Читать книгу Social Origins and Primal Law - Lang Andrew - Страница 21

This I take to be important. It seems well to avoid, as far as possible, the hypothesis of deliberate legislation in times primeval, involving so sweeping a change as the legal establishment of exogamy through a decree based on common consent by an exogamous 'Bisection' consciously made. Exogamy must have been gradually evolved. But, if we begin with Mr. Howitt's original undivided commune, and suppose a deliberate bisection of it into two exogamous phratries, each somehow containing different totems; or if we suppose a tribe of only two totems, and imagine that the tribe deliberately made these totems exogamous, which they had not been before, and then subdivided them into many other totem groups, we see, indeed, why persons of the same totem may not intermarry. They now, after the decree, belong to the same exogamous 'phratry' within which marriage is deliberately forbidden. But, on this theory, I find no escape from the conclusion that the 'bisection' into 'phratries' was the result of a deliberate decree, intended to produce exogamy – for the bisection has not, and apparently cannot have, any other effect. Now I can neither imagine a motive for such a decree, nor any mode, in such early times, of procuring for it common consent. At this point we have laboured, and to it we shall return, observing that our hypothesis makes much less appeal to such early and deliberate legislation.