A History of Matrimonial Institutions (Vol. 1-3). George Elliott Howard
target="_blank" rel="nofollow" href="#ulink_9a40a48a-90b1-50cf-a467-d4a62b8d26d3">[87] It seems probable that in early times the patrician family was coextensive with the gens. Agnatio and gentilitas were equivalent expressions.[88] During the historical period, at any rate, gentilitas is traced through the male line; and it is not impossible that originally inter-marriage was forbidden between those bearing the same gentile name.[89] In that case, agnation appears as the natural result of the gentile rule of exogamy, retained, after the weakening of the gens, for the regulation of succession within the family. Exogamy, however, does not necessarily imply the patria potestas, but is found more frequently perhaps with the maternal than with the paternal system of kinship.[90] In fact, for the Romans and kindred Italic tribes, considerable evidence has been collected by various writers pointing, as they believe, to an early transition from the maternal to the cognatic or the agnatic system.[91] While this conclusion may be rejected, it must nevertheless be admitted that criticism of the patriarchal theory has been very successful in its general results. It appears to have established beyond question the complex and highly artificial character of the Roman family.[92] So far from being the type of early social organization, it is seen to be relatively modern and ill fitted to the condition of primitive men.
In the meantime, the patriarchal theory has had to reckon with a totally different view of the genesis and development of social institutions. To this view let us now turn.
CHAPTER II
THEORY OF THE HORDE AND MOTHER-RIGHT
[Bibliographical Note II.—A pioneer in the comparative history of marriage and the family is Unger, Die Ehe in ihrer welthistorischen Entwicklung (Vienna, 1850), who notices many of the leading phenomena connected with these institutions in different parts of the world; but his book is essentially a Tendenzschrift, to prove the elevating influence of Christianity and Teutonism. The literature of the Horde and Mother-Right opens, however, with Bachofen's singular but learned treatise, Das Mutterrecht: Eine Untersuchung über die Gynaikokratie der alten Welt nach ihrer religiösen und rechtlichen Natur (Stuttgart, 1861), of which the original edition is now exceedingly scarce, although there is an exact reprint (Basel, 1897). This work is supplemented by Bachofen's Die Sage von Tanaquil (Heidelberg, 1870), and his Antiquärische Briefe (Strassburg, 1886). Upon the Mutterrecht was based Giraud-Teulon's La mère chez certains peuples de l'antiquité (Paris and Leipzig, 1867); followed by Les origines de la famille (Geneva, 1874), and Les origines du mariage et de la famille (Geneva and Paris, 1884), in both of which Bachofen's principal conclusions are supported with much new material. A thoroughgoing disciple of the same school is Lippert, Die Geschichte der Familie (Stuttgart, 1884); and Kulturgeschichte der Menschheit (Stuttgart, 1886-87). Very important also in this connection are the Mutterrecht und Raubehe of Dargun (Breslau, 1883), and his later treatise, Mutterrecht und Vaterrecht (Leipzig, 1892), a very able defense of the theory of mother-right for the Aryan peoples after the separation, though conceding that the maternal system was not developed in the primitive stage.
A scholar, who in the main belongs to the same group and who is one of the foremost students of the laws and usages of savage and barbarous peoples, is Post, whose more important writings are Die Geschlechtsgenossenschaft der Urzeit (Oldenburg, 1875); Der Ursprung des Rechts (Oldenburg, 1876); Die Anfänge des Staats- und Rechtsleben (Oldenburg, 1878); Die Grundlagen des Rechts (Oldenburg, 1884); Einleitung in das Studium der ethnologischen Jurisprudenz (Oldenburg, 1886); Afrikanische Jurisprudenz (Oldenburg and Leipzig, 1887); Studien zur Entwicklungsgeschichte des Familienrechts (Oldenburg and Leipzig, 1889); and "Die Kodifikation des Rechts der Amaxosa von 1891," in ZVR., XI. The last-named paper may be read in connection with Rehme's "Ueber das Recht der Amaxosa," in ZVR., X; Kohler's "Ueber das Negerrecht, namentlich in Kamerun," ibid., XI; Bertholon, "Les formes de la famille," in Arch. de l'anth. crim., VIII (1893); Zöller, Forschungsreisen in der Kolonie Kamerun (Berlin and Stuttgart, 1886); the Kamerun of Buchner (Leipzig, 1887); Munzinger's Ostafrikanische Studien (Schaffhausen, 1864); the important work of Fritsch, Die Eingeborenen Süd-Afrikas (Breslau, 1872), treating of the family customs of various aboriginal tribes; Kranz, Natur- und Kulturleben der Zulus (Wiesbaden, 1880); Kingsley, Travels in West Africa (London, 1897); Tillinghast, The Negro in Africa and America (New York, 1902).
By entirely different routes the theories of universal communism and mother-right were reached by Lewis H. Morgan, beginning with the League of the Iroquois (Rochester, 1851); followed by his great work on Systems of Consanguinity and Affinity (Washington, 1871); the systematic treatise entitled Ancient Society (New York, 1878); and the Houses and House-Life of the American Aborigines (Washington, 1881); and by J. F. McLennan, Primitive Marriage (1865); reprinted with other papers as Studies in Ancient History (London, 1876). After the author's death appeared the Patriarchal Theory (London, 1885), edited and completed by his brother Donald McLennan; and the second series of Studies (London and New York, 1896), edited by his widow and Arthur Platt.
Sir John Lubbock, Origin of Civilization (New York, 1889), maintains the theory and introduces the name of "communal marriage." McLennan is in the main supported by Robertson Smith, Kinship and Marriage in Early Arabia (Cambridge, 1885). This book may be read in connection with Wilken, Das Matriarchat bei den alten Arabern (Leipzig, 1884); Kohler, "Vorislamitisches Recht der Araber," in ZVR., VIII; Friedrichs, "Das Eherecht des Islams," ibid., VII; Vincenti, Die Ehe im Islam (Vienna, 1876); Pischon, Der Einfluss des Islams auf das häusliche, soziale, und politische Leben seiner Bekenner (Leipzig, 1881); Perron, Femme arabe (Paris and Alger, 1858); Kremer, Kulturgeschichte des Orients unter den Kalifen (Vienna, 1875); Vámbéry, Der Islam im neunzehnten Jahrhundert (Leipzig, 1875); his Türkenvolk (Leipzig, 1885); Hanoteau and Letourneux, La kabylie et les coutumes kabyles (Paris, 1893); and Baway, "The Marriage Customs of the Moors of Ceylon," in Journal of the Royal Asiatic Society, Ceylon Branch, 1887-88, X, 219-33 (Colombo, 1888). Read also Redhouse, Notes on Tylor's 'Arabian Matriarchate,' propounded by Tylor before the British Association, Montreal, 1884.
For the matrimonial institutions of the Australian aborigines, whose so-called "group-marriage" has played so great a part in speculation, see especially Fison and Howitt, Kamilaroi and Kurnai (Melbourne, 1880), supplemented by their "Deme and the Horde," in Journal of the Anth. Inst., XIV, 142-68 (London, 1885), comparing Attic and Australian classes and local divisions; Fison's article on "Primitive Marriage," in Pop. Sci. Monthly, XVII (New York, 1880); his paper on "Classificatory Systems of Relationship," in Brit. Assoc. Adv. Sci. (Oxford, 1894); Howitt's "Remarks on the Class Systems Collected by Mr. Palmer," in Journal of the Anth. Inst., XIII, 335-46 (London, 1884); his "Dieri and Other Kindred Tribes of Central Australia," ibid., XX; "Further Notes on the Australian Class Systems," ibid., XVIII, 31-36 (London, 1889); "Organization of Australian Tribes," in Trans. Roy. Soc. of Victoria, I, Part II (1889); and his "Australian Group Relations," in Rep. Smith. Inst., 1883 (Washington, 1885). Important also are Cunow, Die Verwandtschafts-Organisationen der Australneger (Stuttgart, 1894), supplementing Morgan's Ancient Society, while rejecting some of Morgan's and Fison's conclusions; Kohler, "Das Recht der Australneger," in ZVR., VII; his later Zur Urgeschichte der Ehe below named; McLennan, Studies, II, 278-310; Curr, The Australian Race (Melbourne, 1886), rejecting the theory of "group-marriage" and promiscuity; especially Roth's North-West-Central Queensland Aborigines (Brisbane and London, 1899); and Spencer and Gillen's very able and detailed account of the Native Tribes of Central Australia (New York and London, 1899), both of which works, like those of Kohler, tend to sustain the general, though not all the incidental, conclusions of Fison and Howitt. Among the many papers and books useful for studying the social life of the Australians are Palmer, "Notes on Some Australian Tribes," in Journal of the Anth. Inst., XIII (London, 1884); Mathew, "The Australian Aborigines," in Journal of the Royal Society of New South Wales, XXIII (Sydney, 1889);