India, Old And New, With a Memorial Address [in Honor of Professor Salisbury]
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regard to house and land as are the early jurists to avoid express mention of such forms of inheritance. Professor Jolly finds in the implication of impartible real estate (as opposed to express rules for partible property) Spuren einer ehemaligen Feldgemeinschaft ganzer Dorfer, and is perhaps inclined to retain the village community, though he is not explicit on this point (§§ 23, 27, of Recht und Sitte), perhaps owing to lack of space to discuss the subject. This would at any rate be the natu...ral inference if one believed that village ownership necessarily implied a village community. But, as will be seen, there is no necessity for accepting this conclusion.
On the other hand, I think there can be no doubt that the general Hindu theory of impartible real estate is a distinct blow to the sweeping generalization made by Mr. Baden- Powell when he stated that the early Aryans in India recog- nized only private ownership in land. If the theory he advanced depended on the truth of this generalization, it would have to be abandoned as no less unsatisfactory than that of Sir Henry Maine.
What to read after India, Old And New, With a Memorial Address [in Honor of Professor Salisbury]?
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To quickly assess the difficulty of the text, read a short excerpt:
regard to house and land as are the early jurists to avoid express mention of such forms of inheritance. Professor Jolly finds in the implication of impartible real estate (as opposed to express rules for partible property) Spuren einer ehemaligen Feldgemeinschaft ganzer Dorfer, and is perhaps inclined to retain the village community, though he is not explicit on this point (§§ 23, 27, of Recht und Sitte), perhaps owing to lack of space to discuss the subject. This would at any rate be the natu...ral inference if one believed that village ownership necessarily implied a village community. But, as will be seen, there is no necessity for accepting this conclusion.
On the other hand, I think there can be no doubt that the general Hindu theory of impartible real estate is a distinct blow to the sweeping generalization made by Mr. Baden- Powell when he stated that the early Aryans in India recog- nized only private ownership in land. If the theory he advanced depended on the truth of this generalization, it would have to be abandoned as no less unsatisfactory than that of Sir Henry Maine.
What to read after India, Old And New, With a Memorial Address [in Honor of Professor Salisbury]?
You can find similar books in the "Read Also" column, or choose other free books by Hopkins, Edward Washburn, 1857-1932 to read onlineMoreLess
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