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
[825] Thus in Dawan (West Timor), when peace is made between
the divorced couple, the party who caused the separation must
pay the parents of the other five swine and five pieces of
linen. A year's interval must elapse with the African Peulhs
of Futa-Jallon. In Unyoro (Africa) the reunion is celebrated
by slaughtering a beef; and among the Berbers of Dongola the
divorced man gives the woman two pieces of cotton stuff:
POST, _Familienrecht_, 265; _idem_, _Afrikanische
Jurisprudenz_, I, 453.
[826] KOHLER, "Das Recht der Azteken," _ZVR._, XI,
61; _Cf._ also KLEMM, _Kulturgeschichte_, V, 35;
POST, _Familienrecht_, 265.
IV. FREQUENCY OF DIVORCE
The laws of divorce among backward races, it is thus perceived,
are full of interest for the student of social institutions. One
comes from the study with a clearer perception of the fact that
such institutions are but the outward expression of human life--of
slow experience and experimentation; and one gains a deeper
respect for the concrete results of primitive culture. Especially
important is the relation of divorce to the stability of society.
The conservatism prevailing even among rude peoples with respect
to the liberty of divorce is remarkable. This may be due in part
to the fact that primarily marriage does not rest so much upon the
sexual instinct as upon family needs.[827] In some instances, where
dissolution of the marriage is free to either party, or where it is
the peculiar right of the man, divorce is exceedingly rare.[828]
The American Indian tribes are conspicuous in this regard.[829]
Sometimes there is a strong social sentiment against it. Such is the
case in China. Formerly among the Japanese, like the ancient Aztecs,
divorces were infrequent;[830] and among many less advanced peoples,
such as the Afghans, the Veddahs, or even the Zulus, the sentiment
of love is doubtless a stronger check upon instability of the family
than is commonly supposed.[831]
[827] STARCKE, _Primitive Family_, 258, 259.
[828] For examples see FRIEDRICHS, "Familienstufen und
Eheformen," _ZVR._, X, 251, 252.
[829] Divorce is rare among the Muskogi and Natchez
(Florida-Dakota), the Caribs, the aborigines of Paraguay
and Nicaragua, and the Eskimo: _Friedrichs_, _loc. cit._;
WESTERMARCK, _Human Marriage_, 524. _Cf._
POWERS, _Tribes of Cal._, 239 (Wintun); DORSEY,
_Siouan Sociology_, 243 (rare in the better class).
[830] For China see HELLWALD, _Die mensch.
Familie_, 380, 381; TSCHENG-KI-TONG, _China und die
Chinesen_, 55; WAKE, _Marriage and Kinship_, 232;
DOOLITTLE, _Social Life of the Chinese_, I, 106, 107;
MEDHURST, in _Trans. Royal As. Soc., China Branch_,
IV, 27: WESTERMARCK, _op. cit._, 525. For Japan see
WAKE, _op. cit._, 233; WESTERMARCK, _op. cit._,
525; and for the Aztecs, BANCROFT, _Native Races_, II,
263-65; WAITZ, _Anthropologie_, IV, 132.
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