A History of Matrimonial Institutions, Vol. 1 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 1 of 3
Howard, George Elliott
Families; Marriage -- History
[403] SPENCER, _Principles of Sociology_, I, 679-81,
748 ff., 750. See, however, the criticism of STARCKE,
_op. cit._, 151-53, 159 ff.; and compare WESTERMARCK,
_op. cit._, 510 ff.; MCLENNAN, _Studies_, I, 108
ff.; _Fortnightly Review_ (1877), 701; and SPENCER'S
"Short Rejoinder," _ibid._, 897. But elsewhere Spencer thinks
the levirate may arise in the duty of caring for the brother's
children--a general cause of polygyny: _op. cit._, 691, 692. For
examples of inheritance of widows, see KOHLER, "Das
Recht der Azteken," _ZVR._, XI, 54; "Das Negerrecht, namentlich
in Kamerun," _ibid._, XI, 416, 423; and for widower inheritance
among the Chins, _idem_, _ibid._, 186 ff.
[404] STARCKE, _op. cit._, 141 ff. For his theory of
juridical fatherhood see _ibid._, 121-27, 135, 139; and compare
the similar view of WAKE, _Marriage and Kinship_, 78
ff. This author gives an interesting discussion of the case of
Boaz and Ruth, _op. cit._, 172-78, which may be compared with
MCLENNAN, _Studies_, I, 109 n. 3. On the evidence for
juridical fatherhood among the Arabs, consult SMITH,
_Kinship and Marriage_, 119, 120.
Again, not only is the general extent of polyandry limited, but even
where it exists it is confined in almost every case "to a very small
part of the population."[405] It is sometimes restricted to the
poorer classes, sometimes to the rich; and nearly always it is found
side by side with polygyny or monogamy. There is another limitation,
already noticed, which tells very strongly against the theory of its
origin in promiscuity. Polyandry usually shows a tendency in the
direction of monogamy. Sometimes each of the husbands lives with
the wife during a certain period, while the others are absent; or
frequently, "as one, usually the first married, wife in polygynous
families is the chief wife;" so also, "one, usually the first,
husband in polyandrous families is the chief husband." In him
authority and the property are vested, and all the children, even,
are feigned to be his.[406]
[405] WESTERMARCK, _op. cit._, 455-57.
[406] _Ibid._, 457-59, 113-17; _cf._ especially STARCKE,
_op. cit._, 135. HELLWALD, _Die mensch. Familie_, 264
ff., gives many interesting details.
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