CHAPTER I

THE STATE

_ITS HISTORY AND DEVELOPMENT VIEWED

SOCIOLOGICALLY_

_By_ FRANZ OPPENHEIMER, M.D., PH.D.

Professor of Political Science in the University of Frankfort-on-Main

_Authorized Translation_

_By_ JOHN M. GITTERMAN, PH.D., LL.B.

(Of the New York County Bar)

[Illustration]

NEW YORK

VANGUARD PRESS

_Copyright_, 1914

THE BOBBS-MERRILL COMPANY

_Copyright_, 1922

B. W. HUEBSCH, INC.

VANGUARD PRINTINGS

_First--August, 1926_

_Second--February, 1928_

PRINTED IN THE UNITED STATES OF AMERICA

THE MAN (1864--):

_Franz Oppenheimer_, one of a fairly large number of British,

French and German physicians who abandoned their medical pursuits

and rose to fame as political economists, was born in Berlin.

He studied and practiced medicine, became private Lecturer of

Economics at the Berlin University in 1909, and Professor of

Sociology at the Frankfort University in 1919. His libertarian

views made him, for many years, the target of academic

persecutions, until the growing fame of his masterpiece, _The

State_, effectively silenced his detractors.

THE BOOK (1908):

The organic history of the State is a long and exciting

adventure, usually rendered dull in learned accounts. Not so

in Oppenheimer’s _The State_ which extracts that history, in

a highly stimulating manner, from the sharp necessities and

homicidal conflicts of all sorts and conditions of men, from the

Stone Age to the Age of Henry Ford. The easy flow of important

information derivable from this German volume has rendered it

highly acceptable to American readers.

OTHER BOOKS BY DOCTOR FRANZ OPPENHEIMER

Die Siedlungsgenossenschaft 1896

Grossgrundeigentum und Soziale Frage 1898

Das Grundgesetz der Marxschen Gesellschaftslehre 1903

Robertus’ Angriff auf Ricardos Renten-theorie

und der Lexis-Diehl’sche Rettungsversuch 1908

David Ricardos Grundrententheorie 1909

Theorie der Reinen und Politischen Ökonomie 1910

AUTHOR’S PREFACE

TO THE SECOND AMERICAN EDITION

This little book has made its way. In addition to the present

translation into English, there are authorized editions in French,

Hungarian and Serbian. I am also informed that there are translations

published in Japanese, Russian, Hebrew and Yiddish; but these, of

course, are pirated. The book has stood the test of criticism, and has

been judged both favorably and unfavorably. It has, unquestionably,

revived the discussion on the origin and essence of the State.

Several prominent ethnologists, particularly Holsti, the present

Minister of Foreign Affairs of the Finnish Free State, have attacked

the basic principle formulated and demonstrated in this Work, but they

have failed, because their definition of the State assumed the very

matter that required to be proven. They have brought together a large

array of facts in proof of the existence of some forms of _Government_

and _Leadership_, even where no classes obtained, and to the substance

of these forms they have given the name of “The State.” It is not

my intention to controvert these facts. It is self-evident, that in

any group of human beings, be it ever so small, there must exist an

authority which determines conflicts and, in extraordinary situations,

assumes the leadership. But this authority is not “The State,” in

the sense in which I use the word. The State may be defined as an

organization of _one class_ dominating over the other classes. Such

a class organization can come about in one way only, namely, through

conquest and the subjection of ethnic groups by the dominating group.

This can be demonstrated with almost mathematical certainty. Not one of

my critics has brought proofs to invalidate this thesis. Most modern

sociologists, among whom may be named Albion Small, Alfred Vierkandt

and Wilhelm Wundt, accept this thesis. Wilhelm Wundt, in particular,

asserts in unmistakable language, that “the political society (a

term identical with the State in the sense employed in this book)

first came about and could originate only in the period of migration

and conquest,” whereby the subjugation of one people by another was

effected.

But even some of my opponents are favorably inclined to my arguments,

as in the case of the venerable Adolf Wagner, whose words I am proud

to quote. In his article on “The State” in the _Handwörterbuch der

Staatswissenschaften_, he writes: “The sociologic concept of the State,

to which I have referred, particularly in the broad scope and treatment

of it given by Oppenheimer, deserves careful consideration, especially

from political economists and political historians. The vista opened

out, from this point of view, of the economic development of peoples

and that of the State during historic times, should be attractive even

to the opponents of the concept itself.”

The “sociologic concept of the State,” as Ludwig Gumplowicz termed it,

is assured of ultimate general acceptance. Its opponents are strenuous

and persevering, and I once called them “the sociologic root of all

evil;” but the concept, none the less, is the basic principle of

“bourgeoisie” sociology, and will be found of value in the study, not

only of economics and history, but in that of Law and Constitutional

History. I permit myself to make a few remarks on this point.

The earliest evidence of the recognition of the idea underlying the

_law of previous accumulation_, may be traced back, at the latest, to

the period of the decay of classical civilization, at the time when

the capitalistic slave economy brought the city states to ruin as

though their peoples had suffered from a galloping consumption. As

in our modern capitalistic age, which resembles that period in many

respects, there occurred a breach in all those naturally developed

relations in which the individual has found protection. What Ferdinand

Toennies calls the “community bonds” were loosened. The individual

found himself unprotected, compelled to rely on his own efforts and

on his own reason in the seething sea of competition which followed.

The collective reason, the product of the wisdom of thousands of years

of experience, could no longer guide or safeguard him. It had become

scattered. Out of this need for an individual reason, there arose the

idea of _nationalism_. This idea had its justification at first, as a

line of development and a method in the newly born science of social

government; but when later it became what Rubenstein (in his work

_Romantic Socialism_) calls a “tendency,” it was not justified. The

community, to use Toennies’ term, changed into a “society.” “Contract”

seemed to be the only bond that held men together--the contract based

on the purely rationalistic relation of service for service, the _do

ut des_, the “Contrat Social” of Rousseau. A “society” would thus

appear to be a union of self-seeking individuals who hoped through

combination to obtain their personal satisfactions. Aristotle had

taught that the State had developed, by gradual growth, from the family

group. The Stoics and Epicureans held that individuals formed the

State--with this difference, that the former viewed the individual as

being socially inclined by nature, and the latter that he was naturally

anti-social. To the Stoics, therefore, the “State of Nature” was a

peaceful union; to the Epicureans it was a war of each against the

other, with Society as a compelling means for a decent modus vivendi.

With the one a Society was conditioned “physei” (by nature); with the

other it was “nomo” (by decree).

In spite, however, of this fundamental difference between these

schools, both assumed the premise that, at the beginning, individuals

were _free_, _equal_ politically and economically, and that it was from

such an original social order there had developed, through gradual

differentiation, the fully developed State with its class hierarchy.

This is the _law of previous accumulation_.

But we should err if we believed that this thesis was originally

intended as a historical account. Rationalism is essentially

unhistoric, even anti-historic. On the contrary, the thesis was

originally put forward as a “fiction,” a theory, a conscious

unhistorical assumption. In this form it acquired the name of _natural

law_. It was under this name that it came into modern thought,

tinctured stoically in Grotius and Puffendorf, and epicureanally in

Hobbes. It became the operative weapon of thought among the rising

third estate of the capitalists.

The capitalists used the weapon, first against the feudal state with

its privileged class, and, later against the fourth estate, with its

class theory of Socialism. Against the feudal domination it argued

that a “Law of Nature” knows and permits no privileges. After its

victories in the English Revolution of 1648, and the great French

Revolution of 1789, it justified, by the same reasoning, its own _de

facto_ pre-eminence, its own social and economic class superiority,

against the claims of the working classes. According to Adam Smith, the

classes in a society are the results of “natural” development. From an

original state of equality, these arose from no other cause than the

exercise of the economic virtues of industry, frugality and providence.

Since these virtues are pre-eminently those of a bourgeoisie society,

the capitalist rule, thus sanctioned by natural law, is just and

unassailable. As a corollary to this theorem the claims of Socialism

cannot be admitted.

Thus, what originally was put forward as a “fiction,” became first, a

hypothesis and finally the _axiom_ of all bourgeoisie sociology. Those

who support it accept the axiom as self-evident, as not requiring

proof. For them, class domination, on this theory, is the result of a

gradual differentiation from an original state of general equality and

freedom, with no implication in it of any extra-economic power. Robert

Malthus applied this alleged law to the future, in his attempt to

demonstrate any kind of Socialism to be purely Utopian. His celebrated

_Law of Population_ is nothing but the _law of original accumulation_

projected into the future. He claims that if any attempt were made to

restore the state of economic equality, the workings of the law would

have the effect--because of the difference in economic efficiency--of

restoring modern class conditions. All orthodox sociology begins

with the struggle against this supposed law of class formations. Yet

every step of progress made in the various fields of the science of

sociology, has been made by tearing up, one by one, the innumerable and

far-spreading roots which have proceeded from this supposed axiom. A

sound sociology has to recall the fact that class formation in historic

times, did not take place through gradual differentiation in pacific

economic competition, but was the result of violent conquest and

subjugation.

As both Capitalism and Socialism had their origins in England,

these new ideas were certain to find their first expression in that

country. So that we find Gerrard Winstanley, the leader of the “true

levellers” of Cromwell’s time, arraying the facts of history against

this anti-historical theoretical assumption. He showed that the

English ruling class (the Squirearchy) was composed essentially of the

victorious conquerors, the Normans, and that the subject class were the

conquered English Saxons. But his demonstration had little influence.

It was only when the great French Revolution brought the contrast out

sharply that the thought sunk in. No less a person than Count St.

Simon, acknowledged as the founder of the science of modern sociology,

and the no less scientific Socialism, discovered in the dominant class

of his country the Frankish and Burgundian conquerors, and in its

subject population, the descendants of the Romanized Celts. It was

the publication of this discovery that gave birth to Western European

sociology. The conclusions drawn from it were carried further by St.

Simon’s disciple, August Comte, in his _Philosophy of History_, and

by the Saint Simonists, Enfantin and Bazard. These thinkers had great

influence on the economic development of the next century; but their

chief contribution was the elaboration of the sociologic idea of the

State.

Among the peoples of Western Europe, the new sociology found a readier

acceptance than it did among those of Eastern Europe. The reason for

this can easily be seen when it is remembered that in the East the

contrast between the “State” and “Society,” had not been so definitely

realized, as it had been in the West. Even in the West, this contrast

was only fully appreciated, as a social fact, in England, France, the

Netherlands and Italy, because in these countries only the class of

mobile wealth which had worked its way up as the third estate, had

succeeded in ousting the feudal “State.” In France, the league of the

capitalists with the Crown against the then armed and active nobility

had succeeded in subjecting the Frondeurs under the absolute power of

the King. From this time on, this new estate represented itself as

the Nation, and the term “National Economy” takes the place of the

older term “Political Economy.” The members of this third estate felt

themselves to be those subjects of the State whose rights and liberties

had been curtailed by the privileges of the two dominant estates of

the nobility and the clergy. Henceforth, the Third Estate proclaims

the rights of “Society” and against the “State,” opposes the eternal

Law of Nature--that of original equality and freedom--against the

theoretic-historical rights of the Estates. The concept of Society as a

contrast to the concept of the State, first appears in Locke, and from

his time on this contrast was more and more defined, especially in the

writings of the physiocrat school of economists.

In this struggle between classes and ideas, neither Middle nor Eastern

Europe played any important part. In Germany there had once developed

a Capitalist class (in the period of the Fuggers of Augsburg) which

attained to almost American magnitude. But it was crushed by the

Religious Wars and the various French invasions of the sixteenth and

seventeenth centuries, which left Germany a devastated, depopulated

desert. At the end of the period there remained a few cities and small

states under the absolute domination of princes. Within the cities

the artisans were bound together in their craft-leagues, and the rest

consisted of those of educational pursuits and academic officials. In

a large degree all these were dependent on the State--the members of

the craft-guilds because they accepted a privileged condition, the

officials because they were servants of the State, and the professional

men, because they belonged to the upper estate of the society. For this

reason there was no economic or social movement of the third estate in

Germany; there was only a literary movement influenced by the flow of

ideas from the West. This explains why the contrast between the two

ideas of the State and of Society was not present in the minds of the

German people. On the contrary, the two terms were used as synonyms,

both connotating an essentially necessary conformity to nature.

But there is still another cause for this difference in the mental

attitude between Western and Eastern Europe. In England and France,

from the time of Descartes, the problems and inquiries of science

were set by men trained in mathematics and the natural sciences.

Especially in the new study of the philosophy of history, the beginning

of our modern sociology, did these men act as guides. In Germany, on

the contrary, it was the theologians and especially the Protestant

theologians who were the leaders of thought. In their hands the State

came to be looked upon as an instrument of Divine fashioning, and,

indeed, of immanent divinity. This thought resulted in a worship of

the State, which reached its height in the well-known Hegelian system.

It thus happened that two rivers of thought flowed for a time side by

side--the Sociology of Western Europe, and the philosophy of History of

Germany--with occasional intercommunicating streams, such as Althusios

and Puffendorf into the French, English and Dutch teaching of natural

law, and that of Rousseau into Hegel. In 1840, however, a direct

junction was effected through Lorenz Stein, one of Hegel’s most gifted

pupils who, later, became the leading German teacher of administrative

law, and influenced generations of thinkers. He came to Paris, as a

young man, for the purpose of studying Socialism at the fountain head.

He became acquainted with the celebrated men of that heroic time--with

Enfintin and Bazard, with Louis Blanc, Reybaud, and Proudhon.

Lorenz Stein absorbed the new thought with enthusiasm, and in his

fertile mind there was precipitated the creative synthesis between the

Western Europe scientific sociological thought and the metaphysical

German philosophy of history. The product was called by him the Science

of Society (_Gesellschaftswissenschaft_). It is from the writings of

Stein that almost all the important developments of German sociologic

thought received their first impulses. Karl Marx, especially (as Struve

has shown), as well as Schaeffle, Othmar Spann and Gumplowicz are

largely indebted to him.

It is not my purpose to develop this historical theme. I am concerned

only in tracing the development of the sociologic idea of the State.

The first effect of this meeting of the two streams of thought was a

mischievous confusion of terminology. The writers in Western Europe had

long ago lost control of the unification of expressions in thinking.

As stated above, the Third Estate began by thinking itself to be

“Society,” as opposed to the State. But when the Fourth Estate grew to

class consciousness and became aware of its own theoretic existence,

it arrogated to itself the term “Society” (as may be seen from the

selection of the word Socialism), and it treated the Bourgeoisie as a

form of the “State,” of the class state. There were thus two widely

differing concepts of “Society.” Yet here was an underlying idea common

to both Bourgeoisie and Socialist, since they conceived the State as

a collection of privileges arising and maintained _in violation_ of

natural law, while Society was thought of as the prescribed form of

human union in _conformity_ with natural law. They differed in one

essential only, namely, that while the Third Estate declared its

capitalistic Society to be the result of the processes of natural law,

the Socialists regarded their aims as not yet attained, and proclaimed

that the ideal society of the future which would really be the product

of the processes of natural law, could only be realized by the

elimination of all “surplus value.” Though both were in conflict with

regard to fundamentals, both agreed in viewing the “State” as _civitas

diaboli_ and “Society” as _civitas dei_.

Stein, however, reversed the objectives of the two concepts. As an

Hegelian, and pre-eminently a worshipper of the State, he conceived the

State as _civitas coelestis_. Society, which he understood to mean only

the dominant bourgeoisie Society, he viewed through the eyes of his

Socialist friends and teachers, and conceived it as _civitas terrena_.

What in Plato’s sense is the “pure idea,” the “ordre naturel” of the

early physiocrats and termed by Frenchmen and Englishmen “Society,”

was to Stein, the “State.” What had been contaminated and made impure

by the admixture of coarse matter, they termed the “State,” while

the German called it “Society.” In reality, however, there is little

difference between the two. Stein realized with pain, that Hegel’s pure

concept of a State based on right and freedom, was bound to remain

an “idea” only. Eternally fettered, as he assumed it must be, by the

forces of property and the culture proceeding from them, it could never

be a fact. This is his conclusion regarding “Society,” so that its

effective development is obstructed by the beneficent association of

human beings, as Stein conceived that association.

Thus was attained the very pinnacle of confused thinking. All German

sociologists, with the single exception of Carl Dietzel, soon realized

that the Hegelian concept of the State was impotent, existing only in

the “Idea.” In no point did it touch the reality of historical growth,

and in no sense could it be made to stand for what had always been

considered as the State. Long ago both Marx and Bakunin--respectively

the founders of scientific collectivism and practical anarchism--and

especially Ludwig Gumplowicz, abandoned the Hegelian terminology and

accepted that of Western Europe and this has been generally accepted

everywhere.

In this little book I have followed the Western European terminology.

By the “State,” I do not mean the human aggregation which may perchance

_come about to be_, or, as it properly _should be_. I mean by it

that summation of privileges and dominating positions which are

brought into being by extra-economic power. And in contrast to this,

I mean by Society, the totality of concepts of all purely natural

relations and institutions between man and man, which will not be

fully realized until the last remnant of the creations of the barbaric

“ages of conquest and migration,” has been eliminated from community

life. Others may call any form of leadership and government or some

other ideal, the “State.” That is a matter of personal choice. It is

useless to quarrel about definitions. But it might be well if those

other thinkers were to understand that they have not controverted the

sociologic idea of the “State,” if a concept of the “State” grounded on

a different basis, does not correspond to that which they have evolved.

And they must guard themselves particularly against the danger of

applying any definition other than that used in this book to those

actual historical products which have hitherto been called “States,”

the essence, development, course and future of which must be explained

by any true teaching or philosophy of the State.

FRANZ OPPENHEIMER.

Frankfort-on-Main, April 1922.

CONTENTS

CHAPTER PAGE

AUTHOR’S PREFACE iii

I THEORIES OF THE STATE 1

The Sociological Idea of the State 15

II THE GENESIS OF THE STATE 22

(a) Political and Economic Means 24

(b) Peoples Without a State: Huntsmen and Grubbers 27

(c) Peoples Preceding the State: Herdsmen and Vikings 33

(d) The Genesis of the State 51

III THE PRIMITIVE FEUDAL STATE 82

(a) The Form of Dominion 82

(b) The Integration 89

(c) The Differentiation: Group Theories and Group

Psychology 92

(d) The Primitive Feudal State of Higher Grade 105

IV THE MARITIME STATE 121

(a) Traffic in Prehistoric Times 122

(b) Trade and the Primitive State 135

(c) The Genesis of the Maritime State 140

(d) Essence and Issue of the Maritime States 155

V THE DEVELOPMENT OF THE FEUDAL STATE 174

(a) The Genesis of Landed Property 174

(b) The Central Power in the Primitive Feudal State 182

(c) The Political and Social Disintegration of the

Primitive Feudal State 191

(d) The Ethnic Amalgamation 213

(e) The Developed Feudal State 221

VI THE DEVELOPMENT OF THE CONSTITUTIONAL STATE 229

(a) The Emancipation of the Peasantry 231

(b) The Genesis of the Industrial State 236

(c) The Influences of Money Economy 243

(d) The Modern Constitutional State 257

VII THE TENDENCY OF THE DEVELOPMENT OF THE STATE 274

NOTES 293

THE STATE

CHAPTER I

THEORIES OF THE STATE

This treatise regards the State from the sociological standpoint only,

not from the juristic--sociology, as I understand the word, being both

a philosophy of history and a theory of economics. Our object is to

trace the development of the State from its socio-psychological genesis

up to its modern constitutional form; after that, we shall endeavor to

present a well-founded prognosis concerning its future development.

Since we shall trace only the State’s inner, essential being, we need

not concern ourselves with the external forms of law under which its

international and intra-national life is assumed. This treatise, in

short, is a contribution to the philosophy of State development; but

only in so far as the law of development here traced from its generic

form affects also the social problems common to all forms of the modern

State.

With this limitation of treatment in mind, we may at the outset dismiss

all received doctrines of public law. Even a cursory examination of

conventional theories of the State is sufficient to show that they

furnish no explanation of its genesis, essence and purpose. These

theories represent all possible shadings between all imaginable

extremes. Rousseau derives the State from a social contract, while

Carey ascribes its origin to a band of robbers. Plato and the followers

of Karl Marx endow the State with omnipotence, making it the absolute

lord over the citizen in all political and economic matters; while

Plato even goes so far as to wish the State to regulate sexual

relations. The Manchester school, on the other hand, going to the

opposite extreme of liberalism, would have the State exercise only

needful police functions, and would thus logically have as a result

a scientific anarchism which must utterly exterminate the State.

From these various and conflicting views, it is impossible either to

establish a fixed principle, or to formulate a satisfactory concept of

the real essence of the State.

This irreconcilable conflict of theories is easily explained by the

fact that none of the conventional theories treats the State from the

sociological view-point. Nevertheless, the State is a phenomenon common

to all history, and its essential nature can only be made plain by a

broad and comprehensive study of universal history. Except in the field

of sociology, the king’s highway of science, no treatment of the State

has heretofore taken this path. All previous theories of the State

have been class theories. To anticipate somewhat the outcome of our

researches, every State has been and is a class State, and every theory

of the State has been and is a class theory.

A class theory is, however, of necessity, not the result of

investigation and reason, but a by-product of desires and will. Its

arguments are used, not to establish truth, but as weapons in the

contest for material interests. The result, therefore, is not science,

but nescience. By understanding the State, we may indeed recognize the

essence of theories concerning the State. But the converse is not true.

An understanding of theories about the State will give us no clue to

its essence.

The following may be stated as a ruling concept, especially prevalent

in university teaching, of the origin and essence of the State. It

represents a view which, in spite of manifold attacks, is still

affirmed.

It is maintained that the State is an organization of human community

life, which originates by reason of a social instinct implanted in men

by nature (Stoic Doctrine); or else is brought about by an irresistible

impulse to end the “war of all against all,” and to coerce the savage,

who opposes organized effort, to a peaceable community life in place

of the anti-social struggle in which all budding shoots of advancement

are destroyed (Epicurean Doctrine). These two apparently irreconcilable

concepts were fused by the intermediation of mediæval philosophy.

This, founded on theologic reasoning and belief in the Bible, developed

the opinion that man, originally and by nature a social creature, is,

through original sin, the fratricide of Cain and the transgression at

the tower of Babel, divided into innumerable tribes, which fight to the

hilt, until they unite peaceably as a State.

This view is utterly untenable. It confuses the logical concept of a

class with some subordinate species thereof. Granted that the State is

_one_ form of organized political cohesion, it is also to be remembered

that it is a form having _specific_ characteristics. Every state in

history was or is a _state of classes_, a polity of superior and

inferior social groups, based upon distinctions either of rank or of

property. This phenomenon must, then, be called the “State.” With it

alone history occupies itself.

We should, therefore, be justified in designating every other

form of political organization by the same term, without further

differentiation, had there never existed any other than a class-state,

or were it the only conceivable form. At least, proof might properly

be called for, to show that each conceivable political organization,

even though originally it did not represent a polity of superior and

inferior social and economic classes, since it is of necessity subject

to inherent laws of development, must in the end be resolved into the

specific class form of history. Were such proof forthcoming, it would

offer in fact only one form of political amalgamation, calling in

turn for differentiation at various stages of development, viz., the

preparatory stage, when class distinction does not exist, and the stage

of maturity, when it is fully developed.

Former students of the philosophy of the State were dimly aware of this

problem. And they tried to adduce the required proof, that because of

inherent tendencies of development, every human political organization

must gradually become a class-state. Philosophers of the canon law

handed this theory down to philosophers of the law of nature. From

these, through the mediation of Rousseau, it became a part of the

teachings of the economists; and even to this day it rules their views

and diverts them from the facts.

This assumed proof is based upon the concept of a “primitive

accumulation,” or an original store of wealth, in lands and in movable

property, brought about by means of purely economic forces; a doctrine

justly derided by Karl Marx as a “fairy tale.” Its scheme of reasoning

approximates this:

Somewhere, in some far-stretching, fertile country, a number of free

men, of equal status, form a union for mutual protection. Gradually

they differentiate into property classes. Those best endowed with

strength, wisdom, capacity for saving, industry and caution, slowly

acquire a basic amount of real or movable property; while the stupid

and less efficient, and those given to carelessness and waste, remain

without possessions. The well-to-do lend their productive property to

the less well-off in return for tribute, either ground rent or profit,

and become thereby continually richer, while the others always remain

poor. These differences in possession gradually develop social class

distinctions; since everywhere the rich have preference, while they

alone have the time and the means to devote to public affairs and

to turn the laws administered by them to their own advantage. Thus,

in time, there develops a ruling and property-owning estate, and a

proletariate, a class without property. The primitive state of free and

equal fellows becomes a class-state, by an inherent law of development,

because in every conceivable mass of men there are, as may readily be

seen, strong and weak, clever and foolish, cautious and wasteful ones.

This seems quite plausible, and it coincides with the experience of our

daily life. It is not at all unusual to see an especially gifted member

of the lower class rise from his former surroundings, and even attain

a leading position in the upper class; or conversely, to see some

spendthrift or weaker member of the higher group “lose his class” and

drop into the proletariate.

And yet this entire theory is utterly mistaken; it is a “fairy tale,”

or it is a class theory used to justify the privileges of the upper

classes. The class-state never originated in this fashion, and never

could have so originated. History shows that it did not; and economics

shows deductively, with a testimony absolute, mathematical and binding,

that it could not. A simple problem in elementary arithmetic shows that

the assumption of an original accumulation is totally erroneous, and

has nothing to do with the development of the class-state.

The proof is as follows: All teachers of natural law, etc., have

unanimously declared that the differentiation into income-receiving

classes and propertyless classes can only take place when all fertile

lands have been occupied. For so long as man has ample opportunity

to take up unoccupied land, “no one,” says Turgot, “would think of

entering the service of another;” we may add, “at least for wages,

which are not apt to be higher than the earnings of an independent

peasant working an unmortgaged and sufficiently large property;” while

mortgaging is not possible as long as land is yet free for the working

or taking, as free as air and water. Matter that is obtainable for the

taking has no value that enables it to be pledged, since no one loans

on things that can be had for nothing.

The philosophers of natural law, then, assumed that complete occupancy

of the ground must have occurred quite early, because of the natural

increase of an originally small population. They were under the

impression that at their time, in the eighteenth century, it had taken

place many centuries previous, and they naïvely deduced the existing

class aggroupment from the assumed conditions of that long-past point

of time. It never entered their heads to work out their problem; and

with few exceptions their error has been copied by sociologists,

historians and economists. It is only quite recently that my figures

were worked out, and they are truly astounding.[A]

[A] Franz Oppenheimer, _Theorie der Reinen und Politischen Œkonomie_.

Berlin, 1912.--_Translator._

We can determine with approximate accuracy the amount of land of

average fertility in the temperate zone, and also what amount is

sufficient to enable a family of peasants to exist comfortably, or

how much such a family can work with its own forces, without engaging

outside help or permanent farm servants. At the time of the migration

of the barbarians (350 to 750 A. D.), the lot of each able-bodied man

was about thirty morgen (equal to twenty acres) on average lands, on

very good ground only ten to fifteen morgen (equal to seven or ten

acres), four morgen being equal to one hectare. Of this land, at least

a third, and sometimes a half, was left uncultivated each year. The

remainder of the fifteen to twenty morgen sufficed to feed and fatten

into giants the immense families of these child-producing Germans, and

this in spite of the primitive technique, whereby at least half the

productive capacity of a day was lost. Let us assume that, in these

modern times, thirty morgen (equal to twenty acres) for the average

peasant suffices to support a family. We have then assumed a block

of land sufficiently large to meet any objection. Modern Germany,

populated as it is, contains an agricultural area of thirty-four

million hectares (equal to eighty-four million, fifteen thousand, four

hundred and eighty acres). The agricultural population, including

farm laborers and their families, amounts to seventeen million; so

that, assuming five persons to a family and an equal division of the

farm lands, each family would have ten hectares (equal to twenty-five

acres). In other words, not even in the Germany of our own day would

the point have been reached where, according to the theories of the

adherents of natural law, differentiation into classes would begin.

Apply the same process to countries less densely settled, such, for

example, as the Danube States, Turkey, Hungary and Russia, and still

more astounding results will appear. As a matter of fact, there are

still on the earth’s surface, seventy-three billion, two hundred

million hectares (equal to one hundred eighty billion, eight hundred

eighty million and four hundred sixteen thousand acres); dividing

into the first amount the number of human beings of all professions

whatever, viz., one billion, eight hundred million, every family of

five persons could possess about thirty morgen (equal to eighteen

and a half acres), _and still leave about two-thirds of the planet

unoccupied_.

If, therefore, purely economic causes are ever to bring about a

differentiation into classes by the growth of a propertyless laboring

class, the time has not yet arrived; and the critical point at which

ownership of land will cause a natural scarcity is thrust into the dim

future--if indeed it ever can arrive.

As a matter of fact, however, for centuries past, in all parts of the

world, we have had a class-state, with possessing classes on top and

a propertyless laboring class at the bottom, even when population was

much less dense than it is to-day. Now it is true that the class-state

can arise only where all fertile acreage has been _occupied_

completely; and since I have shown that even at the present time, all

the ground is not occupied economically, this must mean that it has

been preëmpted politically. Since land could not have acquired “natural

scarcity,” the scarcity must have been “legal.” This means that the

land has been preëmpted by a ruling class against its subject class,

and settlement prevented. Therefore the State, as a class-state, can

have originated in no other way than through conquest and subjugation.

This view, the so-called “sociologic idea of the state,” as the

following will show, is supported in ample manner by well-known

historical facts. And yet most modern historians have rejected it,

holding that both groups, amalgamated by war into one State, before

that time had, each for itself formed a “State.” As there is no method

of obtaining historical proof to the contrary, since the beginnings

of human history are unknown, we should arrive at a verdict of “not

proven,” were it not that, deductively, there is the absolute certainty

that the State, as history shows it, the class-state, could not have

come about except through warlike subjugation. The mass of evidence

shows that our simple calculation excludes any other result.

THE SOCIOLOGICAL IDEA OF THE STATE

To the originally, purely sociological, idea of the State, I have added

the economic phase and formulated it as follows:

What, then, is the State as a sociological concept? The State,

completely in its genesis, essentially and almost completely during the

first stages of its existence, is a social institution, forced by a

victorious group of men on a defeated group, with the sole purpose of

regulating the dominion of the victorious group over the vanquished,

and securing itself against revolt from within and attacks from abroad.

Teleologically, this dominion had no other purpose than the economic

exploitation of the vanquished by the victors.

No primitive state known to history originated in any other manner.[1]

Wherever a reliable tradition reports otherwise, either it concerns

the amalgamation of two fully developed primitive states into one body

of more complete organization; or else it is an adaptation to men of

the fable of the sheep which made a bear their king in order to be

protected against the wolf. But even in this latter case, the form and

content of the State became precisely the same as in those states where

nothing intervened, and which became immediately “wolf states.”

The little history learned in our school-days suffices to prove this

generic doctrine. Everywhere we find some warlike tribe of wild men

breaking through the boundaries of some less warlike people, settling

down as nobility and founding its State. In Mesopotamia, wave follows

wave, state follows state--Babylonians, Amoritans, Assyrians, Arabs,

Medes, Persians, Macedonians, Parthians, Mongols, Seldshuks, Tartars,

Turks; on the Nile, Hyksos, Nubians, Persians, Greeks, Romans, Arabs,

Turks; in Greece, the Doric States are typical examples; in Italy,

Romans, Ostrogoths, Lombards, Franks, Germans; in Spain, Carthaginians,

Visigoths, Arabs; in Gaul, Romans, Franks, Burgundians, Normans; in

Britain, Saxons, Normans. In India wave upon wave of wild warlike

clans has flooded over the country even to the islands of the Indian

Ocean. So also is it with China. In the European colonies, we find

the selfsame type, wherever a settled element of the population has

been found, as for example, in South America and Mexico. Where that

element is lacking, where only roving huntsmen are found, who may be

exterminated but not subjugated, the conquerors resort to the device

of importing from afar masses of men to be exploited, to be subject

perpetually to forced labor, and thus the slave trade arises.

An apparent exception is found only in those European colonies in

which it is forbidden to replace the lack of a domiciled indigenous

population by the importation of slaves. One of these colonies, the

United States of America, is among the most powerful state-formations

in all history. The exception there found is to be explained by this,

that the mass of men to be exploited and worked without cessation

_imports itself_, by emigration in great hordes from primitive states

or from those in higher stages of development in which exploitation has

become unbearable, while liberty of movement has been attained. In this

case, one may speak of an infection from afar with “statehood” brought

in by the infected of foreign lands. Where, however, in such colonies,

immigration is very limited, either because of excessive distances

and the consequent high charges for moving from home, or because of

regulations limiting the immigration, we perceive an approximation

to the final end of the development of the State, which we nowadays

recognize as the necessary outcome and finale, but for which we have

not yet found a scientific terminology. Here again, in the dialectic

development, a change in the quantity is bound up with a change of

the quality. The old form is filled with new contents. We still find

a “State” in so far as it represents the tense regulation, secured by

external force, whereby is secured the social living together of large

bodies of men; but it is no longer the “State” in its older sense.

It is no longer the instrument of political domination and economic

exploitation of one social group by another; it is no longer a “State

of Classes.” It rather resembles a condition which appears to have

come about through a “social contract.” This stage is approached by

the Australian Colonies, excepting Queensland, which after the feudal

manner still exploits the half enslaved Kanakas. It is almost attained

in New Zealand.

So long as there is no general assent as to the origin and essence of

states historically known or as to the sociological meaning of the word

“State,” it would be futile to attempt to force into use a new name

for these most advanced commonwealths. They will continue to be called

“states” in spite of all protests, especially because of the pleasure

of using confusing concepts. For the purpose of this study, however, we

propose to employ a new concept, a different verbal lever, and shall

speak of the result of the new process as a “Freemen’s Citizenship.”

This summary survey of the states of the past and present should, if

space permitted, be supplemented by an examination of the facts offered

by the study of races, and of those states which are not treated in our

falsely called “Universal History.” On this point, the assurance may be

accepted that here again our general rule is valid without exception.

Everywhere, whether in the Malay Archipelago, or in the “great

sociological laboratory of Africa,” at all places on this planet where

the development of tribes has at all attained a higher form, the State

grew from the subjugation of one group of men by another. Its basic

justification, its raison d’être, was and is the economic exploitation

of those subjugated.

The summary review thus far made may serve as proof of the basic

premise of this sketch. The pathfinder, to whom, before all others,

we are indebted for this line of investigation is Professor Ludwig

Gumplowicz of Graz, jurist and sociologist, who crowned a brave life

by a brave self-chosen death. We can, then, in sharp outlines, follow

in the sufferings of humanity the path which the State has pursued in

its progress through the ages. This we propose now to trace from the

primitive state founded on conquest to the “freemen’s citizenship.”

The State: Its History and Development Viewed Sociologically · 第 1 / 7 章