The Origin of the Family Private Property and the State - Frederick Engels (mind reading books TXT) 📗

from their father, because they did not belong to his gens, where his property had to remain. Hence, after the death of a cattle owner, the cattle would fall to his brothers, sisters and the children of his sisters, or to the offspring of the sisters of his mother. His own children were disinherited.

In the measure of the increasing wealth man's position in the family became superior to that of woman, and the desire arose to use this fortified position for the purpose of overthrowing the traditional law of inheritance in favor of his children. But this was not feasible as long as maternal law was valid. This law had to be abolished, and it was. This was by no means as difficult as it appears to us to-day. For this revolution—one of the most radical ever experienced by humanity—did not have to touch a single living member of the gens. All its members could remain what they had always been. The simple resolution was sufficient, that henceforth the offspring of the male members should belong to the gens, while the children of the female members should be excluded by transferring them to the gens of their father. This abolished the tracing of descent by female lineage and the maternal right of inheritance, and instituted descent by male lineage and the paternal right of inheritance. How and when this revolution was accomplished by the nations of the earth, we do not know. It belongs entirely to prehistoric times. That it was accomplished is proven more than satisfactorily by the copious traces of maternal law collected especially by Bachofen. How easily it is accomplished we may observe in a whole series of Indian tribes, that recently passed through or are still engaged in it, partly under the influence of increasing wealth and changed modes of living (transfer from forests to the prairie), partly through the moral pressure of civilization and missionaries. Six out of eight Missouri tribes have male descent and inheritance, while only two retain female descent and inheritance. The Shawnees, Miamis and Delawares follow the custom of placing their children into the male gens by giving them a gentile name belonging to the father's gens, so that they may be entitled to inherit. "Innate casuistry of man, to change the objects by changing their names, and to find loopholes for breaking tradition inside of tradition where a direct interest was a sufficient motive." (Marx.) This made confusion worse confounded, which could be and partially was remedied alone by paternal law. "This seems to be the most natural transition." (Marx.) As to the opinion of the comparative jurists, how this transition took place among the civilized nations of the old world—although only in hypotheses—compare M. Kovalevsky, Tableau des origines et de l'évolution de la famille et de la propriété, Stockholm, 1890.

The downfall of maternal law was the historic defeat of the female sex. The men seized the reins also in the house, the women were stripped of their dignity, enslaved, tools of men's lust and mere machines for the generation of children. This degrading position of women, especially conspicuous among the Greeks of heroic and still more of classic times, was gradually glossed over and disguised or even clad in a milder form. But it is by no means obliterated.

The first effect of the established supremacy of men became now visible in the reappearance of the intermediate form of the patriarchal family. Its most significant feature is not polygamy, of which more anon, but "the organization of a certain number of free and unfree persons into one family under the paternal authority of the head of the family. In the Semitic form this head of the family lives in polygamy, the unfree members have wife and children, and the purpose of the whole organization is the tending of herds in a limited territory." The essential points are the assimilation of the unfree element and the paternal authority. Hence the ideal type of this form of the family is the Roman family. The word familia did not originally signify the composite ideal of sentimentality and domestic strife in the present day philistine mind. Among the Romans it did not even apply in the beginning to the leading couple and its children, but to the slaves alone. Famulus means domestic slave, and familia is the aggregate number of slaves belonging to one man. At the time of Gajus, the familia, id est patrimonium (i. e., paternal legacy), was still bequeathed by testament. The expression was invented by the Romans in order to designate a new social organism, the head of which had a wife, children and a number of slaves under his paternal authority and according to Roman law the right of life and death over all of them. "The word is, therefore, not older than the ironclad family system of the Latin tribes, which arose after the introduction of agriculture and of lawful slavery, and after the separation of the Aryan Itali from the Greeks." Marx adds: "The modern family contains the germ not only of slavery (servitus), but also of serfdom, because it has from the start a relation to agricultural service. It comprises in miniature all those contrasts that later on develop more broadly in society and the state."

Such a form of the family shows the transition from the pairing family to monogamy. In order to secure the faithfulness of the wife, and hence the reliability of paternal lineage, the women are delivered absolutely into the power of the men; in killing his wife, the husband simply exercises his right.

With the patriarchal family we enter the domain of written history, a field in which comparative law can render considerable assistance. And here it has brought about considerable progress indeed. We owe to Maxim Kovalevsky (Tableau etc. de la famille et de la propriété, Stockholm, 1890, p. 60-100) the proof, that the patriarchal household community, found to this day among Serbians and Bulgarians under the names of Zádruga (friendly bond) and Bratstvo (fraternity), and in a modified form among oriental nations, formed the stage of transition between the maternal family derived from group marriage and the monogamous family of the modern world. This seems at least established for the historic nations of the old world, for Aryans and Semites.

The Zádruga of southern Slavonia offers the best still existing illustration of such a family communism. It comprises several generations of the father's descendants, together with their wives, all living together on the same farm, tilling their fields in common, living and clothing themselves from the same stock, and possessing collectively the surplus of their earnings. The community is managed by the master of the house (domácin), who acts as its representative, may sell inferior objects, has charge of the treasury and is responsible for it as well as for a proper business administration. He is chosen by vote and is not necessarily the oldest man. The women and their work are directed by the mistress of the house (domácica), who is generally the wife of the domácin. She also has an important, and often final, voice in choosing a husband for the girls. But the highest authority is vested in the family council, the assembly of all grown companions, male and female. The domácin is responsible to this council. It takes all important resolutions, sits in judgment on the members of the household, decides the question of important purchases and sales, especially of land, etc.

It is only about ten years since the existence of such family communism in the Russia of to-day was proven. At present it is generally acknowledged to be rooted in popular Russian custom quite as much as the obscina or village community.

It is found in the oldest Russian code, the Pravda of Jaroslav, under the same name (vervj) as in the Dalmatian code, and may also be traced in Polish and Czech historical records.

Likewise among Germans, the economic unit according to Heussler (Institutions of German law) is not originally the single family, but the "collective household," comprising several generations or single families and, besides, often enough unfree individuals. The Roman family is also traced to this type, and hence the absolute authority of the master of the house and the defenselessness of the other members in regard to him is strongly questioned of late. Similar communities are furthermore said to have existed among the Celts of Ireland. In France they were preserved up to the time of the Revolution in Nivernais under the name of "parçonneries," and in the Franche Comté they are not quite extinct yet. In the region of Louhans (Saône et Loire) we find large farmhouses with a high central hall for common use reaching up to the roof and surrounded by sleeping rooms accessible by the help of stairs with six to eight steps. Several generations of the same family live together in such a house.

In India, the household community with collective agriculture is already mentioned by Nearchus at the time of Alexander the Great, and it exists to this day in the same region, in the Punjab and the whole Northwest of the country. In the Caucasus it was located by Kovalevski himself.

In Algeria it is still found among the Kabyles. Even in America it is said to have existed. It is supposed to be identical with the "Calpullis" described by Zurita in ancient Mexico. In Peru, however, Cunow (Ausland, 1890, No. 42-44) has demonstrated rather clearly that at the time of the conquest a sort of a constitution in marks (called curiously enough marca), with a periodical allotment of arable soil, and consequently individual tillage, was in existence.

At any rate, the patriarchal household community with collective tillage and ownership of land now assumes an entirely different meaning than heretofore. We can no longer doubt that it played an important role among the civilized and some other nations of the old world in the transition from the maternal to the single family. Later on we shall return to Kovaleski's further conclusion that it was also the stage of transition from which developed the village or mark community with individual tillage and first periodical, then permanent allotment of arable and pasture lands.

In regard to the family life within these household communities it must be remarked that at least in Russia the master of the house has the reputation of strongly abusing his position against the younger women of the community, especially his daughters-in-law, and of transforming them into a harem for himself. Russian popular songs are very eloquent on this point.

Before taking up monogamy, which rapidly developed after the downfall of maternal law, let me say a few words about polygamy and polyandry. Both forms of the family can only be exceptions, historical products of luxury so to speak, unless they could be found side by side in the same country, which is apparently not the case. As the men excluded from polygamy cannot find consolation in the women left over by polyandry, the number of men and women being hitherto approximately equal without regard to social institutions, it becomes of itself impossible to confer on any one of these two forms the distinction of general preference. Indeed, the polygamy of one man was evidently the product of slavery, confined to certain exceptional positions. In the Semitic patriarchal family, only the patriarch himself, or at best a few of his sons, practice polygamy, the others must be satisfied with one wife. This is the case to-day in the whole Orient. Polygamy is a privilege of the wealthy and distinguished, and is mainly realized by purchase of female slaves. The mass of the people live in monogamy. Polyandry in India and Thibet is likewise an exception. Its surely not uninteresting origin from group marriage requires still closer investigation. In its practice it seems, by the way, much more tolerant than the jealous Harem establishment of the