[556] POST, _Geschlechtsgenossenschaft_, 63 ff.; _Familienrecht_, 175; _Afrikanische Jurisprudenz_, I, 329 ff.; _Ursprung des Rechts_, 56 ff. [557] POST, _Familienrecht_, 92, 93, 96, 97. Such also is the opinion of WAKE, _op. cit._, 390 ff. [558] HEUSLER, _Institutionen_, II, 280; and LIPPERT, _Geschichte der Familie_, 42, 44 ff., 95-118, agree with McLennan in regarding purchase, at first as an alternative for capture, as a general form of marriage through which transition is made to the paternal system of kinship and the modern family; KULISCHER, in _ZFE._, X, 193, 218, and KOHLER, "Studien," _ZVR._, V, 336; "Die Ehe mit und ohne Mundium," _ibid._, VI, 333 ff., take a like position. [559] SPENCER, _Principles of Sociology_, I, 655. HELLWALD, _Die mensch. Familie_, 287 ff., takes a similar position. It requires little argument, of course, to show that robbery _per se_ is a less civilized method of acquiring property than contract. That is as true among ourselves now as it has ever been among savages. For particular individuals, even for particular tribes, a transition from rape to contract, as the result of moral development, will of course take place. It by no means follows, however, that the one method has succeeded the other as a general stage for all mankind, or indeed for a single community. Even if we admit that "barter and commerce are comparatively late inventions of man"[560]--an assumption which, though probable, still requires proof--rape is not the necessary alternative in getting property, much less in getting a wife. [560] WESTERMARCK, _Human Marriage_, 400, 389, in opposition to PESCHEL, _The Races of Man_, 209 ff., who "contends that barter existed in those ages in which we find the earliest signs of our race." It is highly significant that wife-capture, real or pretended, is usually found side by side with wife-purchase. They appear together among peoples exceedingly low in the scale of progress; while marriage by purchase very frequently occurs among rude races where capture, unless as a mere symbol, is not found at all. Thus in Africa purchase is very common, and it is occasionally accompanied by actual or pretended rape.[561] So likewise real capture and wife-purchase coexist in various parts of Europe, Asia, and America; and wherever ceremonial capture occurs among races not far advanced in civilization it is almost invariably combined with marriage by purchase, or its allied forms, marriage by serving, gift, or exchange.[562] [561] KOHLER, "Das Negerrecht," _ZVR._, XI. 432 ff., 436; "Studien," _ibid._, V, 350; WESTERMARCK, _op. cit._, 384; REHME, "Das Recht der Amaxosa," _ZVR._, X, 38.