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
Turning to the other question, to be answered from our evidence--the
question of paternal authority or _potestas_--let us first fix the
meaning of the word. To the word authority (_potestas_) a legal sense
can be given. Then it expresses the sum of the rights that legally are
allotted to the father over his children. So in Rome _potestas_ meant
the absolute power of life, death and liberty that the father legally
possessed over the persons of his children.[750] Every legal relation
presupposes a possibility of interference or enforcement on the part of
some social authority, and it assumes a set of fixed norms sanctioned
in some way by society. Now we do not possess any knowledge of any such
possibility in the case of the parental relationship, or of any norms
that are laid down in any form by the Australian aboriginal society for
the said relationship. The terms _authority_ or _potestas_, therefore,
cannot be used in their strict sense or indeed in any sense at all if
we imply a _legal meaning_ to them. We are more justified in applying
them to the Australian natives, if we use them as an expression of
the mere fact that the father could do anything he liked with his
children, that he had an absolute power over them. But even here we
should be careful in ascribing the exclusive power to the father. In
the only cases where the question of a decision as to the child's lot
arises, _i. e._ in the cases of infanticide and giving the girl away
in marriage, there are contradictory instances ascribing the power of
decision to some one else. So, for instance, in the Mukjarawaint tribe
the father was not allowed to decide whether his child was to be killed
or not at birth; it was the grandparents' affair. Curr affirms, on the
other hand, that infanticide depended exclusively upon the father. In
some tribes it was not the father's privilege to give his daughter in
marriage. Nevertheless, as was shown above in Chapter II, as a rule it
was the father who disposed of his daughter.
[750] Compare also the discussions above, pp. 185 _sqq._
Public-domain text, read in full here on John Shaqi.
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