The origin of the family, private property, and the state

by Friedrich Engels

2. That such an intercourse excludes any absolutely certain means of determining parentage; that consequently descent could only be traced by the female line in compliance with maternal law—and that this was universally practiced by all the nations of antiquity.

3. That consequently women as mothers, being the only well known parents of younger generations, received a high tribute of respect and deference, amounting to a complete women's rule (gynaicocracy), according to Bachofen's idea.

4. That the transition to monogamy, reserving a certain woman exclusively to one man, implied the violation of a primeval religious law (i. e., practically a violation of the customary right of all other men to the same woman), which violation had to be atoned for or its permission purchased by the surrender of the women to the public for a limited time.

Bachofen finds the proofs of these propositions in numerous quotations from ancient classics, collected with unusual diligence. The transition from "hetaerism" to monogamy and from maternal to paternal law is accomplished according to him—especially by the Greeks—through the evolution of religious ideas. New gods, the representatives of the new ideas, are added to the traditional group of gods, the representatives of old ideas; the latter are forced to the background more and more by the former. According to Bachofen, therefore, it is not the development of the actual conditions of life that has effected the historical changes in the relative social positions of man and wife, but the religious reflection of these conditions in the minds of men. Hence Bachofen represents the Oresteia of Aeschylos as the dramatic description of the fight between the vanishing maternal and the paternal law, rising and victorious during the time of the heroes.

Klytaemnestra has killed her husband Agamemnon on his return from the Trojan war for the sake of her lover Aegisthos; but Orestes, her son by Agamemnon, avenges the death of his father by killing his mother. Therefore he is persecuted by the Erinyes, the demonic protectors of maternal law, according to which the murder of a mother is the most horrible, inexpiable crime. But Apollo, who has instigated Orestes to this act by his oracle, and Athene, who is invoked as arbitrator—the two deities representing the new paternal order of things—protect him. Athene gives a hearing to both parties. The whole question is summarized in the ensuing debate between Orestes and the Erinyes. Orestes claims that Klytemnaestra has committed a twofold crime: by killing her husband she has killed his father. Why do the Erinyes persecute him and not her who is far more guilty?

The reply is striking:

"She was not related by blood to the man whom she slew."

The murder of a man not consanguineous, even though he be the husband of the murderess, is expiable, does not concern the Erinyes; it is only their duty to prosecute the murder of consanguineous relatives. According to maternal law, therefore, the murder of a mother is the most heinous and inexpiable crime. Now Apollo speaks in defense of Orestes. Athene then calls on the areopagites—the jurors of Athens—to vote; the votes are even for acquittal and for condemnation. Thereupon Athene as president of the jury casts her vote in favor of Orestes and acquits him. Paternal law has gained a victory over maternal law, the deities of the "younger generation," as the Erinyes call them, vanquish the latter. These are finally persuaded to accept a new office under the new order of things.

This new, but decidedly accurate interpretation of the Oresteia is one of the most beautiful and best passages in the whole book, but it proves at the same time that Bachofen himself believes as much in the Erinyes, in Apollo and in Athene, as Aeschylos did in his day. He really believes, that they performed the miracle of securing the downfall of maternal law through paternal law during the time of the Greek heroes. That a similar conception, representing religion as the main lever of the world's history, must finally lead to sheer mysticism, is evident.

Therefore it is a troublesome and not always profitable task to work your way through the big volume of Bachofen. Still, all this does not curtail the value of his fundamental work. He was the first to replace the assumption of an unknown primeval condition of licentious sexual intercourse by the demonstration that ancient classical literature points out a multitude of traces proving the actual existence among Greeks and Asiatics of other sexual relations before monogamy. These relations not only permitted a man to have intercourse with several women, but also left a woman free to have sexual intercourse with several men without violating good morals. This custom did not disappear without leaving as a survival the form of a general surrender for a limited time by which women had to purchase the right of monogamy. Hence descent could originally only be traced by the female line, from mother to mother. The sole legality of the female line was preserved far into the time of monogamy with assured, or at least acknowledged, paternity. Consequently, the original position of the mothers as the sole absolutely certain parents of their children secured for them and for all other women a higher social level than they have ever enjoyed since. Although Bachofen, biased by his mystic conceptions, did not formulate these propositions so clearly, still he proved their correctness. This was equivalent to a complete revolution in 1861.