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distinguished from those of individual tribesmen。 ('Ancient Laws






of Ireland;' ii。 289。) Nor is it a purely cultivating body; it






may follow a professional calling。 (Ibid。; iii。 49…51。) A portion






of the tribal domain; probably the arable and choice pasture






lands; has been allotted to separate households of tribesmen; but






they hold their allotments subject to the controlling rights of






the entire brotherhood; and the primary or fundamental rule is






that they are to keep their shares of tribe…land intact。 'Every






tribesman is able to keep his tribe…land; he is not to sell it or






alienate or conceal it; or give it to pay for crimes or






contracts。' ('Ancient Laws of Ireland;' ii。 283。) 'No person






should leave a rent upon his land or upon his tribe which he did






not find upon it。' (Ibid。; iii。 52; 53。) 'Everyone is wealthy who






keeps his tribe…land perfect as he got it; who does not leave






greater debt upon it than he found on it。' (Ibid。; iii。 55。)






    Under certain circumstances the tribesman may alienate; by






grant; contract; or bequest; a certain quantity of the tribe…land






allotted to him; but what are the circumstances; and what the






quantity; are points on which we cannot venture to make any






precise statement; so obscure and contradictory are the rules set






forth。 But the grantee primarily contemplated is certainly the






Church; though it seems clear that there is a general power of






alienation; either with the consent of the entire tribal






brotherhood or under pressure of strong necessity。 It further






appears to be beyond question that the tribesman has considerably






greater power of disposition over property which he has acquired






than over property which has devolved on him as a member of a






tribe; and that he has more power over acquisitions made by his






own unaided industry than over acquisitions made through profits






arising from the cultivation of tribal land。 'No person should






grant land except such as he has purchased himself; unless by the






common consent of the tribe。 ('Ancient Laws of Ireland;' iii。 52;






53。) 'He who has not sold or bought (i。e。; he who keeps his






tribeland as he obtained it) is allowed to make grants; each






according to his dignity (i。e。; as the commentator explains; to






the extent of one…third or one…half of his tribe…land)。' 'He who






neither sells nor purchases may give as far as the third of his






tribe…share in case of little necessity and one…half in case of






great necessity' ('Ancient Laws of Ireland;'iii。 47。) 'If it be






land that acquires it; it is one…half;。。。 if he be a professional






man; it is two…thirds of his contracts ' (iii。 49)。






    The distinction between acquired property and property






inherited or received from kinsmen; and the enlarged power of






parting with the first; are found in many bodies of ancient law






 in our own early law among others。 The rule that alienations;






otherwise unlawful; may be made under pressure of necessity; is






found in many parts of Hindoo law。 The rule requiring the consent






of the collective brotherhood to alienations; with many minor






rules of this part of Brehon law; constantly forms part of the






customs of Indian and Russian village…communities; and the duty






of following common practices of tillage; which is the bequest






from these communities which lasted longest in the Germanic






countries; is classed by the Corus Bescna; along with Marriage;






as one of the fundamental institutions of the irish people。






('Ancient Laws of Ireland;' iii。 17。) But much the most striking






and unexpected analogies in the Brehon law on the subject of






Tribesmen and the Tribe are those which it has with the Hindoo






law of Joint Undivided Families。 Under the Brahminical Indian






law; whenever a member of a joint family has acquired property






through special scientific knowledge or the practice of a liberal






art; he does not bring it into the common fund; unless his






accomplishments were obtained through a training given to him by






his family or at their expense。 The whole law on the subject was






much considered in a strange case which arose before the High






Court of Madras ('Madras High Court Reports;' ii。 56); where a






joint family claimed the gains of a dancing…girl。 The decision of






the Court is thus summarised by the Reporter: 'The ordinary gains






of science are divisible (i。e。; they are brought into hotchpot






upon partition of an undivided estate); when such science has






been imparted at the family expense and acquired while receiving






a family maintenance。 It is otherwise when the science has been






imparted at the expense of persons not members of the learner's






family。' The very counterparts of the Indian rule and of the






Indian exception are found in the ancient Irish law。 'If (the






tribesman) be a professional man…that is; if the property be






acquired by judicature or poetry; or any profession whatsoever 






he is capable of giving two…thirds of it to the Church。。。 but; if






it was the lawful profession of his tribe; he shall not give of






the emolument of his profession but just as he could give of the






land of his tribe。' (Corus Bescna; 'Ancient Laws of Ireland;'






iii。 5。) It will be seen from the instances which I have given






that the rules of the Irish Brehon law regulating the power of






individual tribesmen to alienate their separate property answer






to the rules of Indian Brahminical law which regulate the power






of individual members of a joint family to enjoy separate






property。 The difference is material。 The Hindoo law assumes that






collective enjoyment by the whole brotherhood is the rule; and it






treats the enjoyment of separate property by individual brethren






as an exception  an exception; I may add; round which an






enormous mass of law has now clustered。 On the other hand; the






Brehon law; so far as it can be understood; seems to me






reconcileable with no other assumption than that individual






proprietary rights have grown up and attained some stability






within the circle of the tribe。 The exercise of these rights is






at the same time limited by the controlling powers of the






collective brotherhood of tribesmen; and to these last; as to the






Agnatic Kindred at Rome; some ultimate right of succession






appears to be reserved。 Hence the Irish legal unit is not






precisely a Joint Family; if the Brehon law is to be trusted; it






has considerably less of the 'natural communism' which






characterises the Indian institution。 The 'Fine' of the tracts is






constantly spoken of in connection with landed property; and;






whenever it is so connected; I imagine it to have undergone some






of the changes which are constantly brought about by contact with






the land; and I figure it to myself in that case as a Mark or






Village…Community; in which the ideas proper to the older group






out of which it grew; the Joint Family; have survived in






exceptional strength It in this respect approaches the Russian






rather than the Indian type of village…community。






    The 'Judgments of Co…T

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