lect03-第1节
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Lecture III
Kinship as the Basis of Society
The most recent researches into the primitive history of
society point to the conclusion that the earliest tie which
knitted men together in communities was Consanguinity or Kinship。
The subject has been approached of late years from several
different sides； and there has been much dispute as to what the
primitive blood…relationship implied； and how it arose； but there
has been general agreement as to the fact I have stated。 The
caution is perhaps needed that we must not form too loose a
conception of the kinship which once stood in the place of the
multiform influences which are now the cement of human societies。
It was regarded as an actual bond of union； and in no respect as
a sentimental one。 The notion of what； for want of a better
phrase； I must call a moral brotherhood in the whole human race
has been steadily gaining ground during the whole course of
history； and we have now a large abstract term answering to this
notion Humanity； he most powerful of the agencies which have
brought about this broader and laxer view of kinship has
undoubtedly been Religion； and indeed one great Eastern religion
extended it until for some purposes it embraced all sentient
nature。 All this modern enlargement of the primitive conception
of kinship must be got rid of before we can bring it home to
ourselves。 There was no brotherhood recognised by our savage
forefathers except actual consanguinity regarded as a fact。 If a
man was not of kin to another there was nothing between them。 He
was an enemy to be slain； or spoiled； or hated； as much as the
wild beasts upon which the tribe made war； as belonging indeed to
the craftiest and the cruellest order of wild animals。 It would
scarcely be too strong an assertion that the dogs which followed
the camp had more in common with it than the tribesmen of an
alien and unrelated tribe。
The tribes of men with which the student of jurisprudence is
concerned are exclusively those belonging to the races now
universally classed； on the ground of linguistic affinities； as
Aryan and Semitic。 Besides these he has at most to take into
account that portion of the outlying mass of mankind which has
lately been called Uralian； the Turks； Hungarians； and Finns。 The
characteristic of all these races； when in the tribal state； is
that the tribes themselves； and all subdivisions of them； are
conceived by the men who compose them as descended from a single
male ancestor。 Such communities see the Family group with which
they are familiar to be made up of the descendants of a single
living man； and of his wife or wives； and perhaps they are
accustomed to that larger group； formed of the descendants of a
single recently deceased ancestor； which still survives in India
as a compact assemblage of blood…relatives； though it is only
known to us through the traces it has left in our Tables of
Inheritance。 The mode of constituting groups of kinsmen which
they see proceeding before their eyes they believe to be
identical with the process by which the community itself was
formed。 Thus the theoretical assumption is that all the tribesmen
are descended from some common ancestor； whose descendants have
formed sub…groups； which again have branched off into others；
till the smallest group of all； the existing Family； is reached。
I believe I may say that there is substantial agreement as to the
correctness of these statements so long as they are confined to
the Aryan； Semitic； and Uralian races。 At most it is asserted
that； among the recorded usages of portions of these races； there
are obscure indications of another and an earlier state of
things。 But then a very different set of assertions from these
are made concerning that large part of the human race which
cannot be classed as Aryan； Semitic； or Uralian。 It is； first of
all； alleged that there is evidence of the wide prevalence among
them of ideas on the subject of Consanguinity which are
irreconcileable with the assumption of common descent from a
single ancestor。 Next； it is pointed out that some small；
isolated； and very barbarous communities perhaps long hidden
in inaccessible Indian valleys； or within the ring of a coral
reef in the Southern Seas still follow practices which it
would be incorrect and unjust to call immoral； because； in the
view we are considering； they are older than morality。 The
suggestion is finally made that if these practices were； in an
older stage of the world's history； very much more widely
extended than at present； the abnormal； non…Aryan； non…Semitic；
non…Uralian notions about kinship of which I have spoken would
find their explanation。 If； indeed； the conclusion here pointed
at expresses the truth； and if these practices were really at one
time universal； it would be an undeserved compliment to the human
race to say that it once followed the ways of the lower animals；
since； in point of fact； all the lower animals do not follow the
practices thus attributed to them。 But； whatever be the interest
of such enquiries； they do not concern us till the Kinship of the
higher races can be distinctly shown to have grown out of the
Kinship now known only to the lower； and even then they concern
us only remotely。 No doubt several recent writers do believe in
the descent of one form of consanguinity from the other。 Mr Lewis
Morgan； of New York； the author of a remarkable and very
magnificent volume on 'Systems of Consanguinity and Affinity in
the Human Family；' published by the Smithsonian Institute at
Washington； reckons no less than ten stages （p： 486） through
which communities founded on kinship have passed before that form
of the family was developed out of which the Aryan tribes
conceive themselves to have sprung。 But Mr Morgan also says of
the system known upon the evidence actually to prevail among the
Aryan； Semitic； and Uralian divisions of mankind that （p。 469） it
'manifestly proceeds upon the assumption of the existence of
marriage between single pairs； and of the certainty of parentage
through the marriage relation。' 'Hence；' he adds； 'it must have
come into existence after the establishment of marriage between
single pairs。'
A remark of considerable importance to the student of early
usage has now to be made respecting the bond of union recognised
by these greater races。 Kinship； as the tie binding communities
together； tends to be regarded as the same thing with subjection
to a common authority。 The notions of Power and Consanguinity
blend； but they in nowise SUpersede one another。 We have a
familiar example of this mixture of ideas in the subjection of
the smallest group； the Family； to its patriarchal head。 Wherever
we have evidence of such a group； it becomes difficult to say
whether the persons compiled in it are most distinctly regarded
as kinsmen； or as servile or semi…servile dependents of the
person who was the source of their kinship。 The confusion；
however； if we may so style it； of kinship with subjection to
patriarchal power is observable also in the larger groups into
which the Family expands。 In some cases the Tribe can hardly be
otherwise described than as the group of men subject to some one
chieftain。 This peculiar blending of ideas is undoubtedly
connected with the extension （a familiar fact to most of us） of
the area of ancient groups of kindred by artifices or fictions。
Just as we find the Family recruited by strangers brought under
the paternal power of its head by adoption； so we find the Tribe；
or Clan； including a number of persons； in theory of kin to it；
yet in fact connected with it only by common dependence on the
Chief。 I do not affect to give any sim
