ANTHROPOLOGICAL SOCIETY. 125 



dividuals, yet no large accumulation of these things is permitted to 

 the individual. Under these circumstances barter and sale are 

 clogged because individuals cannot freely exchange — the consent 

 of two bodies of persons being necessary therefor. As industries 

 are differentiated, that is, in the beginning of the differentiation 

 of labor, articles are exchanged by regulation — the price is always 

 the legal price. Inheritance is by clan, not from parent to child. 



In the progress of social organization communal chattels become 

 personal property. Inheritance by clan gradually becomes inherit- 

 ance by nearest of kin, and, finally, wills are invented, and in- 

 heritance by designation of the owner is developed. Then with 

 the development of money, barter is changed into sale, and legally 

 fixed price, by certain curious processes, is changed into competitive 

 price. 



In the most primitive society the land is held by the state and 

 used only as a hunting ground, or as the source of vegetal food 

 naturally grown thereon, while the streams and coasts are held as 

 fisheries ; but where rude cultivation begins small areas are re- 

 deemed, and usually cultivated land is held by tribe or clan. 

 Thus, tenure to cultivated land is communal. 



Communal ownership is gradually developed into ownership in 

 severalty by a variety of processes interesting in themselves, but 

 multifarious and complex, so that the subject may not here be 

 treated at large. 



With the change in the character of tenure to property from 

 communal to individual ownership, there grows up a large body of 

 law relating to contract. 



[The consideration of the evolution of corporation law is omitted.] 



♦ GOVERNMENT LAW. 



In lower tribes, government law consists of a few simple rules, 

 regulating the manner of calling the assembly, the order of de- 

 liberation, and the method of announcing the decision, while the 



