A History of Matrimonial Institutions, Vol. 1 of 3 — John Shaqi
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
Similar difficulties are presented by the question of the prevalence
of the so-called patriarchal power among non-Aryan races. Many
apparent examples of despotic authority can be enumerated;[43] but
it is often hard to determine whether, as in the cases of the Arabs
and Hebrews, we have to do merely with a high degree of power on
the part of the house-father or with a genuine _patria potestas_ of
the Roman type. Naturally, as Westermarck suggests, the father's
authority among savages "depends exclusively, or chiefly, upon his
superior strength;"[44] while anything like a patriarchal "system"
can only arise later under the influence of ancestor-worship and
more developed social and industrial conditions. Where authority
depends solely or mainly upon brute force, it is evident that a very
protracted patriarchal despotism over the sons is hard to conceive.
Moreover, much error has doubtless arisen through falsely assuming
that paternal authority and mother-right are incompatible; whereas
they may well coexist, as will presently appear.
[43] WESTERMARCK, _op. cit._, 224-35, gives an
enumeration. Noteworthy examples of patriarchal power are
afforded by the ancient Peruvians and Mexicans, and by the
modern Chinese and Japanese. On the Nahua and Maya natives see
BANCROFT, _Native Races_, II, 247-53, 663-68. _Cf._
KOHLER, "Das Recht der Azteken," _ZVR._, XI, 54, 55;
also _ibid._, VI, 374 (Chinese), 333, 334; VII, 373 (Papuas).
[44] _Op. cit._, 225.
For the Indo-Germanic or Aryan peoples the investigations of Zimmer,
Schrader, Delbrück, Kohler, and especially the researches of Leist,
enable us to speak with a higher degree of confidence, though only
for the period covered by positive linguistic and legal evidence.
Bachofen, McLennan, and after them many other writers,[45] as will
later be shown, have maintained that among all branches of the Aryan
stock conclusive proofs exist of a former matriarchate, or, at any
rate, of exclusive succession in the female line. But this view is
decidedly rejected, if not entirely overthrown, by the philologists,
and depends for its support on the presence in later institutions
of alleged survivals. The judgment of Delbrück must probably be
accepted as decisive for the present state of linguistic, if not
of all scientific, inquiry. He declares that "no sure traces of a
former maternal family among the Indo-Germanic peoples have been
produced."[46] Similar conclusions are reached by Schrader, Max
Müller, and Leist.[47] Also, among the institutional writers, Wake
declares that "primitively among the peoples belonging to the
wide-spread Aryan or Indo-European stock, while relationship was
acknowledged through both parents, descent was traced preferably
in the male line;"[48] and Bernhöft, constrained through the
evidence presented by Schrader and Delbrück, believes that it is
now placed "beyond question that the primitive Aryans did not
live according to mother-right," but were united in family groups
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