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Similarly, when the ideas about the nonexistence of the family at the early tribal stage of mankind began to be accepted by most anthropologists and students of ancient law, they necessarily called forth such works as those of Starcke and Westermarck, in which man was represented, in accordance with the Hebrew tradition, as having started with the family, evidently patriarchal, and never having passed through the stages described by MacLennan, Bachofen, or Morgan. These works, of which the brilliantly-written History of Human Marriage has especially been widely read, have undoubtedly produced a certain effect: those who have not had the opportunity of reading the bulky volumes related to the controversy became hesitating; while some anthropologists, well acquainted with the matter, like the French Professor Durkheim, took a conciliatory, but somewhat undefined attitude.

For the special purpose of a work on Mutual Aid, this controversy may be irrelevant. The fact that men have lived in tribes from the earliest stages of mankind, is not contested, even by those who feel shocked at the idea that man may have passed through a stage when the family as we understand it did not exist. The subject, however, has its own interest and deserves to be mentioned, although it must be remarked that a volume would be required to do it full justice.

When we labour to lift the veil that conceals from us ancient institutions, and especially such institutions as have prevailed at the first appearance of beings of the human type, we are boundโ โ€”in the necessary absence of direct testimonyโ โ€”to accomplish a most painstaking work of tracing backwards every institution, carefully noting even its faintest traces in habits, customs, traditions, songs, folklore, and so on; and then, combining the separate results of each of these separate studies, to mentally reconstitute the society which would answer to the coexistence of all these institutions. One can consequently understand what a formidable array of facts, and what a vast number of minute studies of particular points is required to come to any safe conclusion. This is exactly what one finds in the monumental work of Bachofen and his followers, but fails to find in the works of the other school. The mass of facts ransacked by Prof. Westermarck is undoubtedly great enough, and his work is certainly very valuable as a criticism; but it hardly will induce those who know the works of Bachofen, Morgan, MacLennan, Post, Kovalevsky, etc., in the originals, and are acquainted with the village-community school, to change their opinions and accept the patriarchal family theory.

Thus the arguments borrowed by Westermarck from the familiar habits of the primates have not, I dare say, the value which he attributes to them. Our knowledge about the family relations amongst the sociable species of monkeys of our own days is extremely uncertain, while the two unsociable species of orangutan and gorilla must be ruled out of discussion, both being evidently, as I have indicated in the text, decaying species. Still less do we know about the relations which existed between males and females amongst the primates towards the end of the Tertiary period. The species which lived then are probably all extinct, and we have not the slightest idea as to which of them was the ancestral form which Man sprung from. All we can say with any approach to probability is, that various family and tribe relations must have existed in the different ape species, which were extremely numerous at that time; and that great changes must have taken place since in the habits of the primates, similarly to the changes that took place, even within the last two centuries, in the habits of many other mammal species.

The discussion must consequently be limited entirely to human institutions; and in the minute discussion of each separate trace of each early institution, in connection with all that we know about every other institution of the same people or the same tribe, lies the main force of the argument of the school which maintains that the patriarchal family is an institution of a relatively late origin.

There is, in fact, quite a cycle of institutions amongst primitive men, which become fully comprehensible if we accept the ideas of Bachofen and Morgan, but are utterly incomprehensible otherwise. Such are: the communistic life of the clan, so long as it was not split up into separate paternal families; the life in long houses, and in classes occupying separate long houses according to the age and stage of initiation of the youth (M. Maclay, H. Schurz); the restrictions to personal accumulation of property of which several illustrations are given above, in the text; the fact that women taken from another tribe belonged to the whole tribe before becoming private property; and many similar institutions analyzed by Lubbock. This wide cycle of institutions, which fell into decay and finally disappeared in the village-community phase of human development, stand in perfect accord with the โ€œtribal marriageโ€ theory; but they are mostly left unnoticed by the followers of the patriarchal family school. This is certainly not the proper way of discussing the problem. Primitive men have not several superposed or juxtaposed institutions as we have now. They have but one institution, the clan, which embodies all the mutual relations of the members of the clan. Marriage-relations and possession-relations are clan-relations. And the last that we might expect from the defenders of the patriarchal family theory would be to show us how the just mentioned cycle of institutions (which disappear later on) could have existed in an agglomeration of men living under a system contradictory of such institutionsโ โ€”the system of separate families governed by the pater familias.

Again, one cannot recognize scientific value in the way in which certain serious difficulties are set aside by the promoters of the patriarchal family theory. Thus, Morgan has proved by a considerable amount of evidence that a strictly-kept โ€œclassificatory group systemโ€ exists with many primitive tribes, and that all the individuals of the same category address each

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