and the general render, eaythiag of the ox ture of re-editing the text has been expresly avoided, but a few departures from the German edition have seemed advisable The highly technical introdtion on “Definitions of Concepts" (Beprfche Vorbemerkung) prepared by the German editor ins own omulted 10 soveral place, especialy in the drat chap- ter, matter ha been transferred from foot-notes tothe body of the ext, Other foot-notes have been omitted or condensed, Aad the extensive bibliographic references, consisting largely. of German books and artes, have been reduced to tiles in Eog- leh, referonoes to Max Weber's other Writings, and a few Bea: eral works in German and French; all retained ‘notes are jpouped atthe end of the volume, tis perhape fat to remark to the eriticl reader tht the transaton of x work surveying so large a field of knowledge with so much learning and yet so brief, has presenied Teme. Ip places, notably in dhe sections deding wit medieval institutions, historical exactness would in any case be impossible vithout vastly greater length of treatment, and the shade and teope of mesning of many expresions in the orginal 1 not clear. Moreover, many of the facts dealt with have no close aralielin English history and aany tems have no close equive- a is Rnginh usage: Repecally Since the signbcance of te book lies in is interpretive brilianey rather than accuracy of detail, it was clearly preferable to use broad terms giving the general sense and not to eater upon explanations or compari sors which would grow to undue length, On several points of tage, my former teacher in the field of economic history, Pro- fesor A. P. Usher, has kindly answered questions and piven valuable advice and suggestions. Finally. it may be a hint Teeful to some readers to say that both the intrinst interest of the material andthe significance of what the author has to say inreteprogresively trough the boo, tthe very ast chap ter, which summarizes Weber's famous discussion of the rel tion of religion tothe cultural history of capitals RELK. From the Preface by the German Editors ‘Max Weer delivered the lectures which are here given to the public, under the title “Outlines of Universal Social and Fco- nomic’ History,” in the winter semester of 1919-20. In doing so, he yielded unwillingly to the pressing solicitation of the stuc dents, for his interest was entirely centered on the great socio- logical labors which he had taken up. But after he had given hhis consent he threw himself into them with that unreserved devotion of his whole power and personality which was char- acteristic of him, It was the last class which he was allowed to complete; in the middle of his next course, on politics and the general theory of the state, which he began in the summer semester of 1920, he was removed by death, Even if Weber had lived longer he would not have given his Economic History to the public, at least not in the form in which we have it here. Utterances of his prove that he regarded the work as an improvisation with a thousand defects, which had been forced upon him, and, like every great scholar, he was his own most exacting critic. The question thus put up to Frau Weber and the editors selected by her, as to whether pub- lication was at all permissible, has been answered by them, after much hesitation, in the affirmative. They are convinced ‘that science has a claim to this work of Max Weber. The sig- nificance of the work lies, not in the detailed content—Max ‘Weber was not a specialist, and specialists will find enough in the book to take exception to—but in the penetration of the conception according to which a scheme of analysis of eco- nomic life is fitted to the exposition of the preparation for and development of modern capitalism, and in the masterly skill with which the results of the investigation are utilized in the service of this idea. “The situation just pictured set the task of the editors and ‘made it a difficult one, No manuscript or even coherent outlines, by Weber himself were available. There were found. in his ‘papers only a bundle of sheets with notes little more than catch- ‘words set down in a handwriting hardly legible even to those accustomed to it. Consequently, the text had tobe restored from notes by students, who willingly made their notebooks available for several months. For the possibility of giving to the world an economic history under Max Weber's name, thanks are due in the first place to them. The editors hope to have succeeded by this means in restoring the course of the argu- ‘ment. Unfortunately the forceful, dramatic mode of expression has been almost entirely lost as it could only appear in an incomplete and unelear form in the notes, and defied all effort at restoration. As it was impossible to avoid taking some hand in the form of the work, the editors have thought that a some- ‘what fuller organization and connection of the different parts into paragraphs and subbeads would facilitate reading and un- derstanding it. Here, however, their work stopped, with what is essentially oniy a linguistically conservative mission. Tt could not be their task to take any position in regard to the material presented by the author, to enter into controversy or attempt to remove in advance doubts such as were certain to arise in regard to his argument. Only in a few places, and then only occasion- ally and briefly, have they felt permitied to correct an obvious error of the aithor or essay to complete his statements. S. HELLMANN. M. Pays, Munich and Berlin, April, 1923, wit & PART ONE HOUSEHOLD, CLAN, VILLAGE AND MANOR™ (The Agrarian Organization) Chapter 1 The Agricultural Organization and the Problem of Agrarian Communism’ ‘Tne tra of a primitive agrarian communism at the beginning of all economic evolution was first suggested by investigations into the ancient German economic organization, especially by Hanssen and von Maurer.* These men originated the theory of the ancient German agrarian communism, which became the common property of scholarship. Analogies from other lands to the ancient German rural organization led finally to the theory of an agrarian communism as the uniform beginning of all economic development, the theory developed especially by E. de Laveleye. Such analogies came from Russia and from ‘Asia, especially India. Recently, however, a strong tendency hhas set in to assume private property in land and a manorial type of development for the most ancient periods accessible to us, whether in Germany or in other economic systems If we consider first the German national agricultural organi- zation as it presents itself to us in the eighteenth century, and go back from it to older conditions poorly and scantily ilu- minated by the sources, we must begin by restricting ourselves to regions originally settled by the Teutons, Thus we exclude, first, the previously Slavic region east of the Elbe and Seal: second, the region formerly Roman, that is, the Rhine region, Hessia, and South Germany generally south of a line drawn roughly from the Hessian boundary to the vicinity of Regens- burg; and finally, the region originally settled by Celts, to the leftof the Weser. ‘The land settlement in this originally German region had the village form, not that of the isolated farmstead. Connecting roads between the villages were originally quite absent as each village was economically independent and had no need of con- nections with its neighbors. Even later the roads' were not laid. ut systematically but were broken by traffic according to need and disappeared from one year to the next until gradually in the course of centuries an obligation to maintain’ them was established, resting upon the individual holding of land. Thus a the General Staff maps ofthis region today give the impression of an irregular network whose knots are he lage Tn thesketch, theirs ornnermost zone cootans the dveling Jos, placed quite irregularly. Zone. Two conta ths fenced garden land (Wart), in as aay parts as there were oigioally walling losin the village. Zone threes the arable (see Setoey. aad Zone Four pasture ("Aimende”). Each household has te "igh to herd an equal mimber ofveock on the pants ae Which, however, is not communal but appropriated in fixed shares, The same is tue ofthe wood (Zaxe Fhe) hich ek dentally doesnot uniformly belong tothe vilages hore she ke Fah fo wood cutting, 10 bedding, mast, etc, are ceded equally among the inhabitants ofthe village. House: deine 1 an th sae ofthe ndvdal in the Eade ai arabe low), pasture and forest, together consitute the Bele (German Huje, cognate with"havey oe Bid ‘The arabe is divided into « number of parts called felds (Gewonne); these again ate Ind off in strpe which ace set always uniform in breadth and are often extremely neree Fach peasant of the vilage possesses one such sip in cock field, s0 thatthe shares inthe arable are onginallt euch extent The bass ofthis division into fields © fovad ee 22 effort to have the members of the community share equally it the various qualities of the land in different locations. Th: intermixed holdings which thus arose brought the further ad vantage that all the villagers were equally affected by catas trophes such as hailstorms, and the risks of the individual wen reduced. The division into strips, in contrast with the Roman custom ‘where squares predominate, is connected with the peculiaritie of the German plow. The plow is universally, to begin with, + hoé-like instrument wielded by the hands or drawn by animals which merely scratches the soil and makes grooves in the sur face. All peoples which did not get beyond this hoe-plow wen complied to plow the feds back and forth inorder to loser vp the soil. The most suitable division of the surface for thi purpose was the square, as we find it in Italy from Czesar’s time ‘on, and as the general staff maps of the Campagna and the oute: boundary marks between the individual land holdings still show it. In contrast, the German plow consisted, as far as we car tell, of a knife which cut the earth vertically, a share which cw it horizontally, and finally, at the right, a moldboard whict tumed it over. This plow made the criss-cross plowing unneces sary, and for its use the division into long strips was most ap. ropriate. The size of the separate strips was usually determinec In this connection, by the amount which an ox could plow in ¢ day without giving out—hence the German names “Morgen (English, “morning” but equivalent to acre) or “Tagwerk? (English, day’s work). In the course of time these division: underwent much confusion, since the plow, with its moldboarc on the right, had a tendency to work over to the left. Hencc the furrows became uneven, and since there were no balks originally at least, between the separate strips, only boundary furrows being drawn, strips of land belonging to another wert often plowed up. The eriginal arrangement would be restorec by “field juries” with the rod or later the so-called spring circle ‘As there are no roads between the single allotments, tillag« operations can only be carried on according to a common plat and at the same time for all. This was normally done according to the three field system, which is the most general though b; no means the oldest type of husbandry in Germany. Its intro duction must be set back at least to the eighth century, since i is assumed as a matter of course in a document of the Rhenist monastery of Lorsch of about the year 770. The three-field husbandry means that in the first place the whole arable area is divided into three tracts, of which at any cone time the first is sown to a winter grain and the second to: 23 summer grain, while the third is lft fallow and, at east in Historica tine, is manued. Eich year the fields re changed || in rotation, so"that the one sown with winter grain isthe text Year put to summer grain and inthe year following lft fallow, and the others correspondingly. Ther is stall feeding of live? Sock inthe winter, while in stmmer they tun on the pasture, Under such a system of husbandry it was imposible for any individual to use methods diferent in any wa) from those of the rest ofthe community: he was bound fo the roup sn al is acts. The reeve of the vilage determined when sowing, sod reaping were to be done, and ordered the parts ofthe arable Which were sown with grain fenced of from the fallow land, ‘As soon as harvest was over, the fences were tom down, anyone who had not harvested on the common harvest day must expect the cattle, which would be driven on to the stubble, to ample hisgran, ‘The ide belonged tothe indvidsl and was berediary. I could beot varying size and was diferent in neany every vikage. Fregusnly 2a of norm, an extent of 40 sre a aon 8s the amount of land necessary to support atypical family, ‘The part of the holding consisting of Gelling it and garden land Was subject to ree individual use. The house shelered family in the narrow sense of parents and cildfen, often includ. ing grown sons. The share in the arable was also nulvially appropriated, while the Test of the cleared land belonged to the community of hidesmen or peasant holders (Hine, that io of the members in fll standing or freemen ofthe village, Thess included only those who held tie to some share in exch of the three fields of arable. One who bad no land of did not ave 9 share in every field didnot count as « hide-man, || |_Toa sil larger group than the village belonged the common “mark” which included wood tnd wasteland and it to be die tinguished from the slmend or pasture. This larger group was ‘mado up of several vilages. The beginnings end origina torn | ofthe mark association (Markgenotsensehaf) are fost in ob, | scurity: Im any ease i goes back before the politcal division of the land into districts by the Carolinglans” and Yet tis not identical with the hundred, Within the common’ mark there existed, jined in inheritance witha certain farm, ahead off cial” ofthe mark (Obermarkeram), an office which had usually been pre-empted by the king or feudal lord, nd invaddion 3 “wood court," and an assembly of deputies ofthe hide-men of the villagesbelongingto the mark, Originally. there was in theory strict equality among the members in this economie organization: But such an eqgality 4 \ vert Forse down in consequence of diterenoes inthe number of Hgts doe cps of irene i he mumbo “Gigse alongside the bide-men half and quarter hide-men, Moreover, the hide-men were not the only inhabitants of the tillage. There were in addition other sections of the population. “First younger sons who did not succeed to holdings. These Jpere allowed to go and settle on the outskirts of the holdings So sill unclesred land and received the right of pasture, for a ment in both cases (Hufengeld, Weldegeld), The father + Eonld also give them, out of his garden allotment, land on which to build a house. From the outside came hand workers and ther neighbors who stood without the organization of asso- Giated hide-men. Thus there arose a division between the peas- fats and another class of village dwellers, called in South Ger- many hirelings or cottagers (Seldner, Heiusler), and in the north "Brinkstzer” or “Kossdten.” These latter belonged to the vil lage only on the strength of their ownership of a house but had no share in the arable, However, they could acquire such a Share if some peasant, with the conseat of the village reeve or of the overlord (originally the clan) sold them a part of his share or ifthe village leased them a piece of the almend, Such “parcels were calied “rolling holdings” (walzende Acker); they Wwere not subject to the special obligations of the hide holding “or to the jurisdiction of the manorial court, and were freely transferable. On the other hand their holders had no share in the rights of the hide-man, The number of these people of reduced legal status was not small; it happened that villages {tansformed up to half of their aruble into such rolling holdings. ‘As a resull the peasant population became divided into two strata as regards land ownership, the hide-men with their di ferent subclasses on the one hand, and on the other those who stood outside the hide organization, But there was also formed ove the hide-men a special economic stratum who with theit “land holdings also stood outside the main village organization. Inthe beginning of the German agricultural system, as long as “there was unclaimed land available, an individual could clear “and and fence it; s0 long as he tilled it, this so-called "Bifang” £ was reserved to him; otherwise it reverted to the common mark. ‘Acquisition of such “bifangs” presupposed considerable pos- «sessions in cattle and slaves and in consequence was ordinarily possible only for the king, princes, and overlords. Injaddition {o this procedure, the king would grant land out of the:posses- sions of marks, the supreme authority over which he: had assumed for himself. But this granting took place under other ‘ conditions than the allotment of hide land. In this case thevallot- 25 ‘ment affected forest area with definite boundaries, which ha} first to be tendered tillable, and was subject to more favorab} legal relations by being free from the open field obligations. 1 measuring off these grants a definite area came into use calle the royal hide, a rectangle of 40 or 50 hectares (1 hectare = 24 acres, nearly), “The old German stlement form with the hie system sprea out beyond the region between the Elbe and the Weser. Coun: ties into which it made its way include, first, Scandinavia—, Norway as far as Bergen, Sweden up to the river Dalelf, th Danish Islands and Jutland; second, England, after the inva sions of the Anglo-Saxons and Danes (the open field system) third, almost all northern France, and a large part of Belgium as far as Brabant, while North-Belgium, Flanders and a part Holland belonged to the realm of the Salic Franks with different settlement form; fourth, in south Germany, the regior between the Danube and Iller and Lech, including parts o! Baden and Wurtemberg, as well as upper Bavaria or the regiot around Munich, especially the vicinity of Aibling. With Germat colonization, the old German form of settlement also spread over the Elbe eastward, though in a somewhat rationalize form, since the aim of making the country take up the larges| number of settlers fed to the establishment of “street villages" with favorable property institutions and with the greatest pos, sible freedom of economic life, The house lots lay not in irregu: lar groups but to the right and left along the village street, eact one on its own allotment or hide, which allotments lay adjoining each other in long strips: but here also the divisions into fields and the compulsory common tillage were retained. With the expansion of the German land settlement system beyond its original home, notable distinctions arose. This was especially true in Westphalia, which is divided by the rive Weser into regions sharply distinct as regards the mode of settlement. At the river the Germanic settlement form. stopt suddenly and on the left begins the region of settlement in is0- lated farmsteads. There is no village or common (Almend), ané mixed holdings occur only to a limited extent. The separatt farms are cut out of the common mark which is originally un- cultivated land. By clearing, new field areas are made which are allotted to the members of the community, called “Erbexen.” ‘Moreover, by the process of division other seitlers were admitted to the mark, corresponding more or less to the “Kosséte farther east—craftsmen, small peasants and laborers who stand in the relation of renters to the erbexen, or are dependent upon, them as wage workers. The Westphalian erbex oF farmer is i 6 y re ae Siena Sa stan move ie Treland and the economic organization underwent 2 change, As before, however, the land was not permanealy asigned, fat € for alifetine at the longest, Redistributions were made by the chieftain (tanaist) down as late as the 11th century Since the oldest form of Celtic economy of which we know anything is exclusively connected with cattle raising litle com, clusion can be drawn from it, or from the Scotch cywvare my regard to the primitive stages of Germanie husbancry: The ‘ypical German agricultural system, as known to te men bane originated in a period when the need for tillage and for sent raising were approximately equal. Perhaps it was uM coming nto being at Cesar’ time, and apparently at Tacitus tine ong | field grass husbandry predominated. However, it is difficult to | work wth the statements of ether of these Roman writers of | whom Tacitus especially arouses sus, jicions by his rhetorical") embellishment. a a : In sharp contrast with the German land system is that of | the Russian mir (opschtschina). This dominated in Great Tae sia, but only in the inner political distriets, while it wes abet inthe Ukraine and in White Russa. The vilage ofthe Russias | 0 NS snp een eae et Pie row of allotments, Besides the arable there is lization = ‘common pasture. The arable is divided into fields and these oa into strips. In contrast with the a on ie t not in Russia rigidly assigned to the single dwelling, oie sop petra ters es | Mevelve year interval of rediviion bit infact i usally took mightto the io oftener, every on, thrce, or six years The Fg Bn eee peste the iain nd rele st Mfhe house community but to the village. It was perpetual, ea the factory worker whose forefathers had emigrated from aus generations before might come back and assert the a xt, Conversely, no one could leave the community without {eonent The anyet found expresion Inthe ght fo 4 periodical redivision. However, the equality of all ‘members of fe village uly exited om paper only, ab the majo ze Hi od tor a redltiouton wee himost sever oa orf rediviion vas every family which bad Increased ia & fing inti, bu tere were other atrents arrayed agaist ther. Te dein of ie mit was only omtally does a fey nr often capa determine, onsen of the need for provisions the single households eee ly tava enti deo teil urges or le who hele mag of te propery intr power hough Money eg Acorn to whee hey wee interested in epi t etcs per or alowing tiem to ae more EEE thy controlled de decision of th vilage whet rei yesinquesdon an dcaing ibe economic workings ofthe mit anos down tothe dsatn of ts sem in Rasa. Ove awl as contased with an iniviuale rural organi avon, the salvation of economic life t regarded the ight of Exch emigrant worker to return to the ¥ llage and demand his on the sii of the tol gaton, Holders of tis Me admited tht obscene open progr in a Seiturl methods and othorvic, but asoerted tat th iRensel compte the nchson of eveyone in ana Tht opponents eared the mits 9 hidrance 1 pone teondloully, and the strongest suppor of reasionsy isipoicies, aL F et? ‘The threatening growth in power at the beginning of the 20th centur adyel. But where taxes were too high and indicated a possi- bility of higher earnings elsewhere, the tax burden was increased for those Who remained bebind, since it was a joint obligation. Jn this ease the mir would force its members to return and take specified conditions and to dem: ae mn and ten apes demand that i ‘up their life as peasants. Consequently, the solidarity limited a withdrawing member bod ee te individual member's freedom of movement and amounted of land, so that, similar in aoc ; nerely to a continuation through the mir of the serfdom which the faa tht stilr in principle to the enclos had been abolished; the peasant was no longer a serf of the mia mes Mer ated, etc indivi ord but a serf of the mir. ig 10 earty on individually. Thus came tg “'Rusian serfdom was unusually harsh. The peasants were eae ste bad deena gost to torture; an inspoctor every year joined pairs of mar hover dared aegeutin of the mir. The liberal partes had) sugeale age together al outed thm wit aad. Tarlton the possibility of reforting pach, Ctdets, hed believed in to the overlord there were only traditional rights, no enforce- Dindapraringreforecemad & 2B immed ate reso of Sty. gle tv: he could undo the arrangement st sny tne Te the those in possession of comade ete more Wellto-do peasants, period of serfdom the redivision was carried out, either, in the siderable capital, and th Pike of poor land, according to the number of workers in the Svital peamwats howeteld, or inthe case of good land, |) goeording to the number of mouths. The obligation to the land | Sein over the ght to the Ind, whe tthe one ese sere other the community was held oral for the peyments ine Grerond At the sme tine the Rusign manor ecplitad tae amatdowa tothe presal dx fo the exca taut he over ez Tomished eimose othing but ied the land with the Of the mir; the latter was driven t | capital and horses of the peasant. The land was either leased of the existing regime canlif me er, £0 unconditional support; to the peasants or tilled under the direction of the lord’ bail would have furnished asthe World War had not intervened | with forced Inbor by the peasants and their teams, SMPPOFE and “eudgel guard” for y Joint ibility to the overlord, and serfdom, have existed only sie the Toland 17th centric, Out of them developed the mers, withdrew. the other, much Russian scholarship is divide i tnic. According to the moet aod 23 Fe88td to the origin of the custom of redividing the land. The custom of redivision did Diimitive inet ee Taly accepted view, however, | not arise in the Ukraine and those parts of Russia, especially but a preduct of the taxation inthe west, Which were not broughtunder Museovite doming- he mir not ont i tion in the 16th and 17th oeotuties, Here the land was pee- the village reciprocally ease willage his nadyel right, but , mianendy assigned to the separate dwellings. is in unquestionable claim to his | On the same principle of joint liability was based the eco- Sateen ately incpgtah! | gn line a Dk aut Co their possessions. The company made the Desa or community jpintly responsible for the dues of rice and tobacco. This joint Kiability led to the result that the community would finally compel the individual to remain in the village to help pay the Sn c taxes. With the abandonment of joint liability in the 19tH cen- good land the peasant would . tury, the community with compulsory membership: was also i ly different | obtain a surplus above the consequently the pe “a ese burdens falling to him; allowed to decline. i interest to return unsotiched ioe eeaueetly found fa his ‘The economic system included two methods of tice culture, paid, in such cases, an indemnity for orien, {e mir often | the dry culture (egal) which was relatively unproductive, and 32 "ty for relinguishment of the | wetculture (sawah) under which the field was surrounded with 3 XQ MERRY water collected for the purpose. One who had established a sawah held an hereditary inalienable property right (o it. The tegal land was subject 0 a nomadic husbandry similar to the wild field grass economy of the outer zone in the Scotch village community. The village cleared in common while the individual tilled and harvested singly. The cleared land was cropped from three to four years and then had to be put to grass while the | village moved and wroke up new land. The older conditions make it clear that only the ruthless and exploitative system of | the Dutch East India Company brought about the system of redistribution, The system introduced by the company gave place in the | thirties of the last century to that of Kul‘ur-stelsel. Under this - system the individual had to cultivate one-fifth of his land for the benefit of the state, in which connection also the crop to be grown was prescribed. This system in turn disappeared in the course of the 19th century, giving place to a more rational mode of husbandry. A similar system once obtained for a time in China,¢ accord- ing to the reports of the Chinese classical writers. The arable Jand was divided into tracts of nine squares each, of which the outer squares were assigned to individual families, the inner ones being reserved for the emperor. The family received the land only for use; at the death of the head of the house, redi sion was carried out. This system was of only passing signifi- cance and dominated only in the neighborhood of large rivers where rice culture by flooding was possible. In this case also, the communistic organization of agriculture was dictated by fiscal considerations and did not arise out of primitive condi. tions. The original Chinese economic organization is found instead in the clan economy still common in the Chinese vil- | ages, where the clan has its litle ancestral temple and its school and carries on tillage and economic life in common. t The last example of @ supposed communistic agricultural system is that of India. Two different forms of village organiza tions are met with. Common to the two is the common pasture and a garden area corresponding to the tract of arable on which in the German system wage laborers and cottagers lived. Here are settled craftsmen, temple priests, (which in contrast with the Brahmins play only a subordinate role), barbers, laundry. ‘men, and all kinds of laborers belonging to the village—the village “establishment.” They hold on a “demiurgic” basis; that is, they are not paid for their work in detail but stand at the service of the community in return for a share in the land 4 A dykes and sub-divided within to control the running off of the! 4, jn the barvest.* The villages differ in regard to land owner in the ryotvari village the land ownership is individual 2 tae Carder ewe. At tbe bead ofthe vilage i a ste. The peasants have no sbare in the common mark, which Zorongs to the king (raja). One who wishes to clear land must, forthe privilege. «joint body,” & community of a number of privileged nobles, a ‘ile aristocracy of full free-bolders or hidemen without an Jdividual bead. ‘These farmers (“Erbexen””) grant out the lina and to them belongs the common mark; thus they stand tetween the true cultivators and the rajah. Within this category fo eltses of Villages may be Eurther distinguished: One is the uridari village, where the land is definitively divided out and opropriated. On the death of the occupant his share goes to his egeendants by blood and is redivided when it again passes by faberitance. The other is the Dhayachara village. Here the land js distributed in accordance with the labor force or the rank of the individual holders. Finally, there are also villages in which anindvidal is incomplete control aya farmer and overord are zamindari Villages, and the pattidari villages also ‘Rvcloped through the partition of feudal holdings The special feature of Indian conditions is that a large number of rent Salo have inervned between the sovereign nd the peas antry through the farming out and re-farming of the taxes. sn eh Tigo ge hry of ce ‘originated in this way. Within this group of rent receivers and large farmers a nominal communisin has been evolved. Where several peasants carry on a communistic husbandry they divide the harvest, not the land, and the rent is apportioned among the oWners entitled to share. Thus, this case of agrarian com= Iunism also traces its origin to fiscal considerations. ‘In Germany, again students thought to find in the holdings called "Gehdferschaften” of the Moselle the remains of a primitive agrarian communism, uatil Lamprecht recognized their true character. Down to the present these holdings have consisted chiefly of woodland, but they formerly contained also meadow and arable which were divided out after the manner of common fields, periodically and by lot, This arrangement is hot primitive, but arose out of seigniorial policies: Originally the Gehdferschajt was a manorial farm of estate Which Was filed by the labor of small peasants, members of the mark commen, But hen he ovsiods came Iiaeag ese no longer in a position 1 direct operations personally, hep as pean See gee eee 35 ERO Pee Me oracle them the land on the term of a fixed Feat Here agu we meet withthe price a ene cuits The mark organization ether undertook. defntive dieses abe lnterede or rodutrbuted perosiealy Coie Nota ofthese examples serve toprove te then of Lavele that atthe beginning of the evolution aparece existed inthe sense of comministic mbar. sad oa that of joint ownership ofthe soil—two things ehion ne carefully distinguished, This i tot tho exe See meee isbandry was not orginally commana Her ea is Conflict in viewpoint. While the socialistic authors view property as a fall from grace into sin, the liberals carry it back Wherevex Possible tothe time of the putative ancestors of the population, in reality, nothing definite can be said in general terins about the economic life of primitive man. If we seek an answer in the relations of populations untouched by European influences, ‘we find no unanimity but ever the sharpest contrasts, In primitive agricultural life, the so-called hoe-culture pre- dominates. Neither plow nor beasts of burden are used: the implement of tillage isa pointed stick, with which the man goes about over the land and makes holes in which the woman drops the seed. With this method, however, quite different forms of organization may be associated. Among the Guatoes in the interior of Brazil, individual economy is found with no reason for assuming the previous existence of any other organization, Every houschold is self-sufficient, without specialized division Gf labor among them, and with limited specialization among the members of the household, and also with limited exchange ; h relations between tribes. The opposite extreme is the assembly. of work in a large central dwelling, as in the long-house of the Iroquois. Here the women are herded together under the lead ‘ership of a head woman who apportions the work, and likewise the product, among the separate families. The man is warrior and hunter, aad undertakes in addition the heavy tasks, clesriny the land, building the house, and finally herding the eattle. The latter counted originally as an exalted occupation because the taming required strength and skill. Later, the esteem in which itis held is traditional and conventional. We find similar condi, tions in all parts of the earth, especially among negro tribes everywhere among these the field Work falls to the women, chapter 2 Property Systems and Social Groups Forms of Appropriation . ferro of ape eg adr te or rye The proptistorship everywhere vest org et heme commit my be ite he indi a S .vs, oF a still larger associa the sadrugn of toe South Slav, or . {for oumpe hat ot be foqu oe howe. prop fed ut on two! diferent bases. Either the on pean of bor especialy te soi are rested expe- Seip whieh ese ey requ aperan fo the worn hate Kncredion the ind het eb Spent and rotary hich has been conquered and is protected by the man; in cas itlongs oan agate clanor sme eter mascline gun Serine tt form of pimtive appropriation ad von of itr, ot mbar egos snd ageal moves ao en. ie pat he vidal ato aj himself pray of crpaneatons to which be belonged. The flloving are tbe re The Household, I srvture i diverse but it was always aconumplion group. The phys! mean of produto Say mowble feos, might ake peta fo fhe howe grup Tata ge ppp might cre aber wine nd maseline accoutrements for exam a eto tom ode of inheritance, the Sioggng fo the man, wth special mode of inheritance, Pie Sr adoramest and feminine accoutrements tothe NZ. Te Clan This also my old gods in varying degrees of pret Ty owe ac ny oy the me Bee clan tegulary hoop as a remnant of onginaly widely Skende property rights fertin clams agains he powsessions St the hots comarunity, such as the requirement for iy Sou Senta coe of sal, or ¢ prior option to porches. Euthet tho clan is responsible for the security of the individual, To it per- tains the duty of avenging, and of enforcing the Tees fe ce. Tako has a Hght to share in head money, adj ERoprictorchip over the womer belonging tthe Gin, ene, a o- L peemnanenees share in bride purchase money. The clan may be masculine orf rormiscuity within the horde (endogamy), corresponding to ferinin in constitution, If property and omer rights perttin’ PCat absence of private property, Prog ofthis aximp- Otherwise of maternal orcogoatibns St gon is found in various alleged survivals of the original con- Me Ndtate Grouping TRE ace important group isthe totem ition in religious institutions of an orgiastc character among ‘and spiritual entities were dominant, Rip restraints upon sexual relations disappear; in freedom of 4. The Vilage and Mark Association, essentially economic se8U#l lions before marriage, for wornen ae el promis, in significance. 2 ly economic | $i as is found among various peoples; in the sexual promis- 5. The Political Group. This organization protects the ter | sil) of the hierodulfof the ancient east who gave themselves ritory occupied by the Vilage and sonseucndy perce ee, | indiscriminately fo any man; finally, in the institution of the Jo addition it requires of the adividua! military and court ery | ee ne or naa ae im wth bene Ta ices, giving him corresponding rights: it also entoreesthe tau) the Widow of a deceased man and provide him with heirs. In servicesandtaxes enforces the feudal fy, arrangement is seen a remnant of primitive endogamy which The individual must also take into account under diferent | SUpPostl(o have become gradually narrowed down (a claim conditions the following: 6. Overlordship of land, when the ¥PO88 Perticular individual. . j soll which he tills isnot his own. 7. Personal overlordship when, {B= sevond evolutionary sage according to this socialistic the individual is not free but is in bondage «9 amcahene? theory is group marriage. Definite groups (clan or tribe) form Every individual German peasant stood in the past in relation | eee ee ae cay wonuan of the other The toan overlord of land and person, and oo pent teing Fegarded as the husband of any woman of the other. The one or more of whom hed Fone eleing ¢o Reon sovereign, | grgument rests on inference from the absence of terms for any tural development took various forme acconting ee Aare kinship except that of father and mother among Indian peoples, ent persons were distinct or identical; in the fo eae at acertain age these terms are applied indiscriminately. Further Tivaty of the different overlords favored the freatom of the fhe South Paci Islands where a rumbes of mon posses et peasant, while in the latter the trend were eto OF the | the South Pacific Islands where a number of men posoess sizmul- {rend was toward servlity. taneous or successive sexual rights over a particular woman, or (B) The House Community and the Clan conversely a number of women over a particular man. Today the house community oF family household is com- | __ Setislstietheory considersthe “mother righ,” (Mutterrecht) monly a small-family, that is @ communit od is com- | a5 a fundamental transition stage. According to the theory, at rt i munity of parents and 4 time when the causal connection between the sexual act and permanent The aed, on eutimate marrage Piguet foe ith was unkown, he boe community conited ot ff in regard to consumption, and at least soainat an ey - ilies but of mother-Broups; Only the maternal Kinship had ritual- the productive organization Within the household allpropeny si ea standing This ages inered from the widespread Titel in yar mete of the house as an individual, But is |e woman's protector and her chilen inher from him. The the wite and chitren "Kinship is teokoned Ake on tae ee, | matriarchate was also regarded as a developmental stage. Under fd mitered sie rekoned like on the fis arrangement, met With fo various communitiey the dis. foe gupieenal sides, ts ig practically limited to ‘inction of chieftainship was fixed exclusively in the woman, anc sense no fonger meatames, The soncept of the cla inthe old | She waste leader in economic lure especlly thous of the in the rightof collated sesrmiments of ican te recognized |’ Fowenold community. From this condition it Was || uesion as to the age and the history of thee rations’ thatthe transition fo fetherigt took place through |, Tie sosalitic theory proceeds from the assumption of var. | {to 0f marriage by capture, Beyond » certain stag thea ous evolutionary stages in the marriage institution. Acco! lutic basis of promiscuity was condemned and SHPaORHY: dis- Cots iow te onal condos wt one of oneal engeiy a general ping, ht exua reton } os Recame restricted to persons in other groups, involving om= | lence. Out of this’ practice should have purchase. An argument for this course of development is In the fact that even among many mate heirs. Herein takes place the g doctrine based upon it. Although it is untenable in detail it forms, taken as a whole, a valuable contribution to the solution of the problema. Here again is the old truth exemplified that an ingenious error is more fruitful for science than stupid accur- acy. A criticism of the theory leads to consideration first of the evolution of prostitution, in which connection, it goes without saying, no ethical evaluation is involve ‘We understand by prostitution submission to sexual relations for a price, in order to secure a money income, and as a regular proiession. In this sense prostitution is not a product of monog- amy and private property, but is of immemorial age. There is zo historical period and no stage of evolution in which it is not to be found. It is unusual in Mobaramedan civilization and absent among a few primitive peoples, but the institution itself and punishment for both homosexual and heterosexual prosti~ tution are found among the very peoples pointed out by the socialistic theorists for the absence of private property. Always and everywhere the profession is segregated as social class and generally given an outcast position, with exceptions in the case Of sacerdotal prostitution. Between professional prostitution and the various forms of marriage may intervene all possible intermediate arrangements of petmaanent or occasional sextal relations, which are not necessarily condemned ethically or legally. While today a contract providing for sexual pleasure oitside of marriage is void, turpi causa, in the Egypt of the Ptolemies there was sexual freedom of contract with enforce- able exchange by the woroan of sex gratification for sustenance, rights in estates, or other considerations. Prostitution, however, not only appears in the form of an ‘unregulated sexual submission but is also met with in the sacra- mentally regulated form of ritualistic prostitution, as for exam- ple, the hieroduli in India and the ancient east. These were 40 ining of the woman from these groups by vio- Dea mee veloped mariage by Tilzed peoples who have Lee at ver to contractual marriage the Martiage cere~ poe wad synbotize forcible abduction. Finally, the transition Bi pauiarchatlaw (Vaterrecht, father-right) ‘and legitimate ‘mohogemy isin socialistic thinking connected with tbe origin of private property and the endeavor ofthe man to secure legit (lapse into sin; from here on monogamous marziage and prostitution go band ia band. So much for the theory of mother-ight and the socialistic a et ne a erat religious Serv wpe ierodul are had to function inthe temple in connection ous . of which a part consists in their sex Io found sbmiting themselves OTF ee ror pay. The institution of the hieroduli goes bac [ite ul fo Fires, to animistic magi of «sexual character |e acre ay of ring nto eal Promise i2 we o (ynieh Bes Neelfexctement of an esstatic situation. ie as form of male for stimlaig ft is Byaition as f x Copel rong agricaral peoples. The sexual orgy a sree Sane ground ist wih the expectation of Sen caries arted out 0 Be Boe of patigtion i tis sacie ental voccmtant role inthe cultoral life of India as free het~ play am far to the Greek women so designated. But in spite aerae tvorable conditions of their lives they ranked a8 out + a its, and as is shown by the Indian bayadere dramas, oe i wie he highest peak of good fortune to be elevated through & ea he clas of married women living under very | Se Sodivone ' fee or erodul thre are found ia Babylon and Jer | Baie the hregeats ronan whose peep sents t the traveling merchants. These kept to their occurs s | EA GS or seamen an one characte, ue he protection ‘of the material interests of the temple. The struggle {/SOeShchiy letimans peston, end i source he Fe ine prophets and res of the ert rel “ions of salvation, Zarathustra, the Brahmans, an¢ u i rr | phets of the Old Testament, They carried on the fight partly on k i t | { t i { ei i ‘was the battle of those who eal and rational grounds; it was # i tte io deepen the inner life of man and st in subjection Bovis the ereatest obstacle to the triumph of the religious motive In addition the rivalry of els played pat The Go ‘ent Israel was a hill God, not a chthonian deity like of ance ne oli power stood beside te priest inthis strug- He asthe state feared the rise of revolutionary movements of fi lower classes out of the emotional excitement connected With orgastio pheaomena. Nevertheless, prostitution as st Lurved after the discontinuance of the orgy, which was under Gupicfon of the state; but it was outlawed and illicit. In t Iniddleages, inspite ofthe church doctrine, it had offical Tesps ition and was organized as a guild. In Japan also:the Fonal use of the tea-house girls as prostitutes continued dawn eine present and not merely has not caused them to Tose caste, but has made them especially desired in marriage. a “hal revenal in the status of prostitution did not begin the end ofthe 15th century, wr it followed the seiols ou break of sexual discases ducing the campaign of Chatles V1 of Fras agin Nope on tac ofa art op futon while up io then it bad been allowed to lead'a waft fhetto existence The outburst of ascetic tendencies a Peed fends, especially in Calvinism, worked sgait protiton a5 dd subsequenty, butmore milly andcantouly tee oe the Catholic chureh. The results were hete simi te te oy Motammed and the makers of the Talmud who hed lites taken up the struggle against orgiastic practices. : An analysis of sex relations outside of marriage must dig tingush between prostitution and the sexual freedos of wane Sexual freedom for the man wes alway taken for granted, teak first condemned by th tree great monotheistic lionel fact not by Judaism until the Talmud. The original epee ual freedom of woman finds expresion ia tie tet et he Arabs a the time of Mohammed temporary marron ek Change for suppor, and tial marrige, ested ade by uae) though permanent mariage was alresdy recognised. feet se] rages are also found in Fgypt and elsewhere. Girls of upper) clas families were specially reluctant wo subini (0the see doaestic confinement of the patriarchal marriage, but clung thee sexual Iiberty, remaining in thie parenalNonies ang oo tering into contracs with men to whatever ete they pensey Beside this example of persoaal sexual Treedoe ool Blaced the possibility ofthe woman being expoiea rts | the clan and hired out in exchange for provisions. Sex hosp. tality, so-called, must also be recognized, that is, the obligatcry giving of wife and daughters to honored guests. Finally. thers developed concubinage, which is distinguished from marriage by the fact that is does not give complete legitimacy to the children, | It is always conditioned by difference in social class and in, yolves cobabitation across class barriers, after class endogamy has been established. In the period of the Roman Empire i had hheld full legal recognition, especially for soldiers, to whom marriage was forbidden, and for senators, whose martiage op: | portunities were limited by social class considerations. It wes | ‘maintained during the middle ages and first absolutely forbiddes by the Fifth General Lateran Couneil of 1515. But it was com demned by the Reformation churches from the beginning, and since that time has disappeared from the western world as 4 | legally recognized institution. i Further investigation of the socialistic theory of mother-right 2 Js that none of the stages of sexual life which it asserts can | teetwen t0 exist as stops in a general evolutionary sequence. sai ak fs Siren erin suns rnos Pomy whe ei ata nce no Ee ee ree Cl eer eT aS Se ee a tinted tan te Fe ee eT a enti arcane ae err eater cetccnictnenies a rte he Used tod beat ee ae children Was not recognized, just as today ‘legitimate _ eres no egies, ft ws tdny Hepa cin oer epee ne cope A ee ea peal te pa aa wale oa nM. sone o tlhe ani ste mariage ee ee a aaiaee Gente of the royal blood, as among the Ptolemies. Priority of the clan, under which the gir! must be offered jgrepay ofthe en, ande hth fe teat oe oered claim must be bought off, is explained by differentiation in ee eee i race re Jevirate also does not correspond to primitive conditions, but ‘arises from the fact that extinction of a male line was to be avoided on military and religious grounds; the f2 ily without ae en erates Sal anidoned to See See eee er pct eked ais ifr sos tai eee coat bors ere ‘members of a particular political or economic group. This was seer ot paren pa cmon grup, TM wat to keep the property within the citizenship of the city and to ee EY ee ae Sia ce oe stricting its multiplication, . ee vice tee caren cc inte stem, While the man of a er caste can enter into pe netics setmnar Aeneas mas ersiowsrame ny seas may be made to secure a man in exchange for money. The ar- nt areal cldboss rod fe man ay bea ee ee ae travelling from one household to another. In India, the English See ee eee eee . of the women on the part of the nominal husband. Wherever adogay 6 found bob assumed te a pst of reirogression, not a stage of progress. i SER Ne et RE aa ccxae every where and always, with few exceptions, It arises from the effon 1B forestall ealoury of the men within tbe household, and oo OF the ecubulte that rowing up tagetber dose fot ree sisttngdevcopment of the sxc mule Esoany bf ef cian i generally connected with animistic ideas teloggrng the ination of totemism. ‘That thi ever spread eee Word is however, unproven, although itis met with i suey Separated regions ts Amprisa and the Indian Avchipeteg Met Tage by captare i alvaye regarded aa legal by axeeinge fected, junilying blood revenge or exzction of head mene Batat the same time also treated sua keighty ade ‘The distinguishing mark of legitimate mattiage according | to patriarchal In, isthe fat that rom the sandgone a tain social group only the children oft cern wife of ee he in question have Full ogu standing This socal group may ta of Several kinds: I, The house commusigys ony cllares te martinge have the right of ineritance, nt owe of sespere | wives snd coneaines. 2 The clo ony the children 99 mar | Hag siren the instintions of blood vengeanee heed ese, | and inbeitance.3.A military groupe only eildsca tp renee have the right to bear arms, share is boc ot congpered nase | tory, or inthe dstibotion of land generally. A dias erooe only children by marriage are full somibes of the cane So raigous group, only leglimate descendants sve sesaraed coe to carry on the ancestral ritual and the gods Wil sence ce fice only at their hands, i ‘The possible arrangements other than legitimate marriage | acconting to patriaroal law are the lellowiges Cp Tana mmatriarbate. The father, recognized i legitigats head oF tee group, is absent; Kinship i recognized only Retnocs the cde, ad the mother or the kindred ofthe ates Pure materal oe ings are found especially in connection with mon'enreenee eae below.) (2) Pure paterual Cagnatic) groupings Aas ios of a father have equal standing, inludina ase of eer wives, concubines, tad female ves and aso iopedoae Both children and women are subject tohis unreeered ite ity. Out of ths condition developed legitimate martnce se ing to patriarchal law. (3) Sursesiet i te matey Spite of a house community including both parece ae ese den belong to the mothers clan nof that ott take 7 | a BF ion is found in connection with totemiam and is @sur- evi the organization of the men's house organization, (See below.) (© ‘The Evolution of the Family as Conditioned by Economie and Non-Eeonomie Factors ment of this question calls first fora general survey of dave economic life. The scheme of three uniformly distinct wi of bunting economy, pastoral economy, and agriculture, safer in scentie discussion, is untenable. Tf they are met Giinat all nether purely bunting nor purely nomadic peoples, We primitive, free ftom dependence pon exchange among ‘tboelves and with agricultural tribes, The primitive condition athe contrary is one of nomadic agriculture on the level of hdeculture, ad generally associated with bunting, Hoecultre ishusbandry without domestic animals and especially without teass of burden; the plow represents the transition to agricul ture in our sense. The domestication of cattle required long od of time. It probably began with work animals, milk ani Fils coming later, while sill today there are regions inthe East ‘nvwbich milking s unknown, Use of animals for meat followed tein. As an occesional phenomenon, slaughtering is certainly tid; it took place in a ritualistic connection forthe Purpose Glibe mest orgy. Last ofall we find the taming of animals for hnltary purposes, Beginning with the éth century. before Crit we meet with the horse which is used on the plains for fing, everywhere ele as a draft animal; and the epoch of nightly chariot Sighting, common to all peoples from China tnd India to Treland, begins Hoe-ulture could be carried on individually by the small fury or with group labor, through the coming togetber of fowsebolis even to hundreds of persons. The latter mode of Innbandry is the product of a considerable development of technique. Hunting must originally have been cacried on in common, though its socialization was the result of cireumstan- tes The keeping of cattle could be carried on individually and fist have beent in any case, the social groups engaged in it Could not bave been very large on account of the seattering of Inge herds over extensive aress, Finally, extensive agriculture could be carried on by all methods, but the clearing ofland tiled for community tetion f Cutting across these distinctions inthe mode of fusbanry isthe form of the division of labor between the sexes, Originally, thing ofthe sol and the harvesting fell mainly tothe woman, 45 fi sito etre sense he al | with the increasing difficulty and intensity’ of work, was he led / contra. The women's house was originally ioe worthonwe ie bondage and a corresponding patriarchal posites wits a Eagle ro ie rig Ere : XQ Ce Toe pees a eek ot crake Wey hate se lg ee cts esatgraon to rercus fae o devel iano ump mia se oso mete Jey nt cr fie Taian Camere, The Spats ise ce he te fe ne Came, Ta wn kivemaltary orgeaiaton did ot everywhere come waisie and where Xie eappened quicker i corn of ceniarenton or ought development aunty tccuigus verte agls comta wih ee sent of heey meen tnd specalcoure of tng qese aaron Chart and hosebnde tng worked ope Slay i eto Te eomeyuence an eat ned tr tin vag tee wie an may Fen ee east dec ee conmantan a ts Rens bose tut ugh an rangement wich gure the ie ‘lza oie ape desi ttn cul hen cosy Minit At stane he too te becomes of Speci sae its ile secompanyig ts the pantie toedogy tae Gmior eter ope wich ovesyeers i the wad pe serene este rene erm Ine institution of the men’s house is apparently to be sought tne ngino tenon’ retng on ate tovedy aoe Meena, o'soue ot ketice any cbhet whatsee which & ‘Viewed as possessed by a spirit, the members of the totem group dindng animate Kip wih ts pre When he oko sla fst ot be ie ora of te mone tool ae alistic food prohibitions. Those belonging to a totem form a dtu enloha pence group, whose esters most ao Agt among themselves. They practise exogamy, marriage between members of the totem being considered ona and. cxpiated Teil pnsinnents Thu one tte stands over ope Slpers asa arsiage group. In this Tegard the tome proup {tulsiconcopos keh often ote gh bowed ed poltea goupingeAltiogh the india Tether ys i Smet ommrionwith want cien, aera ssion is rather generally the rule, the children belonging fothe othe cn nd bing orerenal aft ee te the factual basis of the so-called matriarchate whieh, is thus, along with tote ism, a survival from the period of the men's Jou Weretctmon sara we ede placate ceptor a omteanes wih psa iabesteace aa _cthestmaglo te growing nde wat ae Ten aso mani yes Oe eet sprang the levirate as well as the law regarding female heirs, to | the effect that the nearest of kin had the right and duty of marry- ing a female descendant who was the last of a line. This insti tution is met with especially in Greece, ‘The other possibility was thet individual property relations decided between the patriarchate and a maternal organization. Between economic equals the older form of marriage was ap- parently exchange of wives;¢ especially as between households, youths exchanged their sisters. With differentiation in economic | status, the woman is regarded as labor power and is bought as aan object of value, as a work animal, The men who cannot buy wife serve for her or live permanently in her house. Marriage by purchase and marriage through service, the one with patri- archal law and the other with maternal, may exist side by side and even in the same household; hence, neither is a universal institution. The woman always remains under the authority of man, either in het own house community or in that of the man who has bought her. The marriage by purchase, like mar- riage through service, may be either polyandrous or polyga- mous. While the well-to-do buy wives at will, the propertyless, especially brothers, often club together for the purchase of a common wife, Back of these relations is the “group marriage” which prob- ably developed out of marriage barriers of a magical signifi-_ | cance, as between totem groups or house communities The man takes a group of sisters either one after the other or at the same time, or a number of women have to be taken over | from the other house community, when they also become the Property of the group thus “marrying” them, Group marriage 48 QR “cars only sporadically and is apparently not a general stage ae lates of mattige (D) The Evolution of the Clan ‘The evolution of the clan will now be described. The Gaelic ‘word clan means “blood kindred,” and like the corresponding Gorman word Sippe is identical with the Latin proles. Different forts of clans are first to be distinguished. (A) The clan in the sense of a magical kinship of the mem- ters with each other, with food prohibitions, rules for spe- tfc ritualistic bebavior toward each other, ete. These are to- temieclans. (2) Military clans (phratries) are associations such as ori- jnally occupied a men's house. The control over descendants Shich they exercised has very extensive significance. An indi- Yidual who does not go through the novitiate of the men’s house ind submit to the exacting practices and tests of strength con- nected with it, or who is not received into the cult, is in the terminology of primitive peoples a “woman” and does not enjoy the political privileges of men or the economic privileges which go With them. The military clan maintains its earlier signifi ance long after the disappearance of the meo's house; in ‘Athens, for example, it is the group through which the indi- vidual holds his citizenship. (3) The clan as a blood kinship group of a certain scope. Here the agnatic clan is most important and the present dis- cussion will relate solely to it Its functions are, first to perform the duty of blood vengeance against outsiders; second, the di- vision of fines within the group; third, it is the unit for land allotment in the case of “spear and,” and in Chinese, Israelitish, and old German law the agnates possess down to historic times ‘claim which must be satisfied before land can be sold outside the clan. The agnatic clan is in this connection a select group; only the man who is physically and economically competent to equip himself for hghtingis recognized as a clansman. One who cannot do that must “commend” himself to an overlord or protector, in whose power he also. places himself: Tis Egnatic clan practically becomes a privilege of propectf ew ‘A clan may be organized or unorganized, the original con- dition being rather intermediate. The clan’ had regularly an 49 elder, although this is often no longer true in historical timey set hough he ot no og tm Nero in disputes between members of the clan, and divided the lang among them, proceeding, to be sure, according to tradition father than arbitrarily, a8 Uhe clan members either had equa | Fights or were subject atleast toa definitely regulated inequality. ‘The type of clan elder is the Arabian sheik, who contfols hi people only by exhortation and good example, as the principe: Of Tacitus’ Germans rule more by example than by command, The clan met very different sorts of fate. In the Occident i has completely disappeared, and in the Orient been just as com. | pletely maintained, In the period of antiquity the dudat and fentes played a large role. Every ancient city was composed originally of clans and not of individuals. The individual be- longed to the city only as a member of «clan, a military organi. | zation (phratry) and an erganization for the distribution of burdens (phylum). In India also, a membership in a clan is obligatory among the upper castes, especialy the knightly caste, while the members of the lower and later established castes be- ong to a devak, that is, a totemic group. Here the significan ¢ of the clan rests on the fact that the land system is based on enfeoftment through the head of the clan. Thus we find here also a hereditary distinction or charism as the principle of land distribution. One is not noble because one possesses laud, but | conversely one has an inberited right to a share in the land be- | cause one belongs to a noble clan. In the feudal system of the Occident, on the other hand, the land is divided by the feudal lord, in independence of clan and kinship, and the fealty of the vassil is @ personal bond. In China today’the economic system is all semi-communistic and based on the clans. The clan pos- | sesses schools and storehouses within its separate village, main- tains the tillage of the fields, takes a band in matters of inberit. | ance, and is Fesponsible for the misdemeanors of its members. | The whole economic existence of the individual rests on ‘is | membership in the clan, and the eredit of the individual is nor- mally the credit of his clan, The disintegration of the clan took place as a result of two forces. One isthe zligious force of prophecy; the prophet seeks to build up his community without regard to clan membership. ‘The words of Christ,—"I came not to send peace, but a sword For Tam come to set a man at variance ageinst his father, and the daughter against her mother” (Matthew 10:34~35); and “If any man come to me and hate not his father, and mother, and wife, and children, and brethren and sisters—he cannot be my disciple” (Luke 14:26) express the program of every 50 | N . 1) prophetin regard to the clan as an institution. In the middle ages fhe church strove to abolish the rights of the clan in inheritance fo that it might retain lend willed to it, but it was not alone in ‘his regard. Among the Jews, certain forces have worked quite ‘similarly. The clan retained its vitality down to the exile. After the exile it is true that the plebeians were enrolled in the clan {egisters which had earlier been kept for the upper class families. ‘bat this division into clans disappeared later, probably because the clan, being originally military in character, had no roots in he demilitarized Jewish state and there remained only member- Ship in a confessional group based on descent or on personal \ adhesion. The second force which aided in the disintegration of the clan is the political bureaucracy, In antiquity, we find the great- fest development of the latter in Egypt, under the New Empire, ‘There no trace of the clan organization is left because the state does not tolerate it. In consequence, there is equality between man end woman and sexual freedom of contract; children re- ‘ceive as a rule the name of their mother. The royal power feared the clan and encouraged the development of the bureaucracy; the result of the process contrasts with that in China, where the State was not strong enough to break the power of the clan. (E) Evolution of the House Community The primitive house community is not necessarily a pure communism. There is frequently @ considerable development ‘of proprietorship, even over the children, and further especially over iron tools, and textile products. There is also 2 special right of inheritance of the woman from the woman and of the man from the man, Again we may find the absolute patria Potestas as the normal condition, or it may be weakened by other organizations as for example the totemic group or the maternal clan. In one respect the house community is almost always a pure communism, namely in regard to consumption, though not in regard to property. From it as a basis proceed Yarious courses of development, to various results, ‘The small family may evolve into an expanded household and this either in the form of & free community or in that of @ manorial household, as the oikos of a landed baron or a pri ‘The first resulted generally where the centralization, developed on economic grounds, while the manorial Jévelop- ment resulted from political conditions. { Out of the house community developed among the South Stavs the zadruga, in the Alps the commune. In both cases the head of the household is generally elected and generally subject BL NE Htey comin is pers somcnmsian i {a depasion, Ths Fe eithdraws from Ue group fort al Fis to share ie common posewons Ooetogally soba places, as in Sicily and in the Orient, a different course of de., Peseta fok pice te comma being srguneod ant son TmuaBilay but on the ta of shore a6 Wet ing eaten ould sivays dentand« ivion aod takes pian ieemel wes ‘The typical form of the seigniorial development is the patri- archate. Its distinguishing characteristics are the vesting of prop. erty rights excluvely ian inavidea ths head of etre | fol, fom whom no-one ae aright deme anne tnd further the despots potionsabered as held ea the ptarh, Ths espotbm exendnoverwile ooking ae Stock, and implements the familia peeuniapes ata ek Taw, which shows this ype fo te cated rtean ae domintum is absolute andi i a deviation fan see Speak in connection with the woman of manu ce ieeoea ice wh the chilren of potetan The power of the eee ie Extends with ony ritualistic limite toe csc eae of the wife, and f the sale of thechiies orice | ‘otabor.Aécordingo Babylonian, Reman cad sacar tees | la, the father eat adopt sber shires hake Gee and nto fll equality wih them. Theresia seas oe female slave and wife or between wile aad eon ee tween scknowleiged chilaren and saves Tas fone ale liter only besuse ofthe one tinction teteeee feed slaves that thy have a chance sometimes te teen erin famiianthemsctven in short nyse naa eno tate cn I is found in ooaneston with foto ores also in cases where a kaighthoed ghtog af Rare es the tary clay or anally, a conseeten ant ee ship. Ancestor worhip mist, boweren wat ee ce worship of he dads the itt may ene wheat ae eat Torexampl in Egypt. Ancestor wonhip mvonee ce bas of worship of the dead wit can menibostig eee oe tested in Chine and Rome, for erample, he eaheor te tion of the paternal dome “The puttarcal hotwe sommunity no longer exist in its original condition, unmodified te readers eae na the introduction of class endogamy, scone er eee ‘upper-cls clans marred thelr doughs co eee Imanded that they receive a satus superior ee tinves. As son, moreven, a the nile ceed Tena ore tarily Isr power-—wbich aso happened bee Shao 2 | NN : 1, the man ceased to buy her as labor power. Then a clan Feet vaaed to marry off « Geughler hed © provide ber with bic y tufcicat(o maintain the standards of her clase "The aeration of the class principle gave rise to the distinction be- er egitimate, monogemeus qarriage, end the patierchal Fen earriage wie dowry became the normal marrage, nd that only her children could succeed as heirs. Its not true, trese socialistic theory has assumed thatthe interests of the eo ogtimate bers for hs property opened the way t the ie oment of tarriage The wens dedre for belt could ir pfen secured in numerous ways, I Was the intrest Of tbe deve an in having assured to her chidren the propery of the in as dese. Tis dvsopment however fy m9 mss Melved by absolute necessity, mouogemous mariage In gene a arti polygamy pordcds in addition to a ead Safe seahry wes were Hep whose cildren possessed limited Hpi of iahertanoe or none ata Monogamy 1s the exchsive form of marriage st arose, so faros we know, in Rome, being rtulsically prescribed by the form of Roman ancestor worship. In contrast withthe Greeks, among Whom monogamy was known but remained very flexible, the Reman metateed rigorously. Tos support came late? die religious power of the Christa commantints, and the {ove ai, folowing the Christan exomple established monog. day, but aot unt tke tine ofthe Carolingians. Legitimate mar- “ays involved a dsinetion between concubines aa the regular ‘ile, but the female clan went farther in protecting the interests Of tie woman. In Rome It Bat carried though gomplts coo fbeni and peraonl easnciption of the women from the tan, tb csbsting the soiled free marriage, which could be termini at wil by caer party and which gave the woman complete contol over her own propery, althsugh she lot all out over te children if te barrage was digolved. Bvea Fistinian was notable to abolish this institution, The evolution ai legitimate marriage from the marriage with dowry le tan fest bra long tine inthe distinction fund in meny loyal aye (cmsbetwoentarsige with dowry and marriage without dowry Exanaples re the Hgypuans, and the Jews ofthe middle ages Chapter 3 The Origin of Seigniorial Proprietorship Tu swatt Fanny may be the stating point of the develop: | ment of a comraunistic household, but it may also evolve into | the large-scale manorial household, Viewed in its economic re, lations, the latter is primarily the medium of development of | agricultural proprietorship and hence of Grundherrachajt, te | manor and feudalism The differentiation in wealth which lies at the base of this development has different sources. One is chieftainship, whether in the chieftain of a clan or of a military group. The division of the land among the members ofthe cla was in the hands of the clan chieftain. This traditional right often developed into seigniorial power which became hereditary. The respect which 8 clan owed to such hereditary distinction was expresed in gifs and aids in connection with fllage and house building, request services to begin with, but developing into oblisations The leader in war might win the ttle to land through internal diffe. | entiation or through conquest outside the clan, Everywhere | he has a privileged claim in the distribution of booty and in the division of conquered land. His followers also demanded priv. | leged treatment in the allotment of land, This seigniorial land | did not ordinarily share in the burdens of the normal Held div | sions—as, for example, in the ancient German economic system nit on the contrary was cultivated with the aid of the occ\ Piers of the ordinary holdings. i Internal differentiation developed through the appearance of | a professional military class, which resulted from the progress of military technique and improvement in the quality of military equipment. Neither the training nor the equipment were avail- able for men in a dependent economic position. Thus arose a distinction between those classes which by virtue of theit pos sessions were in a position to render military service and to equip themselves for the same, and those who could not do this and consequently were not able to maintain the full status of free men. The development of agricultural technique worked in the same direction as military progress. The result was that the ordinary peasant was increasingly bound to his economic func- 54 t tons. Further dilferentiation came about through the fact that the upper classes, skilled in fighting, and providing their own ‘jguipment, accumulated footy in varying degrees through theit fSlitary activity, while the non-military men who could not do {his became more and more subject to various services and axes. These were either imposed by direct force or resulted sm the purchase of exemptions ‘athe other course of intemal diferentistion is through the onguest and subjugation of some enemy people. Originally, ‘SSoquered enemies are slaughtered, under some circumstances svi cannibalistic orgies. Only as a secondary matter develops the practice of exploiting their labor power and transforming them into a servile class of burden bearers. Thus arises a class of overlords who by their possession of human beings are placed jn @ position to clear and tll land, a thing impossible to the @ __1on freeman. The slave of servile population might be exploited communally, remaining in the possession of the group 8.2 whole, and used for collective tillage of the sol, as was partly the case with the helots in Sparta; or, they might be Uti- Iized individually, being allotted to individual overlords for the tillage of their personal land holdings. This latter development establishes a nobility of conquest. "in addition to conquest and to internal differentiation must be recognized voluntary submission of the defenseless man to the overlordship of amilitary leader. Because the former needed protection he recognized a lord as patromus (in Rome) or as Senior, among the Merovingian Franks, Thus he established a claim to representation before the court, as in the Frankish empire, to a champion inthe tral by battle, orto the testimony of the lord instead of the compurgation of the clansmen. In return he furnished services or payments, the significance of Which is not, however, the economic exploitation of the depend- tat, He can be called upon only for service worthy of a free ‘man, especially for miltary service. In the last days of the Roman Republic, for example, various senatorial families in this way called out hundreds of their elients and colons against Cesar, The fourth mode of origin of seigniorial proprietorship is through land settlement under feudal terms. The chieftain with large possessions in human beings and work animals i§ in a position to reclaim land on a quite different scale fromthe or- inary peasant, But cleared land belonged in principle to him ‘who brought it under tillage, as long as he was able to cultivate it, Thus the differential command over human labor power, where it appeared, worked indirectly as well as directly in the % field of winning land for a seigniorial clas. An example of such exploitation of a superior economic position is the patrcians | exercise ofthe right of occupancy on the Roman ager publicus, ‘The seigaiorial land, after it was broken up, was regularly uilized by the method of leasing. Leases were granted to for- ‘lgners,—for example to craftsmen, who then stood under the ‘otection ofthe king or chieftain—or to impoverished persons. Where the latter are coneermed we find, especially among no- adie peoples, the leasing of cattle also; otherwise in general the plating of settles upen baronial land under obligation to ‘make payments and render services. This isthe so-alled colo. nate, met with all over the East, in Italy, in Gaul, and also among the Germans. Money fiefs and grain fiefs, essentially loans, are also frequently « means to the accumulation of serfs | and of land. Alongside the colons and slaves, the peons ot nexi_| play a large roe, especially in the economic life of antiquity Frequently there was an intermixing of those forms of de- pendency which grew out of clan relations with those deriving from seigniorial power. For landless men in the protection of an overlord, or for foreigners, membership in a'clan was no Jonger in question and the distinctions between clan members, mark members, and members of the tribes disappear in the single category’of feudal dependents. A further source in the development of seigniorial claims is the profession of magic. In ‘many cases the chieftain developed, not out ofa military leader, but out ofa rainmaker. The medicine man could lay a curse on certain objects, which then became protected by “taboo” against all molestation, The aristocracy of magie thus acquired priestly property, and where the prince allied himself with the priest he employed the taboo to secure his personal possessions, this is especially common in the South Sea Islands A sixth possibility for the development of sejgniori prop- erty is afforded by trade. Regulation of trade with other eom- ‘unites originally Tis entirely in the hands of the chieftain, who at first isreqtired to use it in the interests of the tribe. He sakes ita source of income for himself by levying duties which, to begin with, are only a payment for the protection he grants to foreign merchants, since he grants market concessions and protects market dealings—for « consideration always, as need not be said. Later the chieftain often goes on to trade on his own account, establishing a monopoly by excluding the mem. bership of the community—village, tribe, or clan. Thus be ob- tains the means of making loans, which’ are the means Of re. dicing his own tribesmen to peonage, and of accumulating land, 56 NO MViffade may be carried on by such chieftains according to two “ qainods: either the regulation of trade, and hence its monopo- tfion, Femains in the hands of the individual chieftain, or a jgoup of chieftains unite to form a trading settlement. This Be gives rise to a town, with a patriciate of traders, that is, a vileged stratum whose position rests upon the accumulation Afpropery through trading prot The fst is the rule among Gihy Negro tribes, as on the coast of Kamerun. In Ancient , monopolization of trade was typically in the hands of an jAlwidual, the imperial power of the Pharaohs resting in large ‘on their personal trade monopolies. We find similar con- Bifons among the kings of Cyrenaica, and later, in part, in sedieval feudalism. “The second form of chieftain trade, the development of @ tow nobility is typical for antiquity and the early middle ages. ji Genoa, and in Venice on the Rialto, the noble families settled together are the only full citizens. They finance the merchants, ‘without themselves taking part in trade, through various forms fof credit, The result is indebtedness of the other population wups, especially the peasants, to the municipal patriciate, In this way arose the patrician landed proprietorship of antiquity, alongside that of military princes. Thus the ancient nations are characterized as an assemblage of coast-wise towns with a nobil- ity of large land owners interested in trade. The culture of sitiquity retained a coastal character down into the Greek riod. No town of this older period lies farther than a day's Joumey inland, In the country, by contrast, were the seats of {he baronial chieftains with their tenants. ‘Seigniorial property may also have fiscal roots, in the organi- zation of taxation and the offcialdom of the state, and under ihis caption there are two possiblities. Either there arose a cen- tealized personal enterprise of the prince with separation of the aiministrative officials from the resources with which they worked, so that political power belonged to no one except to the prince, or else there was a class organization of the adm tration with the enterprises of vassals, tax farmers and officials, functioning in a subsidiary role alongside that of the prince. In ihe latter case, the prince granted the land to the subordinates ‘who paid all the costs of administration out of their own pockets. ‘According to the dominance of one or the other of these sys- tems, the political and social constitution of the state would be tnlirely different, Economic considerations largely dete which form would win out. The east and the west show iti this, regard the usual contrast. For oriental economy—China, Asia 37

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