[128] On the horde see BERNHÖFT, "Zur Gesch. des eur. Familienrechts," _ZVR._, VIII, 167; WESTERMARCK, _Human Marriage_, 41, 52; FRIEDRICHS, "Familienstufen und Eheformen," _ZVR._, X, 194, 197, 198; _idem_, _ibid._, VIII, 378, 379; KAUTSKY, "Die Entstehung der Ehe und Familie," _Kosmos_, XII, 193 ff. (the _Stamm_); POST, _Geschlechtsgenossenschaft_, 4 ff.; _Familienrecht_, 57, 58; KOHLER, in _ZVR._, VII, 381; MUCKE, _Horde und Familie_; GROSSE, _Die Formen der Ehe_, 59, 62; FRERICHS, _Zur Naturgeschichte des Menschen_, 106, 107; HELLWALD, _Die mensch. Familie_, 121 ff., 153; GUMPLOWICZ, _Outlines of Sociology_, 110 ff.; and the literature cited below on the Australian class-systems, and on the works of MORGAN and SPENCER. Many evidences of the former universality of promiscuity are brought forward. This evidence--to adopt Westermarck's convenient analysis--"flows from two sources. First, there are, in the books of ancient writers and modern travelers, notices of some savage nations said to live promiscuously; secondly, there are some remarkable customs which are assumed to be social survivals, pointing to an earlier stage of civilization when marriage did not exist."[129] The mass of facts collected to illustrate the licentiousness of savage and barbarous tribes cannot here be dwelt upon.[130] It must suffice for the present to note that, according to recent investigation, every instance of alleged indiscriminate sexual relations appears to stop far short of absolute promiscuity.[131] So also several of the more interesting customs, regarded as direct survivals of communism, require only to be briefly mentioned. The principal argument, of course, as will presently appear, is grounded upon the existence of polyandry, and especially upon the proofs adduced of the wide prevalence of kinship reckoned through the mother's line. For it is generally assumed that this system can arise only when paternity is uncertain. Legalized hetairism or prostitution,[132] practiced under various forms and restrictions among many peoples, savage, barbarous, and civilized, is thought to be a proof of original communism.[133] The same is true of "proof-marriages,"[134] existing among the Wotjäken, Burmese, the Germans, in Loango, and elsewhere; of "temporary" marriages,[135] as among the Parthians and American Indians; and of "wife-lending," examples of which are afforded by the Spartans, Romans, Hindus, Arabs, Eskimo, Germans, Wotjäken, and many other peoples.[136] In this connection, likewise, belong those "scandalous nuptial rites" which Bachofen, Lubbock, and Giraud-Teulon regard as acts of "expiation" for marriage. According to this theory, marriage, the individual possession of a woman, was originally regarded as a violation of communal right, for which some compensation or expiation must be rendered.[137] The customs referred to fall for the most part in two general classes.