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
The patriarchal family as thus constituted is the "type of an
archaic society in all the modifications which it was capable of
assuming." From it as in concentric circles have been successively
evolved all the higher forms of political organization. Everywhere,
as at Rome, "the aggregation of families forms the gens or house.
The aggregation of houses makes the tribe. The aggregation of tribes
constitutes the commonwealth."[21] The state is therefore the result
of the expansion of its primordial cell;[22] and the genealogical
organization of society precedes and overlaps the territorial. All
these groups, lower and higher, regard themselves as united by the
bond of kinship. But, as a matter of fact, the kinship is often
assumed; and the heterogeneity of blood is explained as the result
of the fiction of adoption by which relationship is artificially
extended and strangers are admitted to the _sacra_. Without this
fiction, says Maine, "I do not see how any one of the primitive
groups, whatever were their nature, could have absorbed another,
or on what terms any two of them could have combined, except those
of absolute superiority on one side and absolute subjection on
the other." Society could hardly have escaped from its "swaddling
clothes."[23] Furthermore, a strong motive for the artificial
extension of the family is derived from the worship of ancestors.
The earnest desire of the ancients for male issue to perpetuate the
family rites has tended to foster adoption, and it probably accounts
for the levirate and other similar expedients to provide an heir.[24]
[21] _Ibid._, 123, 124, 128. See the table of comparative groups
in SCHRADER, _Sprachvergleichung und Urgeschichte_, 394.
For the Ionic groups _cf._ SCHÖMANN, _Antiquities_,
317, 364; _Athenian Constitution_, 3-10; WACHSMUTH,
_Hist. Ant._, I, 342 f.; MÜLLER, _Handbuch_, IV, 17-22;
GROTE, _Hist. of Greece_, III, 52, 53. In general,
_cf._ FUSTEL DE COULANGES, _Ancient City_, 141 ff.;
HEARN, _Aryan Household_, 63 ff., 112 ff., _passim_;
LEIST, _Graeco-italische Rechtsgeschichte_ and
_Alt-arisches Jus Gentium_.
[22] For FREEMAN'S well-known theory of political
expansion see _Comparative Politics_, chap. iii.
[23] MAINE, _Ancient Law_, 125 ff., 26. On the new
mode of adoption in India see MAYNE, _Hindu Law and
Usage_, 88 ff.; LYALL, _Asiatic Studies_, chap. vii;
_Fortnightly Review_, Jan., 1877; JOLLY, _Hindu Law
of Partition_, 144-66. On the formation of non-genealogical
clans see HEARN, _Aryan Household_, 296 ff. _Cf._
POST'S discussion of "Künstliche Verwandtschaft" in
_Studien zur Entwicklungsgeschichte des Familienrechts_, 25-42:
KOHLER, _ZVR._, V, 415-40.
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