"The land belonged to the clan, and the clan was settled upon the land. A man was thus not a member of the clan, because he lived upon, or even owned, the land; but he lived upon the land, and had interests in it, because he was a member of the clan."[9]

Greek and German customs were quoted at the outset. Among the Celts the laws of ancient Ireland show a transitional stage. "The land of the tribe consisted of two distinct allotments, the 'fechfine' or tribeland, and the 'orta' or inheritance land. This latter belonged as individual property to the men of the chieftain groups."[10] The Hindoo joint-family and the house-community of the Southern Slavonians are present examples of group ownership. They are joint in food, worship, and estate. They have a common home, a common table. Maxims of the Slavs express their appreciation of community life: "The common household waxes rich"; "The more bees in the hive, the heavier it weighs." One difficulty in the English administration of Ireland has been this radical difference between the modern Englishman's individualistic conception of property and the Irishman's more primitive conception of group or clan ownership. Whether rightly or not, the Irish tenant refuses to regard himself as merely a tenant. He considers himself as a member of a family or group which formerly owned the land, and he does not admit the justice, even though he cannot disprove the legality, of an alienation of the group possession. For such a clan or household as we have described is not merely equivalent to the persons who compose it at a given time. Its property belongs to the ancestors and to the posterity as well as to the present possessors; and hence in some groups which admit an individual possession or use during life, no right of devise or inheritance is permitted. The property reverts at death to the whole gens or clan. In other cases a child may inherit, but in default of such an heir the property passes to the common possession. The right to bequeath property to the church was long a point on which civil law and canon law were at variance. The relations of the primitive clan or household group to land were therefore decidedly adapted to keep the individual's good bound up with the good of the group.

      2. Movable Goods.—In the case of movable goods, such as tools, weapons, cattle, the practice is not uniform. When the goods are the product of the individual's own skill or prowess they are usually his. Tools, weapons, slaves or women captured, products of some special craft or skill, are thus usually private. But when the group acts as a unit the product is usually shared. The buffalo and salmon and large game were thus for the whole Indian group which hunted or fished together; and in like manner the maize which was tended by the women belonged to the household in common. Slavic and Indian house communities at the present day have a common interest in the household property. Even women and children among some tribes are regarded as the property of the group.

      § 4. THE KINSHIP AND FAMILY GROUPS WERE POLITICAL BODIES

      In a modern family the parents exercise a certain degree of control over the children, but this is limited in several respects. No parent is allowed to put a child to death, or to permit him to grow up in ignorance. On the other hand, the parent is not allowed to protect the child from arrest if a serious injury has been done by him. The State, through its laws and officers, is regarded by us as the highest authority in a certain great sphere of action. It must settle conflicting claims and protect life and property; in the opinion of many it must organize the life of its members where the coöperation of every member is necessary for some common good. In early group life there may or may not be some political body over and above the clan or family, but in any case the kin or family is itself a sort of political State. Not a State in the sense that the political powers are deliberately separated from personal, religious, and family ties; men gained a new conception of authority and rose to a higher level of possibilities when they consciously separated and defined government and laws from the undifferentiated whole of a religious and kindred group. But yet this primitive group was after all a State, not a mob, or a voluntary society, or a mere family; for (1) it was a more or less permanently organized body; (2) it exercised control over its members which they regarded as rightful authority, not as mere force; (3) it was not limited by any higher authority, and acted more or less effectively for the interest of the whole. The representatives of this political aspect of the group may be chiefs or sachems, a council of elders, or, as in Rome, the House Father, whose patria potestas marks the extreme development of the patriarchal family.

      The control exercised by the group over individual members assumes various forms among the different peoples. The more important aspects are a right over life and bodily freedom, in some cases extending to power of putting to death, maiming, chastising, deciding whether newly born children shall be preserved or not; the right of betrothal, which includes control over the marriage portion received for its women; and the right to administer property of the kin in behalf of the kin as a whole. It is probable that among all these various forms of control, the control over the marriage relations of women has been most persistent. One reason for this control may have been the fact that the group was bound to resent injuries of a member of the group who had been married to another. Hence this responsibility seemed naturally to involve the right of decision as to her marriage.

      It is Membership in the Group Which Gives the Individual Whatever Rights He Has.—According to present conceptions this is still largely true of legal rights. A State may allow a citizen of another country to own land, to sue in its courts, and will usually give him a certain amount of protection, but the first-named rights are apt to be limited, and it is only a few years since Chief Justice Taney's dictum stated the existing legal theory of the United States to be that the negro "had no rights which the white man was bound to respect." Even where legal theory does not recognize race or other distinctions, it is often hard in practice for an alien to get justice. In primitive clan or family groups this principle is in full force. Justice is a privilege which falls to a man as belonging to some group—not otherwise. The member of the clan or the household or the village community has a claim, but the stranger has no standing. He may be treated kindly, as a guest, but he cannot demand "justice" at the hands of any group but his own. In this conception of rights within the group we have the prototype of modern civil law. The dealing of clan with clan is a matter of war or negotiation, not of law; and the clanless man is an "outlaw" in fact as well as in name.

Joint Responsibility and mutual support, as shown in the blood feud, was a natural consequence of this fusion of political and kindred relations. In modern life States treat each other as wholes in certain respects. If some member of a savage