the ethnological notebooks of karl marx - Marxists Internet Archive

In einem Law of A lfred heissts :“ Let the man who knows his foe to be homesitting fight not beforehe have demanded justice o f him. If he have power to beset his foeand besiege him in his house, let him keep there for 7 days but notattack him if he will remain indoors. If then, after seven days, he bewilling to surrender and give up his weapons, let him be kept safe forthirty days, and let notice be given to his kinsmen and friends. Butif the plaintiff have no power o f his own, let him ride to the Ealdorman,and, if the Ealdorman will not aid him, let him ride to the K ing beforehe fights.” Schliesslich kommt dann a provision that if the man whois homesitting be really shut up in his house with the complainant's wife, daughter,or sister, he may be attacked and killed without c e re m o n y (Dies letztereauch in 324. Code Pénal des Herrn Napoleon___) The Anglo-Saxon ruleis to be enforced by the civil power, the Ealdorman or the K in g; theHindoo Brahminical rule by the fear of punishment in another world.(303, 4) “ Sitting dharna” placed under the ban o f the Brit, law, stillcommon in the Native Indian States, u. dort hptsächlich an expedientresorted to by soldiers to obtain arrears of pay, wie “pignoris capio” beim Gajussurviving in 2 cases, w ovon einer the default of a military paymaster.(304, 5)In Lecture X I “ The Early History of the Settled Property of Married Women"hat comfortable Maine noch keine Bekanntscft mit Mutterrecht (Bachofenetc.) gemacht, hatte auch Morgan's Buch noch nich(t) für “ elegante”Verm öblg seinerseits.A man of continuous servile occupation in a Roman household wde dch Usucapio(was später Prescriptio) a slave o f the paterfamilias. (315) Später d.ordinary Roman marriage a voluntary conjugal society, terminable at thepleasure of either side by divorce. (317) Nach dem Ancient Irish Law womenhad some power o f dealing with their own property without the consent of theirhusbands, and this was one of the institutions expressly declared by the1 87 [.English blockheaded] Judges to be illegal at the beginning of the iyth century. (3 24)Die Brahminical Indian Lawyers haben ganz | ausgearbeitet (u. dies beginntfast with Manu) the doctrine of “ Spiritual Benefit” , as they call it.Inasmuch as the condition of the dead could be ameliorated by proper expiatoryrites, the property descending or devolving on a man came to be regarded by thempartly as a fundfor paying the expenses of the ceremonial by which the soul of theperson from whom the inheritance came could be redeemedfrom suffering or degradation,and partly as a rewardfor the proper performance of the sacrifices. (332,333)Ebenso Catholic Church: the first and best destination of a dead man's goodsto purchase masses for his soul, u. out o f these views grew the whole testamentaryand intestate jurisdiction of the Ecclesiastical Courts. (332)Im Mitakshara heissts: “ The wealth of a regenerate man is designed forreligious uses, and a woman’s succession to such property is unfit becauseshe is not competent to the performance o f religious rites.” (332, 33)323