cepted sense of the term.

For Dr Westermarck's general term marriage it would be well to
substitute _game_ or gamic union, to express all kinds of sexual
relationships other than temporary ones. As sub-heads under this we
have:

(1) Marriage, a union recognised by law or custom, which imposes duties
and confers rights on one, both, or all the parties to it.

(2) Free union, a relationship not recognised by the community as
conferring rights, but at the same time not punished and not necessarily
regarded as immoral. Temporary unions we may classify as (_a_)
promiscuity where marriage does not exist or is temporarily in abeyance:
(_b_) free love, the relationships of the unmarried: (_c_ i.) temporary
polyandry or polygyny of married people, where the unions are limited
and recognised by custom: (_c_ ii.) marital licence where the husband is
complaisant in the face of public opinion: (_c_ iii.) adultery where
neither the husband nor public opinion permits them.

(3) Liaison, a union in which one or both parties have other ties, which
renders them liable to punishment, or to some kind of atonement.

Ten various possible forms of sexual relationship actually found or
assumed to have existed may now be classified.

A. PROMISCUITY.

I. Unregulated Promiscuity. (_a_) Primary unregulated promiscuity is the
hypothetical state assumed by Morgan and others to be the primitive
state of mankind. It may be noted that promiscuity _de jure_, which is
all that is implied by Morgan's hypothesis, is not necessarily also _de
facto_ promiscuity. Unless it be assumed that jealousy was absent at
this stage, it is clear that free unions must have been the rule rather
than the exception. But if this be so, the only distinction between
Morgan's promiscuity and the ordinary state of things in an Australian
tribe is constituted, intermarrying rules apart, by the fact that the
Australian husband is at liberty to reclaim his wife, if he can, without
fear of blood feud if perchance he slays his successor in the
affections, or perhaps rather in the possession, of his wife, whereas in
Morgan's primitive stage might was right and the abductor was on an
equal footing with his predecessor and successor. (_b_) Secondary
unregulated promiscuity is distinguished from primary promiscuity by the
co-existence of other forms of sexual relations. It may temporarily
supersede these as in Australia; or it may take their place, as among
the Nairs.

II. R