[18] Ibid., 141.
[19] Ibid., 141 ff., 145 ff.
[20] Ibid., 118 ff., passim.
[21] Ibid., 123, 124, 128. See the table of comparative groups in Schrader, Sprachvergleichung und Urgeschichte, 394. For the Ionic groups cf. Schömann, Antiquities, 317, 364; Athenian Constitution, 3-10; Wachsmuth, Hist. Ant., I, 342 f.; Müller, Handbuch, IV, 17-22; Grote, Hist. of Greece, III, 52, 53. In general, cf. Fustel de Coulanges, Ancient City, 141 ff.; Hearn, Aryan Household, 63 ff., 112 ff., passim; Leist, Graeco-italische Rechtsgeschichte and Alt-arisches Jus Gentium.
[22] For Freeman's well-known theory of political expansion see Comparative Politics, chap. iii.
[23] Maine, Ancient Law, 125 ff., 26. On the new mode of adoption in India see Mayne, Hindu Law and Usage, 88 ff.; Lyall, Asiatic Studies, chap. vii; Fortnightly Review, Jan., 1877; Jolly, Hindu Law of Partition, 144-66. On the formation of non-genealogical clans see Hearn, Aryan Household, 296 ff. Cf. Post's discussion of "Künstliche Verwandtschaft" in Studien zur Entwicklungsgeschichte des Familienrechts, 25-42: Kohler, ZVR., V, 415-40.
[24] Maine, Early Law and Custom, chaps. iii, iv, viii. For ancestor-worship see especially Fustel de Coulanges, Ancient City, 9-52; Hearn, Aryan Household, 15 ff., 45, 46, 59, 60; Taylor, Primitive Culture, II ("Animism"); Mayne, Hindu Law and Usage, 55, 438; Lyall, Asiatic Studies, chap. ii; Duruy, History of Rome, I, 206; Zimmer, Altindisches Leben, 413; Botsford, Athenian Constitution, 24, 25, passim, who holds against Schrader, Sprachvergleichung (2d ed.), 613-15, that ancestor-worship arose before the separation of the Aryan races. Fustel de Coulanges, Ancient City, 49-51, and Hearn regard the religious tie as of more importance than the blood-bond in the formation of the gentile groups, Aryan Household, 66; and Leist, Graeco-italische Rechtsgeschichte, 7 ff., 11 ff., also makes the formation of the first recognized groups of relationship depend on the sacra. Cf. Kohler, in ZVR., VI, 409-17, for animism; and for additional references, a subsequent note.
[25] Early Hist. of Institutions, 64 ff., 115 ff., 217 ff., 306-41; Village Communities, 15, 16, passim; Early Law and Custom, chaps. iii, iv, and especially chaps. vii, viii, where adverse criticism is considered. Cf. McLennan, Patriarchal Theory, 1-23, for a collation of the more important passages of Maine's writings.
[26] "The rudiments of the social state, so far as they are known to us at all, are known through testimony of three sorts—accounts by contemporary observers of civilization less advanced than their own, the records which particular races have preserved concerning their primitive history, and ancient law." Of these three sources of information, Maine regards ancient law as the best. He fails entirely to appreciate the true importance of the first source, from which, obviously, are derived most of the data of recent ethnical, anthropological, and sociological investigation, including much that Maine himself has presented. Cf. the criticisms by Spencer, Principles of Sociology, I, 713, 714; Lubbock, Origin of Civilization, 6 ff.; McLennan, Patriarchal Theory, 29, 30.
[27] Primitive Family, 94, 95.