Social Origins and Primal Law. Lang Andrew

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rel="nofollow" href="#n83" type="note">83 But they, the phratries, were totemic, and why? Once again, why was the undivided commune divided? We know not the motive for, much less the means of effecting, such a great change 'in the beginning.'

      In 1885, Messrs. Howitt and Fison were aware of, and expressed their sense of this difficulty (that of dividing people out into arbitrary groups) in the case of ancient Attica. Speaking of the γένος, or clan, in Attica, they combat the opinion of Harpocration, that the people were 'arbitrarily drafted into the γένη.84 Our authors remark, 'Ancient society – the more ancient – does not thus regulate itself. Nascitur non fit. One can understand a Kleisthenes redistributing into demes a civilised community which has grown into a State, but the notion of any such arbitrary distribution of men into γένη; in the beginning of things cannot be entertained for a moment.'85

      This being so, how can our authors maintain that, 'in the beginning of things,' given an 'undivided commune,' all its members were 'drafted' into one or other of two divisions, and again into totem groups. A subdivision of the 'phratries' into totem groups, by deliberate arrangement, is clearly as artificial and arbitrary as the scheme suggested by Harpocration, 'which cannot be entertained for a moment.'

      We are speaking of 'the beginning of things,' not of the present state of things, in which we know that modifications of the rules, e.g. the division into eight 'classes,' are being deliberately adopted.86 In 'the beginning of things,' as Messrs. Howitt and Fison, in 1885, maintained, society nascitur non fit. Our effort is to show the process of the birth of society before conscious and deliberate modifications were made to prevent marriages, of 'too near flesh.' Our criticism of Messrs. Fison and Howitt's theories may perhaps indicate that they are insufficient, or but dubiously intelligible. Something clear and consistent is required.

      CHAPTER III

      TOTEMS WITHIN THE PHRATRIES

      AMERICAN SUPPORT OF THE AUTHOR'S HYPOTHESIS

      The system which I advocate here, as to the smallness of the original human groups, and their later combination into larger unions, seems to have, as regards America, the support of the late Major Powell, the Director of the Bureau of Ethnology, and of Mr. McGee of the same department. This gentleman writes, 'Two postulates concerning primitive society, adopted by various ethnologic students of other countries, have been erroneously applied to the American aborigines … The first postulate is that primitive men were originally assembled in chaotic hordes, and that organised society was developed out of the chaotic mass by the segregation of groups …' This appears to be Mr. Hewitt's doctrine. In fact, Mr. McGee says, American research points, not to a primal horde, 'bisected' and 'subdivided' into an organised community, but to an early condition 'directly antithetic to the postulated horde, in which the scant population was segregated in small discrete bodies, probably family groups…' The process of advance was one of 'progressive combination rather than of continued differentiation… It would appear that the original definitely organised groups occasionally coalesced with other groups, both simple and compound, whereby they were elaborated in structure…' Mr. McGee adds, 'always with some loss in definiteness and permanence.' As far as concerns Australia, I do not feel sure that the last remark applies, but, on the whole, Mr. McGee's observations, couched in abstract terms, appear to fit what I have written, in concrete terms, about the probable evolution of Australian tribal society.87

      The theory thus suggested makes little demand on deliberate legislation, as we shall see later.

      DELIBERATE ARRANGEMENT

      This I take to be important. It seems well to avoid, as far as possible, the hypothesis of deliberate legislation in times primeval, involving so sweeping a change as the legal establishment of exogamy through a decree based on common consent by an exogamous 'Bisection' consciously made. Exogamy must have been gradually evolved. But, if we begin with Mr. Howitt's original undivided commune, and suppose a deliberate bisection of it into two exogamous phratries, each somehow containing different totems; or if we suppose a tribe of only two totems, and imagine that the tribe deliberately made these totems exogamous, which they had not been before, and then subdivided them into many other totem groups, we see, indeed, why persons of the same totem may not intermarry. They now, after the decree, belong to the same exogamous 'phratry' within which marriage is deliberately forbidden. But, on this theory, I find no escape from the conclusion that the 'bisection' into 'phratries' was the result of a deliberate decree, intended to produce exogamy – for the bisection has not, and apparently cannot have, any other effect. Now I can neither imagine a motive for such a decree, nor any mode, in such early times, of procuring for it common consent. At this point we have laboured, and to it we shall return, observing that our hypothesis makes much less appeal to such early and deliberate legislation.

      TOTEMS ALL THE WAY

      In any case, by Mr. Fison's and Mr. Howitt's theory and our own, we have totems almost all the way: totems in the so-called 'primary divisions' (phratries); totems in the so-called gentes, and all these divisions (setting the Arunta apart) are strictly exogamous. The four or eight 'classes,' on the other hand, are apparently not of totemic origin. However much the systems may be complicated and inter-twisted, the basis of the whole, except of the four or eight 'classes,' is, I think, the totem exogamous prohibition. There are many examples of the type; thus the Urabunna 'are divided into two exogamous intermarrying classes, which are respectively called Matthurie and Kirarawa, and the members of these again are divided into a series of totemic groups, for which the native name is Thunthunnie. A Matthurie man must marry a Kirarawa women' (as in the system of the Kamil-speaking tribes, or Kamilaroi, reported on by Mr. Fison) – 'and not only this, but a man of one totem must marry a woman of another totem.' This is precisely what I should expect. It works out thus:

      { Old Local Totem Group} Matthurie.

      { New 'Phratry' }

      { Old Local Totem Group} Kirarawa.

      { New 'Phratry' }

      Each of these 'phratries' has five totems, not found in the other class, and how this occurred, if not by actual deliberate arrangement, I do not know. One thing is clear: totem and phratry are prior to 'class' divisions. They occur where 'class' divisions do not. But my theory does not involve the deliberate introduction of exogamy, by an exogamous bisection of groups not hitherto exogamous, or by making two pre-existing totem groups exogamous. I take the groups to have been exogamous already, before the blending in connubium of two local totem groups (now 'phratries'), each including numbers of already exogamous totem kindreds. They were exogamous before the 'phratries' existed, and after their falling into the two phratries, exogamous they remained.

      DISTRIBUTION OF TOTEMS IN THE 'PHRATRIES'

      Mr. McLennan, ere he had the information now before us, wrote, in 1865, 'Most probably contiguous groups would be composed of exactly the same stocks' (we can now, for 'stocks,' read 'totem kins') – 'would contain gentes of precisely the same names.'88 This is obvious, for Emu, Kangaroo, Wild Duck, Opossum, Snake, and Lizard, living in the same region, would raid each other (by the hypothesis) for wives, and each foreign wife would bring her own totem name into each group. Yet we find that the two 'primary classes' (phratries) of the Urabunna (which, on my theory, represent two primitive totem local groups, say Emu and Kangaroo, each with its representatives of all other totem groups within raiding distance) never contain the same totems.

      It is mathematically impossible that this exclusiveness should be the result of accident. On a first consideration, therefore, I took it to be

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<p>84</p>

Harpocration s. v. γεννῆται Greek: genneitai.

<p>85</p>

J. A. I. xiv. 160.

<p>86</p>

Spencer and Gillen, pp. 72, 420.

<p>87</p>

Ethnological Bureau, Annual Report, 1893-1894, pp. 200, 201.

<p>88</p>

Studies in Ancient History, p. 221.