href="@public@vhost@g@gutenberg@html@files@45724@[email protected]#RECAPITULATION" class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">Recapitulation—An objection answered—Other objections answered—Totems and magical societies—Totem survivals—Did the ancestors of the civilised races pass through the Australian stage?

PRIMAL LAW

CHAPTER I

MAN IN THE BRUTAL STAGE

Mr. Darwin on the primitive relations of the sexes—Primitive man monogamous or polygamous—His jealousy—Expulsion of young males—The author's inferences as to the evolution of Primal Law—A customary rule of conduct evolved—Traces surviving in savage life—The customs of avoidance—Custom of exogamy arose in the animal stage—Brother and sister avoidance—The author's own observation of this custom in New Caledonia—Strangeness of such a custom among houseless nomads in Australia—Rapid decay under European influences

CHAPTER II

SEXUAL RELATIONS OF ANIMALS

Brother and sister avoidance, a partial usage among the higher mammals—Males' attitude to females in a group dominated by a single male head—Band of exiled young males—Their relations to the sire—Examples in cattle and horses—In game-fowl—Strict localisation of animals—Exiled young males hover on the fringe of the parent group—Parricide

CHAPTER III

MAN VARYING FROM ANIMALS

Effect of the absence of a special pairing season on nascent man—Consequent state of ceaseless war between sire and young males —Man already more than an ape—Results of his prolonged infancy and of maternal love—A young male permitted to live in the parent group—Conditions in which this novelty arose

CHAPTER IV

EARLIEST EVOLUTION OF LAW

Truce between semi-human sire and son—Consequent distinction taken between female and female, as such—Consequent rise of habit of brother and sister avoidance—Result, son seeks female mate from without—Note by the editor

CHAPTER V

AVOIDANCES

Results in strengthening the groups which admit several adult males—Disappearance of hostile band of exiled young males—Relations of sire and female mates of young males now within the group—Father-in-law and daughter-in-law avoidance—Rights as between two generations—Elder brother and younger brother's wife avoidances—Note on hostile capture

CHAPTER VI

FROM THE GROUP TO THE TRIBE

Resemblance of semi-brutal group, at this stage, to actual savage tribe—Resemblance merely superficial—In this hypothetical semi-brutal group paternal incest survives—Causes of its decline and extinction—The sire's widows of the group—Arrival of outside suitors for them—Brothers of wives of the group—New comers barred from marital rights over their daughters—Jealousy of their wives intervenes—Value of sisters to be bartered for sisters of another group discovered—Consequent resistance to incest of group sire—Natural selection favours groups where resistance is successful—Cousinage recognised in practice—Intermarrying sets of cousins become phratries—Exceptional cases of permitted incest in chiefs and kings—No known trace of avoidance between father and daughter—Progress had rendered such law superfluous

CHAPTER VII

TRACES OF PERIOD OF TRANSITION AVOIDANCES

Survivals in custom testify to a long period of transition from group to tribe—Stealthy meetings of husband and wife—Examples—Evidence to a past of jealousy of incestuous group sire—Evidence from teknonymy—Husband named as father of his child—Formal capture as a symbol of legal marriage—Avoidance between father-in-law and son-in-law—Arose in stage of transition—Causes of mother-in-law and son-in-law avoidance—Influence of jealousy—Examples—Mr. Tylor's statistics—Resentment of capture not primal cause of this avoidance—Note on avoidance.

CHAPTER VIII

THE CLASSIFICATORY SYSTEM

The classificatory system—The author's theory is the opposite of Mr. Morgan's, of original brother and sister marriage—That theory is based on Malayan terms of relationship—Nephew, niece, and cousin, all named 'sons and daughters'—This fact of nomenclature used as an argument for promiscuity—The author's theory—The names for relationship given as regards the group, not the individual—The names and rules evolved in the respective interests of three generations—They apply to food as well as to marriage—Each generation is a strictly defined class—Terms for relationship indicate, not kinship, but relative seniority and rights in relation to the group—The distinction of age in generations breaks down in practice—Methods of bilking the letter of the law—Communal marriage—Outside suitors and cousinage—The fact of cousinage unperceived and unnamed—Cousins are still called brothers and sisters; thus, when a man styles his sister's son his son, the fact does not prove, as in Mr. Morgan's theory, that his sister is his wife—Terms of address between brothers and sisters—And between members of the same and of different phratries—These corroborate the author's theory—distinction as to sexual rights yields the classificatory system—Progress outran recognition and verbal expression—Errors of Mr.