Social Origins and Primal Law. Lang Andrew

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legislative design, at the moment when on my hypothesis two local totem groups, containing members of several totems of descent, united in connubium. The totem names, I at first conceived, with reluctance, must have been consciously and deliberately meted out between the two local totem groups, now become phratries. This idea did not involve so stringent and useless a measure as that of segmenting the two phratries into minor totem groups: however the idea was still too much akin to that of Harpocration as regards the arbitrary drafting of the Attic population into γένη. But, on further reflection, I conceived that my first theory was superfluous. Given the existence of local groups, as such totemic, and of totem kins of descent within the original local totem groups, the actual results, I thought, arise automatically, as soon as two local totem groups agree to intermarry. Men and women must many out of their local totem group (now 'phratry') and must marry out of their totem of descent. Consequently, no one totem could possibly exist in both phratries. This I now, on third thoughts, 'which are a wiser first,' deem erroneous. The automatic arraying of one set of totems into one, or another set into the other, phratry, would not occur. The totems have been divided between the two phratries.89 This condition of affairs is universal in Australia, except where, as among the Arunta and similar tribes, the same totem comes to exist in both phratries, so that men and women of the same totem, but of opposite phratries, may intermarry. That breach of old rule, we shall try to show, arises from the peculiar animistic philosophy of the Arunta, by virtue of which totems are no longer totems of descent, but are otherwise obtained. The Kamilaroi practice of interphratry marriage arises out of respect for totem and neglect of phratry law.

      My conjecture takes for granted, let me repeat, that, before the 'bisection,' or the amalgamation, which produced the two exogamous 'classes,' the totem kindreds were already exogamous. My reasons for this opinion have already been given, in the discussion of Mr. Crawley's theory of the origin of exogamy (supra), to which the reader may refer. My suggestion makes the growth of exogamy non-moral, gradual, and almost unconscious, till it is clinched and stereotyped by the totem tabu.90 The opposite theory – namely, the deliberate bisection into exogamous 'classes,' of totem groups, or of an 'undivided commune' not previously exogamous, appeals too much, I repeat, to conscious and – as far as we can see – motiveless legislation, at an early stage. The bisection must have had a purpose, and has no visible purpose except the establishment o f exogamy, and why did the 'undivided commune' establish that?

      THE IDEAS OF MR. FRAZER HIS EARLIER THEORY

      It cannot be concealed that my conjecture is opposed to the mass of learned opinion, which represents the primary 'phratries' as the first exogamous bodies, and the totems in each as later subdivisions of the phratries. The writers who, like Mr. Fison, recognise that the primary subdivisions are themselves, in origin, totem divisions, do not (as I understand) regard these very ancient totem groups as already exogamous, before the institution of 'phratries.'

      Again, turning from Australia to North America, we find Mr. Frazer, at least in one passage, on the side of the view generally held. Of the 'phratry,' in America, he says, 'the evidence goes to show that in many cases it was originally a totem clan which has undergone subdivision.'91 Many examples are then given of the North American 'phratries,' which include totem groups within them. 'The Choctaws were divided into two phratries, each of which included four clans' (totem kins); 'marriage was prohibited between members of the same phratry, but members of either phratry could marry into any clan of the other.' Among the Senecas, one phratry included the Bear, Wolf, Beaver, and Turtle totems: the other held the Deer, Snipe, Heron, and Hawk totems; just as in Australia. Among the Thlinkets and Mohegans, 'each phratry bears a name which is also the name of one of the clans' (totems) 'included in it;' Mr. Frazer adds, 'it seems probable that the names of the Raven and Wolf were the two original clans of the Thlinkets, which afterwards by subdivision became phratries.'92 This is precisely as if we were to argue that Matthurie and Kirarawa were the 'two original clans' of the Urabunna, 'which afterwards by subdivision' (into totem groups) 'became phratries,' or 'primary exogamous divisions.'

      The objections to this theory, as advocated by Australian inquirers, apply to the American cases as interpreted here by Mr. Frazer. In the first place, how are we to conceive of a large tribe, like the Thlinkets, as originally containing only two totems, Raven and Wolf?93 If we do take this view, we seem almost driven to suppose that, in exceedingly early times, the Thlinkets deliberately bisected themselves, for some reason, called one moiety Ravens, the other moiety Wolves, and then made the divisions exogamous. Or, perhaps, having two totems and only two, Raven and Wolf, they deliberately decided that members of neither group should marry within itself; but should always take wives from the other group. Later, the two tribes, Raven and Wolf, again deliberately subdivided themselves, or perhaps, as in Dr. Durkheim's view, Wolf threw off colonies which became five totem kins, and Raven threw off colonies which became five other totem kins.

      Is it not more readily credible that, over a large extent of Thlinket country, many small local groups came, by an unconscious process (see 'The Origin of Totemism'), to bear each a separate totem name? The two most important local groups, Raven and Wolf, would inevitably each contain, by the working of exogamy and female kin, members of all the other totems which would array themselves, five in each chief group, Raven and Wolf, as I have conjectured in speaking of the Australian cases.94

      Again, I cannot believe that a tribe like the Thlinkets originally had but two totems, not yet exogamous, then made them exogamous, and then cut them up, or let them split off, into many exogamous totem groups. No motive is obvious: the people, by the theory, being exogamous already.

      OBJECTIONS TO MR. FRAZER'S EARLY THEORY

      We shall later see that Messrs. Spencer and Gillen appear to advance, but also to qualify out of existence, a theory of a motive for an exogamous bisection of earlier non-exogamous local totem groups. They practically explain away their own explanation of – the great bisection, but it rests, while it exists, on certain recently discovered facts, which, in turn, are fatal, perhaps, to any theory that a tribe had originally but two totems, which became 'phratries,' on being subdivided into other totems. The new facts accepted and theorised on by Mr. Frazer and Mr. Spencer, would make it seem perhaps impossible that a tribe like the Thlinkets should originally have possessed but two 'clans' or totems. The facts, as stated by Mr. Spencer, in 1899, are these, or rather, this is his hypothesis founded on his facts. 'In our Australian tribes the primary95 function of a totem group is that of ensuring, by magic means, a supply of the object which gives its name to the totem group.'96 Mr. Frazer says, 'in its origin Totemism was, on our theory, simply an organised and co-operative system of magic… Each totem group was charged with the superintendence and control of the particular department of nature from which it took its name…'97

      But this is hardly the origin of Totemism, so long as we are not told how, or why, each totem group took its name from a department of nature. Had it the name, before it worked magic for its eponymous object, or did it take the name because it worked the magic?

      Again, there are dozens of such departments,98 which implies the existence of dozens of organised and co-operative totem groups: not of an original poor pair of such groups alone. Can we believe that, on Mr. Frazer's earlier theory, the Thlinkets formed but two such groups, one 'charged with' the duty to mollify the Wolf, the other to take care of the interests of the Raven? Manifestly this is unlikely. I elsewhere oppose this theory of the magical Origin of Totemism, made at first to fit the case of the Arunta and cognate tribes. If organised co-operation in magic is the source of Totemism, we may be pretty confident that no tribe began by appointing

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<p>89</p>

Suppose we take a group ranging in a given locality, and known to its neighbours as the Emu group. Let us also take a similar and similarly situated Kangaroo group. Let us suppose that each such group has raided for its wives among Opossum, Grub, Cat, and Dingo groups. By female descent, both the Emu and Kangaroo groups will contain persons of the Opossum, Grub, Cat, and Dingo groups. This being so a man of the Emu local group, named Grub by totem, might marry a woman of the Emu local group, by totem of descent an Opossum; and similarly in the Kangaroo group. But, as Dr. Durkheim remarks in another case, 'the old prohibition', deeply rooted in manners and customs, survives (L'Année Sociologique, v. 107, note). Now 'the old prohibition' was that a man of the Emu group was not to marry a woman of the Emu group. That rule endures, though the Emu group now contains men and women of several distinct totem kins. To escape from the difficulty, by my theory, Emu local totem group makes connubium with Kangaroo local totem group. Any Emu man may marry any Kangaroo woman not of his own totem by descent. But this does not, automatically, throw Opossum and Grub into one, Cat and Dingo into another, of the two local totem groups, Emu and Kangaroo, now become phratries, with loss of their local character. For if a man, by phratry Emu, and by totem of descent Cat, marries a woman, by phratry Kangaroo, and by totem of descent Grub, their children, by female descent, are Kangaroo Grubs. Meanwhile, if a man, by phratry Kangaroo, and by totem Cat, marries a woman, by phratry Emu, and by totem Grub, their children are Emu Grubs. There are thus Grubs in both phratries, a thing that never occurs (except among the Arunta). Therefore the division of the totem kins, some into one phratry, others into the other, is not automatic. There might be a tendency, by way of making assurance doubly sure, for the totem kins to be assorted into the two phratries, but some kind of deliberate arrangement does seem necessary. The same necessity attends Dr. Durkheim's theory later criticised.

<p>90</p>

See again Durkheim, in L'Année Sociologique, i. 47-57, on the superstition as to blood, and the totem as a sacred representative of the inviolable blood of the kindred. That superstition gives religious sanction to a pre-existing exogamous tendency.

<p>91</p>

Totemism, p. 60 (1889).

<p>92</p>

Totemism, p. 62.

<p>93</p>

The people of New Britain group of islands are divided into two exogamous sets. The totems of these classes are two insects, but I incline to suppose that there are, or may have been, totem kins included within these totemic classes. Our informant, the Rev. B. Danks, regrets that he did not pay more attention to these matters. J. A. I. xviii. 281-294.

<p>94</p>

On the other hand, among the Mohegans, I can admit that Little Turtle, Mud Turtle, and Great Turtle may be deliberate subdivisions of the Turtle totem, now a phratry, but even this need not necessarily be the case; the different species of turtles being quite capable of giving names to different totems. I would not deny the possibility of the occasional segmentation of a totem group – far from it – but I doubt whether great tribes originally (and, as it seems, deliberately) first bisected themselves, and then cut up the two main divisions.

<p>95</p>

My italics.

<p>96</p>

J. A. I., N.S. i. 278.

<p>97</p>

Ibid. p. 282.

<p>98</p>

Mr. Mathews counts thirty-four totems in the Dilbi, and as many in the Rupathin 'phratries.' Proc. Ray. Soc. N.S.W. xxxi. 157-158.