第 3 节
作者:着凉      更新:2021-02-19 19:25      字数:9321
  consanguinity has seemed to be revived by theories which are
  sometimes called generally theories of Nationality; and of which
  particular forms are known to us as Pan…Sclavism and
  Pan…Teutonism。 Such theories are in truth a product of modern
  philology; and have grown out of the assumption that linguistic
  affinities prove community of blood。 But wherever the political
  theory of Nationality is distinctly conceived; it amounts to a
  claim that men of the same race shall be included; not in the
  same tribal; but in the same territorial sovereignty。
  We can perceive; from the records of the Hellenic and Latin
  city…communities; that there; and probably over a great part of
  the world; the substitution of common territory for common race
  as the basis of national union was slow; and not accomplished
  without very violent struggles。 'The history of political ideas
  begins;' I have said elsewhere; 'with the assumption that kinship
  in blood is the sole possible ground of community in political
  functions; nor is there any of those subversions of feeling which
  we emphatically term revolutions so startling and so complete as
  the change which is accomplished when some other principle
  such as that; for instance; of local contiguity  establishes
  itself for the first time as the basis of common political
  action。' The one object of ancient democracies was; in fact; to
  be counted of kin to the aristocracies; simply on the ground that
  the aristocracy of old citizens; and the democracy of new; lived
  within the same territorial circumscription。 The goal was reached
  in time both by the Athenian Demos and by the Roman Plebs; but
  the complete victory of the Roman popular party was the source of
  influences which have not spent themselves at the present moment;
  since it is one of the causes why the passage from the Tribal to
  the Territorial conception of Sovereignty was much more easy and
  imperceptible in the modern than in the older world。 I have
  before stated that a certain confusion; or at any rate
  indistinctness of discrimination; between consanguinity and
  common subjection to power is traceable among the rudiments of
  Aryan thought; and no doubt the mixture of notions has helped to
  bring about that identification of common nationality with common
  allegiance to the King; which has greatly facilitated the
  absorption of new bodies of citizens by modern commonwealths。 But
  the majesty with which the memory of the Roman Empire surrounded
  all kings has also greatly contributed to it; and without the
  victory of the Roman Plebeians there would never have been; I
  need hardly say; any Roman Empire。
  The new knowledge which has been rapidly accumulating of late
  years enables us to track precisely the same transmutation of
  ideas amid the smaller groups of kinsmen settled on land and
  forming; not Commonwealths; but Village…Communities。 The
  historian of former days laboured probably under no greater
  disadvantage than that caused by his unavoidable ignorance of the
  importance of these communities; and by the necessity thus
  imposed upon him of confining his attention to the larger
  assemblages of tribesmen。 It has often; indeed; been noticed that
  a Feudal Monarchy was an exact counterpart of a Feudal Manor; but
  the reason of the correspondence is only now beginning to dawn
  upon us; which is; that both of them were in their origin bodies
  of assumed kinsmen settled on land and undergoing the same
  transmutation of ideas through the fact of settlement。 The
  history of the larger groups ends in the modern notions of
  Country and Sovereignty; the history of the smaller in the modern
  notions of Landed Property。 The two courses of historical
  development were for a long while strictly parallel; though they
  have ceased to be so now。
  The naturally organised; self…existing; Village…Community can
  no longer be claimed as an institution specially characteristic
  of the Aryan races。 M。 de Laveleye; following Dutch authorities;
  has described these communities as they are found in Java; and M
  Renan has discovered them among the obscurer Semitic tribes in
  Northern Africa。 But; wherever they have been examined; the
  extant examples of the group suggest the same theory of its
  origin which Mr Freeman ('Comparative Politics;' p。 103) has
  advanced concerning the Germanic village…community or Mark; 'This
  lowest political unit was at first; here (i。 e。 in England) as
  elsewhere; formed of men bound together by a tie of kindred; in
  its first estate natural; in a later stage either of kindred
  natural or artificial。' The evidence; however; is now quite ample
  enough to furnish us with strong indications not only of the mode
  in which these communities began; but of the mode in which they
  transformed themselves。 The world; in fact; contains examples of
  cultivating groups in every stage; from that in which they are
  actually bodies of kinsmen; to that in which the merest shadow of
  consanguinity survives and the assemblage of cultivators is held
  together solely by the land which they till in common。 The great
  steps in the scale of transition seem to me to be marked by the
  Joint Family of the Hindoos; by the House…Community of the
  Southern Sclavonians; and by the true Village…Community; as it is
  found first in Russia and next in India。 The group which I have
  placed at the head; the Hindoo…Joint Family; is really a body of
  kinsmen; the natural and adoptive descendants of a known
  ancestor。 Although the modern law of India gives such facilities
  for its dissolution that it is one of the most unstable of social
  compounds; and rarely lasts beyond a couple of generations;
  still; so long as it lasts; it has a legal corporate existence;
  and exhibits; in the most perfect state; that community of
  proprietary enjoyment which has been so often observed; and (let
  me add) so often misconstrued; in cultivating societies of
  archaic type。 'According to the true notion of a joint undivided
  Hindoo family;' said the Privy Council; 'no member of the family;
  while it remains undivided; can predicate of the joint undivided
  property that he; that particular member; has a certain definite
  share。。。。 The proceeds of undivided property must be brought;
  according to the theory; into the common chest or purse; and then
  dealt with according to the modes of enjoyment of the members of
  an undivided family。' (Per Lord Westbury; Appovier v。 Rama Subba
  Aiyan; 11 Moore's Indian Appeals; 75。) While; however; these
  Hindoo families; 'joint in food; worship; and estate;' are
  constantly engaged in the cultivation of land; and dealing with
  its produce 'according to the modes of enjoyment of an undivided
  family;' they are not village…communities。 They are only
  accidentally connected with the land; however extensive their
  landed property may be。 What holds them together is not land; but
  consanguinity; and there is no reason why they should not occupy
  themselves; as indeed they frequently do; with trade or with the
  practice of a handicraft。 The House…Community; which comes next
  in the order of development; has been examined by M。 de Laveleye
  (P。 et 8。 F。 P。; p。 201); and by Mr。 Patterson ('Fortnightly
  Review;' No。 xliv。); in Croatia; Dalmatia; and Illyria; countries
  which; though newer to us than India; have still much in common
  with the parts of the East not brought completely under Mahometan
  influences; but there is reason to believe that neither Roman law
  nor feudalism entirely crushed it even in Western Europe。 It is a
  remarkable fact that assemblages of kinsmen; almost precisely the
  counterpart of the House…Communities surviving among the
  Sclavonians; were observed by M。 Dupin; in 1840; in the French
  Department of the Ni鑦re; and were able to satisfy him that even
  in 1500 they had been ac