legitimate conditions and circumstances that surround ownership and its transmission, chief among which is the fact of habitual acceptance. What has been currently accepted as the status quo—vested interest—is right and good so long as it does not meet a challenge backed by irresistible force. Property rights sanctioned by immemorial usage are inviolable, as all immemorial usage is, except in the face of forcible dispossession. But seizure and forcible retention very shortly gain the legitimation of usage, and the resulting tenure becomes inviolable through habituation. Beati possidentes.
Throughout the barbarian culture, where this tenure by prowess prevails, the population falls into two economic classes: those engaged in industrial employments, and those engaged in such non-industrial pursuits as war, government, sports, and religious observances. In the earlier and more naïve stages of barbarism the former, in the normal case, own nothing; the latter own such property as they have seized, or such as has, under the sanction of usage, descended upon them from their forebears who seized and held it. At a still lower level of culture, in the primitive savage horde, the population is not similarly divided into economic classes. There is no leisure class resting its prerogative on coercion, prowess, and immemorial status; and there is also no ownership.
It will hold as a rough generalization that in communities where there is no invidious distinction between employments, as exploit, on the one hand, and drudgery, on the other, there is also no tenure of property. In the cultural sequence, ownership does not begin before the rise of a canon of exploit; but it is to be added that it also does not seem to begin with the first beginning of exploit as a manly occupation. In these very rude early communities, especially in the unpropertied hordes of peaceable savages, the rule is that the product of any member's effort is consumed by the group to which he belongs; and it is consumed collectively or indiscriminately, without question of individual right or ownership. The question of ownership is not brought up by the fact that an article has been produced or is at hand in finished form for consumption.
