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acknowledged kinship ancestor-worship Ancient Law Apastamba appears Bechuanas beenah marriage begetter belong blood brother chapter child clan common considered contract counted daughter death derived descendants division doubt early Hindoos Early Law eldest established evidence exclusively existed exogamy explanation family system father feudal feudal system fiction geilfine gens gentile connection gotra handfasting Hebrews heir Hindoo family House-Community household husband hypothesis inference inheritance institution kindred kinship through females kinship through males Law and Custom Levirate Macheng Maine's Manu matter monandry mother Niyoga organisation origin passage Paterfamilias paternal power Patria Potestas Patriarchal Family Patriarchal Theory persons Potestas and Agnation practice primitive primogeniture reason recognised relation relationship resemblance Roman Rome rule Salic law seems Sir Henry Maine slave Slavs society sons sonship South Slavonians suggestion system of kinship Tacitus Tibetan polyandry tion totem tribe tutelage of women Undivided Family wife
Page 9 - In most of the Greek states and in Rome there long remained the vestiges of an ascending series of groups out of which the state was at first constituted.
Page 10 - ... be natural was nevertheless known to be in great measure artificial. This conflict between belief or theory and notorious fact is at first sight extremely perplexing ; but what it really illustrates is the efficiency with which Legal Fictions do their work in the infancy of society. The...
Page 35 - ... (The effect of the evidence derived from comparative jurisprudence is to establish that view of the primeval condition of the human race which is known as the Patriarchal...
Page 51 - Sclavonians^ supplying the greater part of it; and indeed the difficulty, at the present stage of the inquiry, is to know where to stop, to say of what races of men it is not allowable to lay down that the society in which they are united was originally organised on the patriarchal model.
Page 55 - What was given before the nuptial fire, what was given on the bridal procession, what was given in token of love, and what was received from a brother, a mother, or a father, are considered as the sixfold separate property of a married woman.
Page 7 - We must look on the family as constantly enlarged by the absorption of strangers within its circle, and we must try to regard the fiction of adoption as so closely simulating the reality of kinship that neither law nor opinion makes the slightest difference between a real and an adoptive connexion. On the other hand, the persons theoretically amalgamated into a family by their common descent are practically held together by common obedience to their highest living ascendant, the father, grandfather,...
Page 35 - The points which lie on the surface of the history are these : — The eldest male parent — the eldest ascendant — is absolutely supreme in his household.
Page 184 - The foundation of Agnation is not the marriage of Father and Mother, but the authority of the Father. All persons are Agnatically connected together who are under the same Paternal Power, or who have been under it, or who might have been under it if their ancestor had lived long enough to exercise his empire.
Page 6 - The effect of the evidence derived from comparative jurisprudence is to establish that view of the primeval condition of the human race which is known as the Patriarchal Theory.