single ancestor. It is highly probable that the contingencies of food-supply or of war may have been an original cause for the constitution of the group, wholly or in part. But this is of no consequence for our purpose. The important point is that the members of the group regard themselves as of one stock. In some cases the ancestor is believed to have been an animal. Then we have the so-called totem group, which is found among North American Indians, Africans, and Australians, and was perhaps the early form of Semitic groups. In other cases, some hero or even some god is named as the ancestor. In any case the essential part of the theory remains the same: namely, that one blood circulates in all the members, and hence that the life of each is a part of the common life of the group. There are then no degrees of kindred. This group, it should be noted, is not the same as the family, for in the family, as a rule, husband and wife are of different kinship groups, and continue their several kinship relations. Among some peoples marriage ceremonies, indeed, symbolize the admission of the wife into the husband's kinship, and in this case the family becomes a kinship group, but this is by no means universally the case.
The feeling that one is first and foremost a member of a group, rather than an individual, is furthered among certain kin groups by a scheme of class relationship. According to this system, instead of having one definite person whom I, and I alone, regard and address as father or mother, grandfather, uncle, brother, sister, I call any one of a given group or class of persons mother, grandfather, brother, sister. And any one else who is in the same class with me calls the same persons, mother, grandfather, brother, or sister.[7] The simplest form of such a class system is that found among the Hawaiians. Here there are five classes based upon the generations corresponding to what we call grandparents, parents, brothers and sisters, children, and grandchildren, but the words used to designate them do not imply any such specific parentage as do these words with us. Bearing this in mind, we may say that every one in the first class is equally grandparent to every one in the third; every one in the third is equally brother or sister to every other in the third, equally father or mother to every one in the fourth, and so on. In Australia the classes are more numerous and the relationships far more intricate and complicated, but this does not, as might be supposed, render the bond relatively unimportant; on the contrary, his relationship to every other class is "one of the most important points with which each individual must be acquainted"; it determines marital relations, food distribution, salutations, and general conduct to an extraordinary degree. A kinship group was known as "tribe" or "family" (English translation) among the Israelites; as genos, phratria, and phyle among the Greeks, gens and curia among the Romans; clan in Scotland; sept in Ireland; Sippe in Germany.
2. The Family or Household Group.—Two kinds of families may be noted as significant for our purpose. In the maternal family the woman remains among her own kin, and the children are naturally reckoned as belonging to the mother's kin. The husband and father is more or less a guest or outsider. In a blood feud he would have to side with his own clan and against that of his wife if his clan quarreled with hers. Clan and family are thus seen to be distinct. In the paternal, which easily becomes the patriarchal family the wife leaves her relatives to live in her husband's house and among his kin. She might then, as at Rome, abjure her own kindred and be formally adopted into her husband's gens or clan. The Greek myth of Orestes is an illustration of the clashing of these two conceptions of father kin and mother kin, and Hamlet's sparing of his mother under similar circumstances, shows a more modern point of view.
It is evident that with the prevalence of the paternal type of family, clan and household ties will mutually strengthen each other. This will make an important difference in the father's relation to the children, and gives a much firmer basis for ancestral religion. But in many respects the environing atmosphere, the pressure and support, the group sympathy and group tradition, are essentially similar. The important thing is that every person is a member of a kindred, and likewise, of some family group, and that he thinks, feels, and acts accordingly.[8]
§ 3. THE KINSHIP AND FAMILY GROUPS ARE ALSO ECONOMIC AND INDUSTRIAL UNITS
1. The Land and the Group.—In land, as a rule, no individual ownership in the modern sense was recognized. Among hunting and pastoral peoples there was, of course, no "ownership" by any group in the strict sense of modern law. But none the less, the group, large or small, had its fairly well-defined territory within which it hunted and fished; in the pastoral life it had its pasture range and its wells of water. With agriculture a more definite sense of possession arose. But possession was by the tribe or gens or household, not by the individual:
"The land belonged to the clan, and the clan was settled upon the land. A man was thus not a member of the clan, because he lived upon, or even owned, the land; but he lived upon the land, and had interests in it, because he was a member of the clan."[9]
Greek and German customs were quoted at the outset. Among the Celts the laws of ancient Ireland show a transitional stage. "The land of the tribe consisted of two distinct allotments, the 'fechfine' or tribeland, and the 'orta' or inheritance land. This latter belonged as individual property to the men of the chieftain groups."[10] The Hindoo joint-family and the house-community of the Southern Slavonians are present examples of group ownership. They are joint in food, worship, and estate. They have a common home, a common table. Maxims of the Slavs express their appreciation of community life: "The common household waxes rich"; "The more bees in the hive, the heavier it weighs." One difficulty in the English administration of Ireland has been this radical difference between the modern Englishman's individualistic conception of property and the Irishman's more primitive conception of group or clan ownership. Whether rightly or not, the Irish tenant refuses to regard himself as merely a tenant. He considers himself as a member of a family or group which formerly owned the land, and he does not admit the justice, even though he cannot disprove the legality, of an alienation of the group possession. For such a clan or household as we have described is not merely equivalent to the persons who compose it at a given time. Its property belongs to the ancestors and to the posterity as well as to the present possessors; and hence in some groups which admit an individual possession or use during life, no right of devise or inheritance is permitted. The property reverts at death to the whole gens or clan. In other cases a child may inherit, but in default of such an heir the property passes to the common possession. The right to bequeath property to the church was long a point on which civil law and canon law were at variance. The relations of the primitive clan or household group to land were therefore decidedly adapted to keep the individual's good bound up with the good of the group.
2. Movable Goods.—In the case of movable goods, such as tools, weapons, cattle, the practice is not uniform. When the goods are the product of the individual's own skill or prowess they are usually his. Tools, weapons, slaves or women captured, products of some special craft or skill, are thus usually private. But when the group acts as a unit the product is usually shared. The buffalo and salmon and large game were thus for the whole Indian group which hunted or fished together; and in like manner the maize which was tended by the women belonged to the household in common. Slavic and Indian house communities at the present day have a common interest in the household property. Even women and children among some tribes are regarded as the property of the group.
§ 4. THE KINSHIP AND FAMILY GROUPS WERE POLITICAL BODIES
In a modern family the parents exercise a certain degree of control over the children, but this is limited in several respects. No parent is allowed to put a child to death, or to permit him to grow up in ignorance. On the other hand, the parent is not allowed to protect the child from arrest if a serious injury has been done by him. The State, through its laws and officers, is regarded by us as the highest authority in a certain great sphere of action. It must
