In a modern family the parents exercise a certain degree of control over
the children, but this is limited in several respects. No parent is
allowed to put a child to death, or to permit him to grow up in
ignorance. On the other hand, the parent is not allowed to protect the
child from arrest if a serious injury has been done by him. The _State_,
through its laws and officers, is regarded by us as the highest
authority in a certain great sphere of action. It must settle
conflicting claims and protect life and property; in the opinion of many
it must organize the life of its members where the coöperation of every
member is necessary for some common good. In early group life there may
or may not be some political body over and above the clan or family, but
in any case the _kin or family is itself a sort of political State_. Not
a State in the sense that the political powers are deliberately
separated from personal, religious, and family ties; men gained a new
conception of authority and rose to a higher level of possibilities when
they consciously separated and defined government and laws from the
undifferentiated whole of a religious and kindred group. But yet this
primitive group was after all a State, not a mob, or a voluntary
society, or a mere family; for (1) it was a more or less permanently
organized body; (2) it exercised control over its members which they
regarded as rightful authority, not as mere force; (3) it was not
limited by any higher authority, and acted more or less effectively for
the interest of the whole. The representatives of this political aspect
of the group may be chiefs or sachems, a council of elders, or, as in
Rome, the House Father, whose _patria potestas_ marks the extreme
development of the patriarchal family.
The control exercised by the group over individual members assumes
various forms among the different peoples. The more important aspects
are a right over life and bodily freedom, in some cases extending to
power of putting to death, maiming, chastising, deciding whether newly
born children shall be preserved or not; the right of betrothal, which
includes control over the marriage portion received for its women; and
the right to administer property of the kin in behalf of the kin as a
whole. It is probable that among all these various forms of control, the
control over the marriage relations of women has been most persistent.
One reason for this control may have been the fact that the group was
bound to resent injuries of a member of the group who had been married
to another. Hence this responsibility seemed naturally to involve the
right of decision as to her marriage.
Public-domain text, read in full here on John Shaqi.
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