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 general it may be said that elopement was always punished, and in
the majority of cases afterwards, under certain conditions, legalized
and acknowledged. These conditions are: in the first place that bride
and bridegroom belong to the right class; and then, pregnancy of the
woman or the birth of a child (Kurnai, Yuin); or a victory in the fight
which ensues after the offender has been caught (Kurnai, Yuin, Davis,
Central tribes); or subsequent exchange of a relative (Yuin, L. Murray,
Wakelbura); or a second or third elopement (Kurnai, W. Victoria).
Victory in a combat did not mean that it was by pure force that the
offender kept the woman. For these combats were regulated and often
assumed the form of an ordeal to be undergone (Central and Northern
tribes). It is well to notice that the majority of our informants when
speaking of elopements never observe the point whether the woman was
already married or not.
A few theoretical conclusions from all the facts just enumerated
may now be drawn. We have asked at the outset for all the actual
circumstances, as well as legal factors connected with the modes of
obtaining wives, which express and enforce the validity of marriage. We
asked also how does the mental attitude of the native express itself in
these facts, as far as individual marriage is concerned. Must we admit
that the aborigines have an idea of individual conjugal rights?
In the first place it is quite obvious that according to our
definitions of the word _legal_, the ideas of legal and illegal may
be applied quite legitimately to the Australian marriage. For there
exist different norms, the compliance with which assures to a match its
recognition by society, and actual protection at its hands. Whereas, if
a marriage was brought about outside these legal norms it had either
to be legalized afterwards, whereupon it enjoyed the same privileges,
or it was considered illegal and was interfered with. It appears,
moreover, from all the facts reviewed that it was always a difficult
matter to secure a wife outside the usual forms. The legal norms for
marriage consisted in the bringing about the marriage in one of the
forms discussed above, and consequently in the fulfilment of the series
of conditions, obligations and duties connected therewith. In all
these forms there is involved some kind of control of the social group
concerned, which enforces the mutual obligations, and which in case of
breach of contract had the privilege or the duty of amending the wrong.
In the most frequent form, _i. e._ when a female child is promised in
infancy, her family is under an obligation to keep the arrangement.
Her relatives have not the right to dispose of her otherwise after
they have once promised her (Curr, i. 107), and they must also watch
over her and prevent any attempt at capture or elopement, as they
would have the duty of rescuing her (Curr, Stanbridge). In this case
we are also told that the respective local group would interfere.
Public-domain text, read in full here on John Shaqi.
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