exogamic rule and consorting with a woman who is
all-one-flesh with him. But, between clans of the same tribe, the
system of blood-revenge requires strict reprisals, according to the
principle that some one on the other side, though not necessarily the
actual murderer, must die the death. This is known as the principle
of collective responsibility; and one of the most interesting problems
relating to the evolution of early law is to work out how individual
responsibility gradually develops out of collective, until at length,
even as each man does, so likewise he suffers.

The collective method of settling one's grievances is natural enough,
when men are united into groups bound together by the closest of
sentimental ties, and on the other hand there is no central and
impartial authority to arbitrate between the parties. One of our crew
has been killed by one of your crew. So a stand-up fight takes place.
Of course we should like to get at the right man if we could; but,
failing that, we are out to kill some one in return, just to teach
your crew a lesson. Comparatively early in the day, however, it strikes
the savage mind that there are degrees of responsibility. For instance,
some one has to call the avenging party together, and to lead it. He
will tend to be a real blood-relation, son, father, or brother. Thus
he stands out as champion, whilst the rest are in the position of mere
seconds. Correspondingly, the other side will tend to thrust forward
the actual offender into the office of counter-champion. There is
direct evidence to show that, amongst Australians, Eskimo, and so on,
whole groups at one time met in battle, but later on were represented
by chosen individuals, in the persons of those who were principals
in the affair. Thus we arrive at the duel. The transition is seen in
such a custom as that of the Port Lincoln black-fellows. The brother
of the murdered man must engage the murderer; but any one on either
side who might care to join in the fray was at liberty to do so. Hence
it is but a step to the formal duel, as found, for instance, amongst
the Apaches of North America.

Now the legal duel is an advance on the collective bear-fight, if only
because it brings home to the individual perpetrator of the crime that
he will have to answer for it. Cranz, the great authority on the Eskimo
of Greenland, naively remarks that a Greenlander dare not murder or
otherwise wrong another, since it might possibly cost hi