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communistic and collective household existing far into the middle stage of barbarism, involved a certain maximum size of the family, variable according to conditions, but still limited in a degree. As soon as the conception of the impropriety of sexual intercourse between children of the same mother arose, it naturally became effective on such occasions as the division of old and the foundation of new household communities (which, however, did not necessarily coincide with the family group). One or more series of sisters became the center of one group, their natural brothers that of another. In this or a similar manner that form which Morgan styles the Punaluan family developed from the consanguine family. According to Hawaiian custom, a number of sisters, natural or more remote (i. e., cousins of the first, second and more remote degrees) were the mutual wives of their mutual husbands, their natural brothers excepted. These men now no longer addressed one another as "brother"—which they no longer had to be—but as "Punalua," i. e., intimate companion, associate as it were. Likewise a series of natural or more remote brothers lived in mutual marriage with a number of women, not their natural sisters, and these women referred to each other as "Punalua." This is the classical form of a family, which later admitted of certain variations. Its fundamental characteristic was mutual community of husbands and wives within a given family with the exclusion of the natural brothers (or sisters) first, and of the more remote grades later.

This form of the family, now, furnishes with complete accuracy the degrees of kinship expressed by the American system. The children of the sisters of my mother still are her children; likewise the children of the brothers of my father still his children; and all of them are my brothers and sisters. But the children of the brothers of my mother are now her nephews and nieces, the children of the sisters of my father his nephew and nieces, and they are all my cousins. For while the husbands of the sisters of my mother are still her husbands, and likewise the wives of the brothers of my father still his wives—legally, if not always in fact—the social proscription of sexual intercourse between brothers and sisters has now divided those relatives who were formerly regarded without distinction as brothers and sisters, into two classes. In one category are those who remain (more remote) brothers and sisters as before; in the other the children of the brother on one hand or the sister on the opposite, who can be brothers and sisters no longer. The latter have mutual parents no more, neither father nor mother nor both together. And for this reason the class of nephews and nieces, male and female cousins, here becomes necessary for the first time. Under the former family order this would have been absurd. The American system of kinship, which appears absolutely paradoxical in any family form founded on monogamy, is rationally explained and naturally confirmed in its most minute details by the Punaluan family. Wherever this system of kinship was in force, there the Punaluan family or at least a form akin to it must also have existed.

This family form, the existence of which in Hawaii was actually demonstrated, would have been transmitted probably by all Polynesia, if the pious missionaries, similar to the Spanish monks in America, could have looked upon such anti-Christian relations as being something more than simply a "horror."[13] Cesar's report to the effect that the Britons, who then were in the middle stage of barbarism, "have ten or twelve women in common, mostly brothers with brothers and parents with children," is best explained by group marriage. Barbarian mothers have not ten or twelve sons old enough to keep women in common, but the American system of kinship corresponding to the Punaluan family furnishes many brothers, because all near and remote cousins of a certain man are his brothers. The term "parents with children" may arise from a wrong conception of Cesar, but this system does not absolutely exclude the existence of father and son, mother or daughter in the same group. It does exclude, however, father and daughter or mother and son. This or a similar form of group marriage also furnishes the easiest explanation of the reports of Herodotus and other ancient writers concerning community of women among savage and barbarian nations. This is true, furthermore, of Watson's and Kaye's[14] tale about the Tikurs of Audh (north of the Ganges): "They live together (i. e., sexually) almost indiscriminately in large communities, and though two persons may be considered as being married, still the tie is only nominal."

The institution of the gens seems to have its origin in the majority of cases in the Punaluan family. True, the Australian class system also offers a starting point for it; the Australians have gentes, but not yet a Punaluan family, only a cruder form of group marriage.[15]

In all forms of the group family it is uncertain who is the father of a child, but certain, who is its mother. Although she calls all the children of the aggregate family her children and has the duties of a mother toward them, still she knows her natural children from others. It is also obvious that, as far as group marriage exists, descent can only be traced on the mother's side and, hence, only female lineage be acknowledged. This is actually the case among all savage tribes and those in the lower stage of barbarism. To have discovered this first is the second great merit of Bachofen. He designates this exclusive recognition of descent from the female line and the hereditary relations resulting therefrom in course of time as "maternal law." I retain this term for the sake of brevity, although it is distorted; for at this social stage there is no sign yet of any law in the juridic sense.

If we now take one of the two standard groups of a Punaluan family, namely that of a series of natural and remote sisters (i. e., first, second and more remote descendants of natural sisters), their children and their natural or remote brothers on the mother's side (who according to our supposition are not their husbands), we have exactly that circle of persons who later appear as members of a gens, in the original form of this institution. They all have a common ancestress, by virtue of the descent that makes the different female generations sisters. But the husbands of these sisters cannot be chosen among their brothers any more, can no longer come from the same ancestress, and do not, therefore, belong to the consanguineous group of relatives, the gens of a later time. The children of these same sisters, however, do belong to this group, because descent from the female line alone is conclusive, alone is positive. As soon as the proscription of sexual intercourse between all relatives on the mother's side, even the most remote of them, is an accomplished fact, the above named group has become a gens, i. e., constitutes a definite circle of consanguineous relatives of female lineage who are not permitted to marry one another. Henceforth this circle is more and more fortified by other mutual institutions of a social or religious character and thus distinguished from other gentes of the same tribe. Of this more anon.

Finding, as we do, that the gens not only necessarily, but also as a matter of course, develops from the Punaluan family, it becomes obvious to us to assume as almost practically demonstrated the prior existence of this family form among all those nations where such gentes are traceable, i. e., nearly all barbarian and civilized nations.

When Morgan wrote his book, our knowledge of group marriage was very limited. We knew very little about the group marriages of the Australians organized in classes, and furthermore Morgan had published as early as 1871 the information he had received about the Punaluan family of Hawaii. This family on one hand furnished a complete explanation of the system of kinship in force among the American Indians, which had been the point of departure for all the studies of Morgan. On the other hand it formed a ready means for the deduction of the maternal law gens. And finally it represented a far higher stage of development than the Australian classes.

It is, therefore, easy to understand how Morgan could regard this form as the stage necessarily preceding the pairing family and attribute general extension in former times to it. Since then we have learned of several other forms of the group marriage, and we know that Morgan went too far in this respect. But it was nevertheless his good fortune to encounter in his Punaluan family the highest, the classical, form of group marriage, that form which gave the simplest clue for the transition to a higher stage.

The most essential contribution to our knowledge of the group marriage we owe to the English missionary, Lorimer Fison, who studied this form of the family for years on its classical ground, Australia. He found the lowest stage of development among the Papuans near Mount Gambier in South Australia. Here the whole tribe is divided into two great classes, Kroki and Kumite.[16] Sexual intercourse within each of these classes is strictly prohibited. But every man of one class is by birth the husband of every woman of the other class, and vice versa. Not the individuals are married to one another, but the whole groups, class to class. And mark well, no caution is made anywhere on account of difference of age or special consanguinity, unless it is resulting from the division into two exogamous classes. A Kroki has for his wife every Kumite woman. And as his own daughter, being the daughter of a Kumite woman, is also Kumite according to maternal law, she is therefore the born wife of every Kroki, including her father. At least, the class organization, as we know it, does not exclude this possibility. Hence this organization either arose at a time when, in spite of all dim endeavor to limit inbreeding, sexual intercourse between parents and children was not yet regarded with any particular horror; in this case the class system would be directly evolved from a condition of unrestricted sexual relations. Or the intercourse between parents and children was already proscribed by custom, when the classes were formed; and in this case the present condition points back to the consanguine family and is the first step out of it. The latter case is the more probable. So far as I know, no mention is made of any sexual intercourse between parents and children in Australia. Even the later form of exogamy, the maternal law gens, as a rule silently presupposes that the prohibition of this intercourse was an accomplished fact at the time of its institution.

The system of two classes is not only found near Mount Gambier in South Australia, but also farther east along Darling River, and in the northeast of Queensland. It is, consequently, widespread. It excludes only marriage between brothers and sisters, between brothers' children and between sisters' children of the mother's side, because these belong to the same class; but the children of a sister can marry those of a brother and vice versa. A further step for preventing inbreeding is found among the Kamilaroi on the Darling River in New South Wales, where the two original classes are split into four, and every one of these is married as a whole to a certain other class. The first two classes are husbands and wives by birth. According to the place of the mother in the first or second class, the children belong to the third

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