Studies in History, Economics, and Public Law Volume 34

Studies in History, Economics, and Public Law Volume 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...on a few great land-owners and a horde of slaves and dependents. Its ideal was that every individual was to seek his own advantage protected by the power of the state. The German law on the contraryjwas tinctured with communal ethics and emphasized the welfare of the group as against that of the individual. The holding of common lands, so fully recognized by German customs, was an example of their spirit of neighborliness. The new jurisprudence had the effect of undermining the personal status of the German peasant. Roman law did not recognize the various gradations of personally free peasants varying from those with very few dues and services to others with very many, the amount, however, in most cases being definite and limited. It included only gradations of the personally unfree, --the colonus or serf and the servus or slave. The tendency, already strong, to reduce a comparatively free and prosperous peasantry to a state of hopeless serfdom by increasing dues and services, confiscating common lands and enforcing severe game laws, received a fresh impetus through the introduction of this ancient ideal. The jurists were of great service to the lords in getting up legal quibbles to despoil the peasant of his rights. They declared German leases to be limited, and many peasants were ousted from their life-holdings because they could show no documentary proof of ownership. The free German peasant found himself sliding very rapidly into the position of a Roman colonus.1 A popular skit by the satirist Thomas Murner runs thus: "Es ist ein Volk, das seyndt Juristen Wie seyndt mir das so solliche Christen Sie thunt das Recht so spitzig biigen Und konnens wo man will hinfiigen Darnach wirt Recht falschlich Ohnrecht Das macht manchen more

Product details

  • Paperback | 172 pages
  • 189 x 246 x 9mm | 318g
  • United States
  • English
  • black & white illustrations
  • 1236804406
  • 9781236804402