the ethnological notebooks of karl marx - Marxists Internet Archive

literature (see Mr. Dasent) shows that perpetualfighting and perpetual litigationmay go on side by side, and that a highly technical procedure may be scrupulouslyfollowed at a time when homicide is an everyday70 occurrence....Contention in Court takes the place of contention in arms, but only graduallytakes its place___ In our day,71 when a wild province is annexed to theBritish Indian Empire, there is ... a rush of suitors to the Courts which areimmediately established___ The men who can no longer fight go to lawinstead ... Hasty appeals to a judge succeed hurried quarrels, and hereditarylaw-suits take the place of ancestral blood-feuds. (288,72 289)Im Allgem. probable that, in proportion as Courts grow stronger, theyfirst take under their control the barbarous (aber d. Sache bleibt ja , auf daslegale übersetzt) practice of making reprisals on a wrongdoer by seizinghis property, and ultimately they absorb it into their own procedure. (290)D . Irish Law o f Distress offenbar in Zeit wo action o f Courts o f Justicefeeble and intermittent. (291) Statt dieser - d. law agent (Brehon lawyer)d. grosse Rolle spielend. (I.e.)The Irish used the remedy of distress, because they knew no other remedy, u. d.Hunde von Engländern made it a capital felony (mit Todesstrafe) in186 an Irishman to follow the only law with which he | was acquainted. (294 Cp.Spenser. “ View of the State of Ireland.” ) Nay, those very subdeties of OldEnglish Law which, as Blackstone says, made the taking of distress ‘ahazardous sort of proceeding’ to the civil distrainor, might bring anIrishman to the gallows, if in conscientiously attempting to carry out theforeign law he fell into the smallest mistake. {I.e. Also gehangen, wenn erseinem native law nach handelte, ditto gehangen wenn er sich dem aufgezwungnenenglischen zu adoptiren suchte!)M it Bezug auf d. “fasting upon” the debtor heisst es in Senchus M or: “ Noticeprecedes every distress in the case of the inferior grades except it be bypersons of distinction or upon persons o f distinction. Fasting precedesdistress in their case. He who does not give a pledge to fasting is an evader ofall; he who disregards all things shall not be paid by G od or Man.”Dies, wie Whitley Stokes zuerst pointed out, diffused over the whole East,entspricht dem Hindoo “ sitting dharna". (Cf. Strange-. Hindoo Law.)(297) Heute noch sehr striking examples davon in Persien, wo a manintending to enforce payment of a demand by fasting begins by sowing some barleyat his debtor's door and sitting down in the middle. (I.e.)D . W ort dharna soil exact equivalent sein von Roman “ capio” , and meaning“ detention” or “ arrest” . Soll V IH , 49 bei Manu Vorkommen. (I.e.) ImVyavahara Mayukha, Brihaspiti is cited as enumerating, among the lawfulmodes of compulsion by which the debtor can be made to pay, “ confining hiswife, his son, or his cattle, or watching constantly at his door." (298)See Lord Teignmouth's description (in Forbes “ Oriental Memoirs” II, 2 f) d.form dieses “ watching constantly at the door” in British India vor Ended. 18. Jhdts.)322