The Discovery of America Vol. 1 (of 2): with some account of Ancient America and the Spanish ConquestFiske, John
History
The Discovery of America Vol. 1 (of 2): with some account of Ancient America and the Spanish Conquest
Fiske, John
America -- Discovery and exploration; Latin America -- History
But none of the characteristics of barbarous society above specified
will carry us so far toward realizing the gulf which divides it from
civilized society as the imperfect development of its domestic
relations. The importance of this subject is such as to call for a few
words of special elucidation.
* * * * *
[Sidenote: Ancient Law.]
Thirty years ago, when Sir Henry Maine published that magnificent
treatise on Ancient Law, which, when considered in all its potency of
suggestiveness, has perhaps done more than any other single book of our
century toward placing the study of history upon a scientific basis, he
began by showing that in primitive society the individual is nothing and
the state nothing, while the family-group is everything, and that the
progress of civilization politically has consisted on the one hand in
the aggregation and building up of family-groups through intermediate
tribal organizations into states, and on the other hand in the
disentanglement of individuals from the family thraldom. In other words,
we began by having no political communities larger than clans, and no
bond of political union except blood relationship, and in this state of
things the individual, as to his rights and obligations, was submerged
in the clan. We at length come to have great nations like the English or
the French, in which blood-relationship as a bond of political union is
no longer indispensable or even much thought of, and in which the
individual citizen is the possessor of legal rights and subject to legal
obligations. No one in our time can forget how beautifully Sir Henry
Maine, with his profound knowledge of early Aryan law and custom, from
Ireland to Hindustan, delineated the slow growth of individual ownership
of property and individual responsibility for delict and crime out of an
earlier stage in which ownership and responsibility belonged only to
family-groups or clans.
[Sidenote: The patriarchal family not primitive.]
[Sidenote: "Mother-right."]
[Sidenote: Primitive marriage.]
[Sidenote: The system of reckoning kinship through females only.]
Public-domain text, read in full here on John Shaqi.
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