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第6章

lecture i-第6章

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    〃The boyars have covered the ground with gold;〃 sing the
country people of White Russia。 
    The bridegroom is very often mentioned in the songs of the
peasants of Great Russia as the 〃merchant;〃 whist the bride is
spoken of as 〃merchandise。〃 In the Government of Jaroslav; for
instance; the bride; following an ancient usage; complains of the
treatment to which she will be subjected; saying that 〃unknown
merchants will take her away from her father and her dear
mother。〃(13*) 
    Now that we have carefully passed in review the different
aspects under which matrimonial relations have been viewed; or
still are viewed; by the country people of Russia; we may be
allowed to say; that Russian ethnography quite corroborates the
theory as to the evolution of marriage which English scholars
were the first to establish。 The author of 〃Primitive Culture;〃
as well as the great and powerful genius who has so marvellously
continued the work of Auguste Comte; and lastly the numerous
followers of the man; whose studies in ancient history have
unveiled for us the mysteries of the early family will; I have no
doubt; be pleased to see their views confirmed by the early law
and the still living custom of one of the principal branches of
the Aryan race。 Nothing more; it seems to me; is wanting to the
modern theory of the matriarchate than a solid base of historical
facts。 So long as obscure myths and the more or less superficial
observations of missionaries and tourists constituted the
materials for a theory whose chief purpose is to show us the
social state of our most remote ancestors; objections like those
of Sir Henry Maine or Mr Starcke found a ready ear。 The fact that
among the Kamilaroi and the Kuruai the right of the husband is
ignored; does not necessarily imply that our ancestors had no
notion of marriage and the patria potestas; and the numerous
Greek myths on which Bachofen has established his hypothesis of
any early Greek gyneocracy may possibly belong to the number of
those wandering legends on which it is very difficult to found an
opinion as to the social state of this or that particular people。
    Consult the 〃Sociology〃 of Herbert Spencer; and especially
the chapters in which he treats of the early forms of marriage;
and you will; I am sure; be surprised at the discovery that
scarcely any mention is made of the legal antiquities of peoples
belonging to the Aryan race。 This is a serious defect; and the
sooner it is remedied the better。 Some measures have already been
taken to this end by the modern school of German jurists who;
under the able guidance of Professor Kohler; publish a most
interesting periodical call ed the Zeitschrift fur die
vergleichende Rechtswissenschaft。 It is with an object similar to
theirs that I have undertaken my researches in the vast field of
Slavonic law and custom。 What I have said about it in this
lecture; little though it has been; may; perchance; induce some
of you to undertake fresh studies in this region which is still
so little explored。 I can promise all who will venture; the most
abundant and happy results。 

NOTES:

1。 The last time in an article on the patriarchal family
published in the Quarterly Review。

2。 Compare Lange; 〃On the Mutual Rights; according to Old Russian
Law; of Husband and Wife as regards Fortune。〃 Petersburg; 1886。

3。 〃Das Landrecht von Kloster。〃 (XVIc。) ed。 by Mohr。

4。 Smirnov; 〃Sketches of Family Relations according to the
Customary Law of the Russians〃 (Moscow; 1877) pp。 105; 106。

5。 Ivanischev; 〃Dissertation on the Rights of the Individual
according to the Old Laws of the Bohemians。〃 Complete Works; p。
92。

6。 Ribnikov; 〃The Songs of the Russian People。〃 vol。 i; p。 64。
Kirscha Danilov; 〃Old Russian Poems〃 pp。 9 and 70。 Afanasiev;
〃Tales of the Russian People。〃 vol。 i; p。 484。

7。 〃Antiquarische Briefe;〃 1880; p。 167。 McLennan; 〃The
Patriarchal Theory;〃 ch。 vi。 p。 71。

8。 Afanasiev 〃Folk…tales〃 vol。 i; pp。 211; 212。

9。 Schein; 〃Songs of the White Russians。〃

10。 Tereschenko; 〃Social Life of the Russians;: vol。 iv; p。 280。

11。 Genesis; xxix。

12。 Lange; p。 86。

13。 Titov; 〃Customary Village Law。〃 Nicola Perevos in the
District of Rostov (Jaroslav; 1888); Appendix N。 5。

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