The Family among the Australian Aborigines, a Sociological StudyMalinowski, Bronislaw
History
The Family among the Australian Aborigines, a Sociological Study
Malinowski, Bronislaw
Aboriginal Australians -- Social life and customs; Ethnology -- Australia; Families -- History
In fact, as we hinted above, and as we shall have opportunity of
discussing below[551] in connection with the evidence, there is little
ground for speaking of _authority_, _patria potestas_, "_ownership_"
or any similar attributes of the father as regards his children in
Australia. It must not be forgotten that these words are nearly
meaningless as long as they have not a legal sense. According to the
definition of _legal_ we should say that two people stand to each
other in a purely legal relation when certain norms are laid down
and actively sanctioned by society, which requires a definite mutual
behaviour and attitude on the part of each. It was pointed out above
that in Australia we have data allowing us to speak of the legal aspect
of social institutions and relations;[552] it appears improbable,
though, that there could be found any _purely_ legal relation. At any
rate, nothing of that sort determines or forms the substance of the
relation between father and child in Australia. If a father should
kill or abandon his child, he would, for all we know, be left quite
undisturbed. Nobody compels him to provide for its subsistence, to
protect it and care for it.[553] There are spontaneous elements that
bind him to it. And these spontaneous elements (to discover them will
be our task) determine his relation to his child. Undoubtedly this
kinship relation presents _some_ legal features, such as, for instance,
his right to dispose of his daughter in marriage (a right which in some
tribes is reported to belong to the mother or mother's brother). But
we know very little about it.[554] At any rate, there are only a few
occasions on which the relation in question involves any possibility of
social intervention.[555]
[551] pp. 186, 254.
[552] pp. 11 _sqq._
[553] In our society, if parents wish to abandon their
progeny while still dependent, they would be prevented by
the law from doing it, and compelled to perform a series
of duties and services, which usually spring from the
natural parental love. Thus we see that in our society
the relation between parents and children has much more
of a legal character than in Australia. Nevertheless it
would seem quite absurd to style this relation in our
society as essentially a legal one. It has only its legal
sides, which, comparatively, are seldom put into action,
especially while the children are not yet grown up, _i. e._
just during the period when the relationship in question is
the most important.
[554] Compare pp. 254 _sqq._
[555] The legal norms are an essential object of study
also from the standpoint that they may be the expression
of some important ideas held about kinship. Especially the
motivation of these norms, as given by the aborigines, may
be of high value in this respect. But obviously this does
not mean that kinship is a legal category.
Public-domain text, read in full here on John Shaqi.
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