Bachofen's big volume was written In German, i. e., in the language of a nation that cared less than any other of its time for the history of the present family. Therefore he remained unknown. The man next succeeding him in the same field made his appearance in 1865 without having ever heard of Bachofen.
This successor was J. F. McLennan, the direct opposite of his predecessor. Instead of the talented mystic, we have here the dry jurist; in place of the rank growth of poetical imagination, we find the plausible combinations of the pleading lawyer. McLennan finds among many savage, barbarian and even civilized people of ancient and modern times a type of marriage forcing the bride-groom, alone or in co-operation with his friends, to go through the form of a mock forcible abduction of the bride. This must needs be a survival of an earlier custom when men of one tribe actually secured their wives by forcible abduction from another tribe. How did this "robber marriage" originate? As long as the men could find women enough in their own tribe, there was no occasion for robbing. It so happens that we frequently find certain groups among undeveloped nations (which in 1865 were often considered identical with the tribes themselves), inside of which intermarrying was prohibited. In consequence the men (or women) of a certain group were forced to choose their wives (or husbands) outside of their group. Other tribes again observe the custom of forcing their men to choose their women inside of their own group only. McLennan calls the first exogamous, the second endogamous, and construes forthwith a rigid contrast between exogamous and endogamous "tribes." And though his own investigation of exogamy makes it painfully obvious that this contrast in many, if not in most or even in all cases, exists in his own imagination only, he nevertheless makes it the basis of his entire theory. According to the latter, exogamous tribes can choose their women only from other tribes. And as in conformity with their savage state a condition of continual warfare existed among such tribes, women could only be secured by abduction.
McLennan further asks: Whence this custom of exogamy? The idea of consanguinity and rape could not have anything to do with it, since these conceptions were developed much later. But it was a widely spread custom among savages to kill female children immediately after their birth. This produced a surplus of males in such a tribe which naturally resulted in the condition where several men had one woman—polyandry. The next consequence was that the mother of a child could be ascertained, but not its father; hence: descent only traced by the female line and exclusion of male lineage—maternal law. And a second consequence of the scarcity of women in a certain tribe—a scarcity that was somewhat mitigated, but not relieved by polyandry—was precisely the forcible abduction of women from other tribes. "As exogamy and polyandry are referable to one and the same cause—a want of balance between the sexes—we are forced to regard all the exogamous races as having originally been polyandrous.... Therefore we must hold it to be beyond dispute that among exogamous races the first system of kinship was that which recognized blood-ties through mothers only."[2]
It is the merit of McLennan to have pointed out the general extent and the great importance of what he calls exogamy. However, he has by no means discovered the fact of exogamous groups; neither did he understand their presence. Aside from earlier scattered notes of many observers—from which McLennan quoted—Latham had accurately and correctly described this institution among the Indian Magars[3] and stated that it was widespread and practiced in all parts of the globe. McLennan himself quotes this passage. As early as 1847, our friend Morgan had also pointed out and correctly described the same custom in his letters on the Iroquois (in the American Review) and in 1851 in "The League of the Iroquois." We shall see, how the lawyer's instinct of McLennan has introduced more disorder into this subject than the mystic imagination of Bachofen did into the field of maternal law.
It must be said to McLennan's credit that he recognized the custom of tracing decent by maternal law as primeval, although Bachofen has anticipated him in this respect. McLennan has admitted this later on. But here again he is not clear on the subject. He always speaks of "kinship through females only" and uses this expression, correctly applicable to former stages, in connection with later stages of development, when descent and heredity were still exclusively traced along female lines, but at the same time kinship on the male side began to be recognized and expressed. It is the narrow-mindedness of the jurist, establishing a fixed legal expression and employing it incessantly to denote conditions to which it should no longer be applied.
In spite of its plausibility, McLennan's theory did not seem too well founded even in the eyes of its author. At least he finds it remarkable himself "that the form of capture is now most distinctly marked and impressive just among those races which have male kinship."[4]
And again: "It is a curious fact that nowhere now, that we are aware of, is infanticide a system where exogamy and the earliest form of kinship co-exists."[5]
Both these facts directly disprove his method of explanation, and he can only meet them with new and still more complicated hypotheses.
In spite of this, his theory found great approval and favor in England. Here McLennan was generally considered as the founder of the history of the family and as the first authority on this subject. His contrast of exogamous and endogamous "tribes" remained the recognized foundation of the customary views, however much single exceptions and modifications were admitted. This antithesis became the eye-flap that rendered impossible any free view of the field under investigation and, therefore, any decided progress. It is our duty to confront this overrating of McLennan, practised in England and copied elsewhere, with the fact that he has done more harm with his ill-conceived contrast of exogamous and endogamous tribes than he has done good by his investigations.
Moreover, in the course of time more and more facts became known that did not fit into his neat frame. McLennan knew only three forms of marriage: polygamy, polyandry and monogamy. But once attention had been directed to this point, then more and more proofs were found that among undeveloped nations there were connubial forms in which a group of men possessed a group of women. Lubbock in his "Origin of Civilization" (1870) recognized this "communal marriage" as a historical fact.
