Mutual Aid; a factor of evolution

Communal work. Judicial procedure. Inter-tribal law. Illustrations from the life

e to observe the savages whose manners of life are still those of neolithic man, we find them closely bound together by an extremely ancient clan organization which enables them to combine their individually weak forces, to enjoy life in common, and to progre

ndividuals against individuals; and out of this chaotic contest of hostile forces, mankind issues divided into castes, enslaved to despots, separated into States always ready to wage war against each other. And, with this history of mankind in his hands, the pessimist philosopher triumphantly concludes that

r fiction and poetry, suffer from the same one-sidedness. They hand down to posterity the most minute descriptions of every war, every battle and skirmish, every contest and act of violence, every kind of individual suffering; but they hardly bear any trace of the countless acts of mutual support and devotion which every one of us knows from his own experience; they hardly. take notice of what makes the very essence of our daily life - our social instincts and manners. No wonder, then, if the records of the past were so imperfect. The annalists of old never failed to chronicle the petty wars and calamities which harassed their contemporaries; but they paid no attention whatever to the life of the masses, although the masses chiefly used to toil

ses, in order to indicate the part played by mutual support during those periods; and, in so doing, we may dispense (for the sake of brevity) from going as far back as the Egyptian, or even the Greek and Roman antiquity. For, in fact, the evolution of mankind has not had the character of one unbroken series. Several times civilization came to an end in one given region, with one given race, and began anew elsewhere, among other races. But at

uite recent desiccation, continued still at a speed which we formerly were not prepared to admit.1 Against it man was powerless. When the inhabitants of North–West Mongolia and East Turkestan saw that water was abandoning them, they had no course open to them but to move down the broad valleys leading to the lowlands, and to thrust westwards the inhabitants of the plains.2 Stems after stems were thus thrown into Europe, compelling other stems to move and to remove for centuries in succession, westwar

lready mentioned, the separate patriarchal family had slowly but steadily developed within the clans, and in the long run it evidently meant the individual accumulation of wealth and power, and the hereditary transmission of both. The frequent migrations of the barbarians and the ensuing wars only hastened the division of the gentes into separate families, while the dispersing of stems and their mingling with strangers offered singular facili

ancestors and were endowed with a local territorial character. They became the gods or saints of a given locality; "the land" was identified with its inhabitants. Territorial unions grew up instead of the consanguine unions of old, and this new organization evidently offered many advantages under the given circumstances. It recognized the independence of the family and even emphasized it, the village community disclaiming all rights of interference in what was going on within the family enclosur

ived Roman rule in Italy, and revived after the fall of the Roman Empire. It was the rule with the Scandinavians, the Slavonians, the Finns (in the pittaya, as also, probably, the kihla-kunta), the Coures, and the lives. The village community in India - past and present, Aryan and non-Aryan - is well known through the epoch-making works of Sir Henry Maine; and Elphinstone has described it among the Afghans. We also find it in the Mongolian oulous, the Kabyle thaddart, the Javanese dessa, the Malayan kota or tofa, and under a variety of names in Abyssinia, the Soudan, in the interior of Afri

r joint household and cattle in common, and taking their meals at the common hearth. They kept in such case to what ethnology knows as the "joint family," or the "undivided household," which we still see all over China, in India, in the South Slavonian zadruga, and occasionally find in Africa, in America, in Denmark, in North Russia, and West France.5 With other stems, or in other circumstances, not yet well specified, the families did not attain the same proportions; the gran

d not, recognize anything of the kind, and, as a rule, it does not recognize it now. The land was the common property of the tribe, or of the whole stem, and the village community itself owned its part of the tribal territory so long only as the tribe did not claim a re-distribution of the village allotments. The clearing of the woods and the breaking of the prairies being mostly done by the communities or, at least, by the joint work of several families - always with the consent of the community - the cleared plots were held by each family for a term of four, twelve, or twenty years, after which term they were treated as parts of the arable land owned in common. Private property, or possession "for ever" was as incompatible, with the very principles and the religious conceptions of the vill

illage community was not only a union for guaranteeing to each one his fair. share in the common land, but also a union for common culture, for mutual support in all possible forms, for protection from violence, and for a further development of knowledge, national bonds, and moral conceptions;

practised among some Teuton tribes, the Franks, and the old Scotch, Irish, and Welsh.8 As to the later survivals of the same practice, they simply are countless. Even in perfectly Romanized France, common culture was habitual some five and twenty years ago in the Morbihan (Brittany).9 The old Welsh cyvar, or joint team, as well as the common culture of the land allotted to the use of the village sanctuary are quite common among the tribes of Caucasus the least touched by civilization,10 and like facts are of daily oc

igious festivals, the beginning and the end of field work, the births, the marriages, and the funerals, being seized upon to bring the community to a common meal. Even now this habit, well known in this country as the "harvest supper," is the last to disappear. On the other hand, even when the fields had long since ceased to be tilled and sown in common, a variety of agricultural work continued, and continues still, to be performed by the community. Some part of the communal land is still cultivated in many cases in common, either for the use of the destitute, or for refilling the communal stores, or for using the produce at the religious festivals. The irrigation canals are digged and repaired in common. The communal meadows are mown by the community; and the sight of a Russian commune mowing a meadow

r the woody and marshy wilderness which Europe was some two thousand years ago. Isolated families, having no tools, and weak as they were, could not have conquered it; the wilderness would have overpowered them. Village communities alone, working in common, could master the wild forests, the sinking marshes, and the endless steppes. The rough roads, the ferries, the wooden bridges taken away in the winter and rebuilt after the spring flood was over, the fences and the palisaded walls of the villages, the earthen forts and the small towers with which the territory was dottedall these were the work of the barbarian communitie

as if he himself had inflicted the wounds.16 The judicial procedure was imbued with the same spirit. Every dispute was brought first before mediators or arbiters, and it mostly ended with them, the arbiters playing a very important part in barbarian society. But if the case was too grave to be settled in this way, it came before the folkmote, which was bound "to find the sentence," and pronounced it in a conditional form; that is, "such compensation was due, if the wrong be proved," and the wrong had to be proved or disclaimed by six or twelve persons confirming or denying the fact by oath; ordeal being resorted to in case of contradiction between the two sets of jurors. Such procedure, which remained in force for more than two thousand years in succession, speaks volumes for itself; it shows how close were the bonds between all members of the community. Moreover, there was no other authority to enforce the decisions of the folkmote besides its own moral authority. The only possible menace was that the community might declare the rebel an outlaw, but even this menace was reciprocal. A man discontented with the folkmote could declare that he would abandon the tribe and go over to another tribe -

tal idea of blood for blood and wounds for wounds, by substituting for it the system of compensation. The barbarian codes which were collections of common law rules written down for the use of judges -"first permitted, then encouraged, and at last enforced," compensation instead of revenge.20 The compensation has, however, been totally misunderstood by those who represented it as a fine, and as a sort of carte blanche given to the rich man to do whatever he liked. The compensation money (wergeld), which was quite different from the fine or fred,21 was habitually so high for all kinds of active offences that it certainly was no encouragement for such offences. In case of a murder it usually exceeded all the possible fortune of the murderer "Eighteen times eighteen cows" is the compensation with the Ossetes who do

laws under Roman and Byzantine influence. For, if the Saxon code admitted the death penalty rather freely even in cases of incendiarism and armed robbery, the ot

age communities which found their expression in Welsh triads, in legends about King Arthur, in Brehon commentaries,25 in old German legends and so on, or find still their expression in th

and kinsmen; to be stern and grim to his foes [those who are under the lex talionis], but even towards them to fulfil all bounden duties. . . . To be no truce-breaker, nor tale-beare

the poet legislator.27 "The World would be fool, if agreements made on lips were not honourable"- the Brehon law says. And the humble Shamanist Mordovian, after having praised the same qualities, will add, moreover, in his principles of customary law, that "among neighbours the cow and the milking

bandoned villages of their confederates, and did not take possession of them until they had ascertained through envoys that their confederates did not intend to return. With other barbarians, the soil was cultivated by one part of the stem, while the other part fought on or beyond the frontiers of the common territory. As to the leagues between several stems, they were quite habitual. The Sicambers united with the Cherusques and the Sueves, the Quades with the Sarmates; the Sarmates with the Alans, the Carpes, an

number of ancient institutions which bear the marks of a design to stand in the way of war, or to provide an alternative to it."29 In reality, man is so far from the warlike being he is supposed to be, that when the barbarians had once settled they so rapidly lost the very habits of warfare that very soon they were compelled to keep special

on as we refer to the institutions of the very numerous tribes which are still living under a social organization almost identical with that of our barbarian ancestors. Here we simply have the difficulty of choice, because the islands of the Pacific, the steppes of

lves' grounds" (small fenced patches of soil kept under soft grass for the rearing of calves). As a rule, the meals are taken separately in each hut; but when meat is roasted, all the twenty to sixty members of the joint household feast together. Several joint households which live in a cluster, as well as several smaller families settled in the same village - mostly debris of joint households accidentally broken up - make the oulous, or the village community. several oulouses make a tribe; and the, forty-six tribes, or clans, of the Kudinsk Steppe are united into one confederation. Smaller and closer c

s a hut, takes - by right, not for charity - his seat by the fire, and shares the meal which always is scrupulously divided into equal parts; he sleeps where he has taken his evening meal. Altogether, the Russian conquerors of Siberia were so much struck by the communistic practices of the Buryates, that they gave them the name of Bratskiye -"the Brotherly Ones"- and reported to Moscow. "With them everything is in common; whatever they have is shared in common." Even now, when the Lena Buryates sell their wheat, or send some of their cattle to be sold to a Russian butcher, the families of the oulous, or the tribe, put their wheat and cattle together, and sell it as a whole. Each oulous has, moreover, its grain store for loans in case of need, its communal baking oven (the four banal of the old French communities), and its blacks

amilies. Moreover, national abas, to assert the unity of the whole Buryate nation, are convoked from time to time. In such cases, all Buryate clans which are scattered for hundreds of miles west and east of Lake Baikal, are bound to send their delegate hunters. Thousands of men come together, each one bringing provisions for a whole month. Every one's share must be equal to all the others, and therefore, before being put together, they are weighed b

ollowed for sometime the Mussulman law of inheritance, but, being adverse to it, they have returned, 150 years ago, to the tribal customary law of old. Accordingly, their land-tenure is of a mixed character, and private property in land exists side by side with communal possession. Still, the basis of their present organization is the village community, the

ed million men all over the world. The djemmaa nominates its executive - the elder, the scribe, and the treasurer; it assesses its own taxes; and it manages the repartition of the common lands, as well as all kinds of works of public utility. A great deal of work is done in common: the roads, the mosques, the fountains, the irrigation canals, the towers erected for protection from robbers, the fences, and so on, are built by the village community; while the high-roads, the larger mosques, and the great market-places are the work of the tribe. Many traces of common culture continue to exist, and the houses

distributed in equal parts among those who cannot afford buying meat themselves. And when a sheep or a bullock is killed by a family for its own use on a day which is not a market day, the fact is announced in the streets by the village crier, in order that sick people and pregnant women may take of it what they want. Mutual support permeates the life of the Kabyles, and if one of them, during a journey abroad, meets with another Kabyle in need, he is bound to come to his aid, even at the risk of his own fortune and life; if this has not been done, the djemmaa of the man who has suffered from such neglect may lodge a complaint, and the djemmaa of the selfish man will at once make good the loss. We thus come across a custom which is familiar to the students of the mediaeval merchant guilds. Every stranger who enters a Kabyle village has right to housing in the winter, and his horses can always graze on the communal lands for twenty-fo

ed at once by the strangers who have gathered in the market town. The road upon which the women go from the village to the fountain also is anaya in case of war; and so on. As to the cof it is a widely spread form of association, having some characters of the mediaeval Burgschaften or Gegilden, as well as of societies both for mutual protection and for various purposes - intellectual, political, and emotional - which cannot be satisfied by the territorial organization of the village, the clan, and the con federation. Th

d owns in common no less than twenty Georgian and Tartar villages. The conquerors divided their own land among their clans, and the clans divided it in equal parts among the families; but they did not interfere with the djemmaas of their tributaries which still practise the habit mentioned by Julius Caesar; namely, the djemmaa decides each year which part of the communal territory must be cultivated, and this land is divided into as many parts as there are families, and the parts are distributed by lot. It is worthy of note that although proletarians are of common occurrence among the Lezghines (who live under a system of private property in land, and common ownership of serfs37) they are rare among their Georgian serfs, who continue to hold their land in common. As to the customary law of the Caucasian mountaineers, it is much the same as that of the Longobards or Salic Franks, and several of its dispositions explain a good deal the judicial procedure of the barbarians of old. Being of a very impressionable character, they do their best to prevent quarrels from taking a fatal issue; so, with the Khevsoures, the swords are very soon drawn when a quarrel breaks out; but if a woman rushes out and throws among them the piece of linen which she wears on her head, the swords are at once returned to their sheaths, and the quarrel is app

even under the most horrid despotism of kings, the folkmotes of the village communities and their customary law remain sovereign in a wide circle of affairs. The law of the State allows the king to take any one's life for a simple caprice, or even for simply satisfying his gluttony; but the customary law of the people continues

p of at least part of the land, and the redistribution of land among the several negarias of the tribe.40 With the Alfurus of Minahasa we find the communal rotation of the crops; with the Indian stem of the Wyandots we have the periodical redistribution of land within the tribe, and the clan-culture of the soil; and in all those parts of Sumatra where Moslem institutions have not yet totally destroyed the old organization we find the joint family (suka) and the village community (kota) which maintains its right upon the land, even if part of it has been cleared without its authorization.41 But to say this, is to say that all customs for mutual protection and prevention of feuds and wars, which have been briefly indicated in the preceding pages as characteristic of the village community, exist as well. More than that:

struggle for life. New forms of culture developed under the new organization; agriculture attained the stage which it hardly has surpassed until now with the great number; the domestic industries reached a high degree of perfection. The wilderness was conquered, it was intersected by roads, dotted with swarms thrown off by the mother-communities. Markets and fortified centres, as well as places of public worship, were erected. The conceptions of a wider union, extended to whole stems and to several stems of various origin, were slowly elaborated. The old conceptions of justice which were conceptions of mere revenge, slowly underwent a deep modification - the idea of amends for the wrong done taking the place of revenge. The customary law which still makes the law of