hings grow more complicated when the
wife lives amongst her husband's people, and, nevertheless, the system
of counting descent favours her side of the family and not his. Does
the mere fact that descent is matrilineal tend to imply on the whole
that the mother's kin take a more active interest in her, and are more
effective in protecting her from hurt, whether undeserved or deserved?
It is no easy problem to settle. Dr. Steinmetz, however, in his
important work on _The Evolution of Punishment_ (in German), seeks
to show that under mother-right, in all its forms taken together, the
adulteress is more likely to escape with a light penalty, or with none
at all, than under father-right. Whatever be the value of the
statistical method that he employs, at any rate it makes out the death
penalty to be inflicted in only a third of his cases under the former
system, but in about half under the latter.
* * * * *
We must be content with a mere glance at other types of wrong-doing
which, whilst sooner or later recognized by the law of the community,
affect its members in their individual capacity. Theft and slander
are cases in point.
Amongst the ruder savages there cannot be much stealing, because there
is next to nothing to steal. Nevertheless, groups are apt to quarrel
over hunting and fishing claims; whilst the division of the spoils
of the chase may give rise to disputes, which call for the interposition
of leading men. We even occasionally find amongst Australians the
formal duel employed to decide cases of the violation of
property-rights. Not, however, until the arts of life have advanced,
and wealth has created the two classes of "haves" and "have-nots,"
does theft become an offence of the first magnitude, which the central
authority punishes with corresponding severity.
As regards slander, though it might seem a slight matter, it must be
remembered that the savage cannot stand up for a moment again an adverse
public opinion; so that to rob him of his good name is to take away
all that makes life worth living. To shout out, Long-nose! Sunken-eyes!
or Skin-and-bone! usually leads to a fight in Andamanese circles, as
Mr. Man informs us. Nor, again, is it conducive to peace in Australian
society to sing as follows about the staying-powers of a
fellow-tribesman temporarily overtaken by European liquor: "Spirit
like emu--as a whirlwind--pursues--lays violent hold on
travelling--uncle of
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