The evolution of the Aryan
Book Details
Author(s)Rudolf von Jhering
PublisherUniversity of Michigan Library
ISBN / ASINB003AM8ZSY
ISBN-13978B003AM8ZS5
MarketplaceGermany 🇩🇪
Description
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897. Excerpt: ... shortly before their departure, brought the last sacrifice to the dead. The departure took place in March; the last sacrifice at the end of February (§ 38). During the migratory period the dead were disposed of in this way: where a stream had to be crossed, the old folks were thrown from the bridge into the water (§ 49) as tribute to the river god. The most edifying thing which Fustel de Coulanges has brought to light in the way of inevitable results is the elevation of the sober Roman mancipio into a religious act, and the conversion of the humble libripcm into a priest. The land and soil belong to the household god; consequently, if a transfer of property has to be made, it must necessarily be clothed in religious forms. That the same ritual occurs also at the mancipation of all other res mandpi, and even in the nexum, has escaped his notice. Oxen and asses were blessed by the priest when they passed into other hands. The priest dragged in to sanction the usury of the Aryan by a religious rite--what more do we need to exclude all necessity of tracing the rite of mancipation back to religion? How great the number of priests would have had to be (it is known to have been a very small one) if at every mancipation and at every nexum the function of libripens had to be performed by a priest! The conclusion we arrive at is that, of all the points which this scholar brings forward, not one is confirmed! The meaning of the Aryan sacrifice is, for the Romans, confined to the sacra popularia and privata, correctly estimated by the science of our day. Here I conclude my remarks upon Aryan domestic law, in order that I may turn my attention to the law of property. (/) The Law Of Property. § 14. In the whole range of jurisprudence no question necessit...



