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the origin of the distinction of ranks-第21部分

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2。 Leviticus; chap。 xix; ver。 32。 3。 Job; chap。 xxxii。 4。 Histoire generale des voyages。 5。 Notwithstanding that old men are commonly so much respected among savages; they are sometimes put to death when so far advanced in years as to have lost the use of their faculties。 This shows; that the estimation in which they are held does not proceed from a principle of humanity; but from a regard to the useful knowledge they are supposed to possess。  6。 Pope's translation of the Iliad; book 9; l。 582。 7。 Genesis; chap。 xxvii; ver。 38。  8。 Genesis; chap。 xlii; ver。 37。 9。 Deuteronomy; chap。 xxi; ver。 18。 10。 Exodus; chap。 xxi; ver。 7。 11。 Narrative of the honourable John Byron。  12。 AElian mentions the Thebans alone as having made a law forbidding the exposition of infants under a capital punishment; and ordaining; that if the parents were indigent; their children; upon application to the magistrate; should be maintained and brought up as slaves。 AElian; var。 hist。 lib。 2; cap。 7。 13。 Dionysius of Halicarnassus; lib。 11; l。 11。 Dig。 de lib。 et postum。 ?3。 Inst。 per quas person。 ciuq。 'cuiq。' adquir。 1。 ult。 Cod。 de impub。 et al。 subst。 1。 4。 Dig。 de judic。 ?6。 Inst。 de inut。 stip。     Upon the same principle a father might claim his son from any person; by the ordinary action upon property; lib。 1。 ?2。 Dig。 de rei vind。 If a son had been stolen from his father; the 'actio furti' was given against the thief; l。 38。 Dig。 de furt。 When children were sold by their father; the form of conveyance was the same which was used in the transference of that valuable property which was called 'res mancipi' ; Cai。 Inst。 1。 6; 3。  14。 It was called 'peculium castrense。' 15。 Peculium quasi castrense。 16。 The subject so acquired was called peculium adventitium。 Constantine made the first regulations concerning it; which were extended by his successors; especially by the emperor Justinian。 Vid。 Tit。 Cod。 de bon。 matern。  Tit。 de bon。 quae lib。 17。 Aristot。 Ethic: lib。 6。 cap。 10。 18。 Though in China a man is not allowed to have more wives than one; yet he may have any number of concubines; which; in the point under consideration;must have nearly the same effect。 Le Compte's memoirs of China。 19。 Ibid。 20。 Travels of the Jesuits; compiled from their letters; translated by Lockman; vol。 1; p。 448。 Chapter III The authority of a Chief over the members of a tribe or village Section I The origins of a chief; and the degrees of influence which he is enabled to acquire     Having considered the primitive state of a family during the life of the father; we may now examine the changes which happen in their situation; upon the death of this original governor; and the different species of authority to which they are then commonly subjected。     When the members of a family become too numerous to be all maintained and lodged in the same house; some of them are under the necessity of leaving it; and providing themselves with a new habitation。 The sons; having arrived at the age of manhood; and being disposed to marry; are led by degrees to have a separate residence; where they may live in a more comfortable manner。 They build their huts very near one to another; and each of them forms a distinct family; of which he assumes the direction; and which he endeavours to supply with the means of subsistence。 Thus the original society is gradually enlarged into a village or tribe; and according as it is placed in circumstances which favour population; and render its condition prosperous and flourishing; it becomes proportionably extensive; and is subdivided into a greater multiplicity of branches。     From the situation of this early community; it is natural to suppose that an uncommon degree of attachment will subsist between all the different persons of which it is composed。 As the ordinary life of a savage renders him hardy and robust; so he is a stranger to all those considerations of utility; by which; in a polished nation; men are commonly induced to restrain their appetites; and to abstain from violating the possessions of each other。 Different clans or tribes of barbarians are therefore disposed to rob and plunder one another; as often as they have an opportunity of doing it with success; and the reciprocal inroads and hostilities in which they are engaged become the source of continual animosities and quarrels; which are prosecuted with a degree of fury and rancour sited to the temper and dispositions of the people。 Thus the members of every single clan are frequently at variance with all their neighbours around them。 This makes it necessary that they should be constantly upon their guard; in order to repel the numerous attack to which they are exposed; and to avoid that barbarous treatment; which they have reason to expect; were they ever to fall under the power of their enemies。 As they are divided from the rest of the world; so they are linked together by a sense of their common danger; and by a regard to their common interest。 They are united in all their pastimes and amusements; as well as in their serious occupations; and when they go out upon a military enterprise; they are no less prompted to show their friendship for one another; than to gratify their common passions of enmity and resentment。 As they have been brought up together from their infancy; and have little intercourse with those of a different community; their affections are raised to a greater height; in proportion to the narrowness of that circle to which they are confined。 As the uniformity of their life supplies them with few occurrences; and as they have no opportunity of acquiring any great variety of knowledge; their thoughts are the more fixed upon those particular objects which have once excited their attention; they retain more steadily whatever impressions they have received; and become the more devoted to those entertainments and practices with which they have been acquainted。     Hence it is; that a savage is never without difficulty prevailed upon to abandon his family and friends; and to relinquish the sight of those objects to which he has been long familiar。 To be banished from them is accounted the greatest of all misfortunes。 His cottage; his fields; the faces and conversation of his kindred and companions; recur incessantly to his memory; and prevent him from relishing any situation where these are wanting。 He clings to those well…known objects; and dwells upon all those favourite enjoyments which he has lost。 The poorer the country in which he has lived; the more wretched the manner of life to which he has been accustomed; the loss of it appears to him the more insupportable。 That very poverty and wretchedness; which contracted the sphere of his amusements; is the chief circumstance that confirms his attachment to those few gratifications which it afforded; and renders him the more a slave to those particular habits which he has acquired。 Not all the allurements of European luxury could bribe a Hottentot to resign that coarse manner of life which was become habitual to him; and we may remark; that the 'maladie du pays;' which has been supposed peculiar to the inhabitants of Switzerland; is more or less felt by the inhabitants of all countries; according as they approach nearer to the ages of rudeness and simplicity。(1*)     Those tribes that inhabit the more uncultivated parts of the earth being almost continually at war with their neighbours; and finding it necessary to be always in a posture of defence; have constant occasion for a leader to conduct them in their various military enterprises。     Wherever a number of people meet together in order to execute any measures of common concern; it is convenient that some person should be appointed to direct their proceedings; and prevent them from running into confusion。 It accordingly appears to be a regulation; uniformly adopted in all countries; that every public assembly should have a president; invested with a degree of authority suitable to the nature of the business committed to their care。 But in no case is a regulation of this kind so necessary as in the conduct of a military expedition。 There is no situation in which a body of men are so apt to run into disorder; as in war; where it is impossible that they should co…operate; and preserve the least regularity; unless they are united under a single person; impowered to direct their movements; and to superintend and control their several operations。     The members of a family having been usually conducted by the father in all their excursions of moment; are naturally disposed; even when their society becomes larger; to continue in that course of action to which they have been accustomed; and after they are deprived of this common parent; to fall under the guidance of some other person; who appears next to him in rank; and has obtained the second place in their esteem and confidence。     Superiority in strength; courage; and other personal accomplishments; is the first circumstance by which any single person is raised to be the leader of a tribe; and by which he is enabled to maintain his authority。     In that rude period; when men live by hunting and fishing; they have no opportunity of acquiring any considerable property; and there are no distinctions in the rank of individuals; bu
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