rule of law: Demography, Territory, Law: Land Tenure and the Origins of Capitalism in Britain

researchgate |  The principal thesis of The Rules of Animal and Human Populations is that both human and animal societies have distinct patterns of dispersal. These patterns affect the size of populations, and in humans, the very nature of economic and political systems. Thus, different land-use, planning and inheritance systems have different outcomes, with some systems resulting in sustainable steady-state economies, while others are geared to exponential growth, the ultimate price of which is collapse. Peeping ahead, clan-based communities, in the Pacific and New Guinea for example, where traditional land-use and inheritance systems are retained, people retain control over natural resources and do not commodify the land by buying and selling it. People strive to prevent, as best they can, natural resources from being alienated and destroyed. This contrasts with the fossil-fuel intensive Anglophone countries where almost everything which can be commodified, has been. These countries are facing a multi-dimensional environmental crisis that is likely to result in social breakdown and dislocation. When collapse does occur societies' property ownership returns to family connections with the land, and over time the family and clan system re-emerges. Newman hopes that people in the rapidly growing Anglophone societies may be able to regain these organic systems of social organisation as protection against the onslaught of global capitalism.

Newman argues that these seemingly unstoppable forces of population and economic growth which are leading Anglophone countries like the United States, Australia, Britain and Canada to overshoot, do not exist in the Western continental European systems. Europe's population is already too big and is causing environmental destruction, but natural attrition is downsizing the population to more sustainable levels. Writers like "Spengler", David P. Goldman, in books with melodramatic titles such as It's Not the End of the World, It's Just the End of You, (RVP, New York, 2011), raise an alarm about such a decrease in population, but ecologically it is really just the population returning to more sustainable levels. By contrast, countries such as Australia, through undemocratically imposed immigration, largely produced by the lobbying muscle of powerful ethnic and business groups (especially the housing/real estate lobby), are set to push their populations to completely unsustainable levels, paying no respect to environmental and resources crises such as peak oil. Part of the problem with Australia's runaway growth in population, Newman points out, is that people, as in other Anglophone countries, have little democratic power to defend communities from the assault of the forces of the market, by contrast to continental Europe where the state controls most of the land-use.

Anglophone countries have political and business elites dogmatically committed to unending economic growth and "progress." Progress has become a secular religion for them. In chapter 1 Newman subjects this religion of progress to a penetrating critique. Progress requires vast quantities of materials and energy, in the form of fossil fuels. What happens in complex computer societies if there is no longer abundant fossil fuel? Is freedom, democracy and "progress" in such complex societies a product of relatively cheap fossil fuel, and will these institutions disappear in the coming age of scarcity? Her answer is "yes", for democracy in the sense of full participation in decisions is more likely in small communities not based on techno-industrialism. She sees "peak oil" and the rapid depletion of other resources needed for techno-industrial societies to grow, as major forces terminating their lives.

If economists have been wrong about the ideology of progress, what else have they been wrong about? Chapter 2 of Rules of Animal and Human Populations discusses myths of fertility and mortality that have dominated contemporary anthropology, especially the idea that hunter-gatherer societies, supposedly lacking mechanical contraception, only maintain stable populations through Malthusian forces and violence, producing high mortality. Newman goes to considerable lengths in this chapter to show that modern anthropology has forgotten a massive body of evidence about "pre-transitional" societies, such as the Kunimaipa people in the highlands of Papua New guinea, who maintain stable populations through a variety of strategies such as breastfeeding for four or five years, abortion, infanticide and post-partum taboos. Other societies have used equally as innovative strategies to prevent women being sexually active during a large part of their adult life, including norms of premarital virginity, incest avoidance and other restrictions. For example, brothers traditionally shared one wife in Tibet leaving 30 percent of women without an opportunity for marriage. Surprisingly enough, even Malthus documented cases of stable populations in continental Europe at the end of the 18th century, such as the Swiss parish of Leyzin. There are, though, other important factors including incest avoidance and the Westermarck effect which Newman discusses in depth.

Newman advances a new theory about how incest avoidance and the Westermarck effect impact upon patterns of human settlement and population growth. Incest avoidance, the avoidance of inbreeding, is not limited to humans but occurs in many other organisms including cockroaches. Second, the Westermarck effect, first observed by 19th century Finnish sociologist Edvard Westermarck (1862-1939), is that incest avoidance also applies to people raised together independent of whether or not they are genetically related. The effect has been confirmed many times. Newman argues that contrary to received sociology, incest avoidance and the Westermarck effect are probably indistinctive norms in humans, a product of genetic algorithms underpinning human social organisation. Inbreeding avoidance occurs in many other species, including plants, suggesting that a mechanism such as hormones may be the generative mechanism rather than conscious calculations. In short; "hormones will deliver more or less fertility according to the availability of living space. Space (territory) required per individual will be affected by density and reliability of food distribution, and all of this will be mediated by some degree of incest avoidance/Westermarck effect, which is also related to social dominance." (p.83)