[24] MAINE, _Early Law and Custom_, chaps. iii, iv, viii. For ancestor-worship see especially FUSTEL DE COULANGES, _Ancient City_, 9-52; HEARN, _Aryan Household_, 15 ff., 45, 46, 59, 60; TAYLOR, _Primitive Culture_, II ("Animism"); MAYNE, _Hindu Law and Usage_, 55, 438; LYALL, _Asiatic Studies_, chap. ii; DURUY, _Hist. of Rome_, I, 206; ZIMMER, _Altindisches Leben_, 413; BOTSFORD, _Athenian Constitution_, 24, 25, _passim_, who holds against SCHRADER, _Sprachvergleichung_ (2d ed.), 613-15, that ancestor-worship arose before the separation of the Aryan races. FUSTEL DE COULANGES, _Ancient City_, 49-51, and HEARN regard the religious tie as of more importance than the blood-bond in the formation of the gentile groups, _Aryan Household_, 66; and LEIST, _Graeco-italische Rechtsgeschichte_, 7 ff., 11 ff., also makes the formation of the first recognized groups of relationship depend on the _sacra_. _Cf._ KOHLER, in _ZVR._, VI, 409-17, for animism; and for additional references, a subsequent note. II. CRITICISM OF THE THEORY BY SPENCER AND McLENNAN The patriarchal family of the _Ancient Law_, whose leading features have now been presented, reappears with slight modification in the later writings of Sir Henry Maine.[25] It has been widely accepted. Yet it was inevitable that a theory which on its face appears to neglect many of the most remarkable facts everywhere observable in the social life of primitive men[26] should arouse most serious doubt. Nor will it do, with Starcke,[27] to excuse the author on the ground that his conclusions are intended to be true only for the domain of the law-books, of comparative jurisprudence; for obviously his language will not bear that construction. [25] _Early Hist. of Institutions_, 64 ff., 115 ff., 217 ff., 306-41; _Village Communities_, 15, 16, _passim_; _Early Law and Custom_, chaps. iii, iv, and especially chaps. vii, viii, where adverse criticism is considered. _Cf._ MCLENNAN, _Patriarchal Theory_, 1-23, for a collation of the more important passages of Maine's writings. [26] "The rudiments of the social state, so far as they are known to us at all, are known through testimony of three sorts--accounts by contemporary observers of civilization less advanced than their own, the records which particular races have preserved concerning their primitive history, and ancient law." Of these three sources of information, Maine regards ancient law as the best. He fails entirely to appreciate the true importance of the first source, from which, obviously, are derived most of the data of recent ethnical, anthropological, and sociological investigation, including much that Maine himself has presented. _Cf._ the criticisms by SPENCER, _Principles of Sociology_, I, 713, 714; LUBBOCK, _Origin of Civilization_, 6 ff.; MCLENNAN, _Patriarchal Theory_, 29, 30. [27] _Primitive Family_, 94, 95.