Social Origins and Primal Law. Lang Andrew

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may perhaps have arisen very early, even if Mr. Atkinson's hypothesis (that the rule of marriage outside the group arose in a state of brutality) be rejected. 'The origin of bars to marry is, in fact, complex,' writes Mr. Crawley. A dislike of marriage with a group-mate, familiar, through contiguity, from infancy, may have been developed among early men;36 and may have been reinforced by the probably later superstitions which create 'sexual tabu,' and mutual avoidance, among many existing peoples. Men and women are, by savages, conceived to be mysteriously perilous to each other, especially when they live in close contiguity. Mr. Crawley also allows for Mr. Atkinson's main factor, jealousy, 'proprietary feeling, which is one crude means by which the family has been regulated and maintained.'37 If these things were so (whether we go back to Mr. Atkinson's semi-brutal ancestors, or not), then, contrary to Mr. Donald McLennan's opinion, and to general opinion, it would not 'appear to be possible to demonstrate that Totemism preceded exogamy,' or at least preceded the exogamous tendency. For, in the first place, exogamy might conceivably tend to arise before the explicit idea of kinship – whether male or female – arose. Mr. Atkinson's 'primal law' would be unuttered in speech (speech, by his theory, there was none), but would amount to this: 'I, the patriarchal bull of this herd, will do my best to kill you, the adult young bulls, if you make any approaches to any of the cows in this crowd.' There is no notion of 'incest,' but there is jealousy producing the germ exogamy. The young bulls must find mates outside of the local herd – or do without. This rule persisted, on Mr. Atkinson's theory, till the hypothetical anthropoid became a man, and named his group (or had it named for him, as I later suggest) by a totem name.

      But real human and speaking beings might enforce marriage outside of the group, though they did not perhaps think explicitly of kindred (or, at least, did not think the idea fully out), still less of 'incest,' as sin. Mr. McLennan's theory, as given in his works, was partly identical with that of Mr. Atkinson. 'The earliest human groups can have had no idea of kinship' – they must, therefore, have been rather low savages. 'But,' he said, 'they were held together by a feeling of kinship,' not yet risen into explicit consciousness. Cat and kitten have, probably, feeling of kinship, and that feeling is very strong, while it lasts, in the maternal cat, while between semi-human mothers and children, arriving so very slowly at maturity, mother-kin must have been consciously realised very early. Mr. McLennan then showed the stages by which the savage would gradually, by reflection, reach explicit consciousness of female kinship, of mother-relationship, sister and brother relationship, and all the degrees of female kin.

      But Mr. Fison and others have argued powerfully against this theory.38 Moreover, we find male relationships, as we saw – 'descent counted in the male line' – among the Arunta of Central Australia, whom Mr. J. G. Frazer regarded, in 1899, as actually 'primitive;' while the neighbours of the Arunta, the Urabunna, reckon through the female line.39 Mr. Crawley, for various reasons, says, 'the famous Matriarchal theory' (the prepotency and dominion of women) 'was as exaggerated in its early forms as was the Patriarchal… It is a method of tracing genealogy, more convenient in polygamous societies and more natural in primitive times when the close connection of mother and child during the early days of infancy emphasises the relation.'40 Dr. Westermarck argues to a similar effect.41 His motive is to discredit the theory of promiscuity, and consequent uncertainty of fatherhood, as the cause of reckoning on the spindle side. But the Arunta, who reckon on the sword side, actually do not even know that children are the result of sexual intercourse, according to Messrs. Spencer and Gillen. How they can have any idea of blood-kinship at all is, therefore, the mystery. It may perhaps be argued that they have none. But these ignorant Arunta reckon descent through the male line – while the Royal Picts, in early Scotland, infinitely more civilised, reckoned by the female line.

      For myself, I still incline to the opinion42 that the reckoning of descent through the woman is the more archaic method, and the method that, certainly, tends to dwindle and disappear, as at last it did among the Picts. This applies to human society, not to that of Mr. Atkinson's hypothesis, in which the question is not of kin, but of property. 'Every female in my crowd is my sole property,' says – or feels – Mr. Atkinson's patriarchal anthropoid, and the patriarch gives expression to his sentiment with teeth and claws, if he has not yet learned to double up his fist, with a stone in it. 'These were early days.'

      THEORIES OF EXOGAMY. MR. MCLENNAN'S THEORY

      In any case, Mr. McLennan's hypothetical first groups, like Mr. Atkinson's, were very low indeed. They developed exogamy, not (as in Mr. Atkinson's theory) through sexual jealousy on the part of the sires, but, first, through regular female infanticide. This practice, being reasonable, could not prevail among Mr. Atkinson's anthropoids.43 Girl babies being mostly killed out, women became scarce. Neighbouring groups being hostile, brides could only be procured by hostile capture. Each group thus stole all its brides and became exogamous, and marriage inside the group became a sin, by dint of 'a prejudice strong as a principle of religion.'

      This theory of Mr. McLennan's is, I think, quite untenable. The prevalence of female infanticide, at the supposed very early stage of society, is not demonstrated, and did not seem probable to Mr. Darwin. Even if it existed, it could not create a prejudice against marrying the few women left within the group. Mr. McLennan, unhappily, was prevented by bad health, and death, from working out his hypothesis completely. His most recent statement involves the theory that the method of the Nairs of Malabar, living in polyandrous households (many men to each woman) was the earliest form of 'marriage.' But people who, like the Nairs, dwell in large households, are far indeed from being 'primitive.' 'A want of balance between the sexes' led, Mr. McLennan held, to 'a practice of capturing women for wives,' and was followed by 'the rise of the law of exogamy.' The first prohibition would be against capturing women of the kindred (marked by the totem), for such capture, if resisted, might involve the shedding of kindred blood. Women being scarce, through female infanticide, kindred groups would not give up or sell their women to each other (though to the males of the groups, such women could not be wives), nor could women be raided from kindred groups, as we saw. So they would be stolen from alien groups, 'and so marriages with kindred women would tend to go into desuetude.' The introduction of captured alien wives would change the nature of matrimonial relations. Under the Nair system 'a woman would live in the house of her mother, and under the special guardianship and protection of her brothers and her mother's brothers. She would be in a position of almost absolute independence of her husbands…'

      But really pristine man and woman can have had no houses, no matriarchal rule of women. The Nairs, not being primitive, have houses, and their women have authority: pristine man was not in their condition. However, captured alien wives would, Mr. McLennan argues, be property, be slaves; and men would find this arrangement (now obsolete) so charming that polyandry and the reign of woman would go out. The only real legal marriage would be wedlock with an alien, a captive, a slave woman. Marriage with a woman of the same stock would be a crime and a sin. It would be incest.44 Really it would be, at worst, concubinage.

      This theory seems untenable at every point, community of wives, female infanticide, household life, supremacy of women in the household, living with a non-captive wife reckoning as incest, and, in short, all along the line. Even if the prejudice against marrying native women did exist, it could not be developed into the idea of sin – granting that the idea of sin already existed. To be sinful, endogamy within the group must have offended some superstitious belief, perhaps the belief in the totem, with its tabu.45

      MR. CRAWLEY'S THEORY

      To disengage from his learned book, The Mystic Rose (1902), Mr. Crawley's theory of the origin of exogamy is no easy

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<p>36</p>

But, as Dr. Durkheim says, man and wife might soon abandon each other, if familiarity breeds contempt.

<p>37</p>

Journal of the Anthropological Institute, May, 1895, p. 444.

<p>38</p>

Kamilaroi and Kurnai, p. 132. 1880.

<p>39</p>

Spencer and Gillen, p. 70. Frazer, Fortnightly Review, April, May, 1899.

<p>40</p>

The Mystic Rose, p. 460.

<p>41</p>

History of Human Marriage, pp. 105-113.

<p>42</p>

Tylor, J. A. I. xviii. 3, 254.

<p>43</p>

The practice however, is attributed to tame canary birds.

<p>44</p>

Studies in Ancient History, second series, pp. 57-65.

<p>45</p>

Cf. Custom and Myth (A. L.), p. 258.