FREE BOOKS

Author's List




PREV.   NEXT  
|<   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245  
246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   >>   >|  
in this way. Natural kindred was the groundwork, the leading and determining idea; but, by one of those legal fictions which have such an influence on all institutions, adoption was in certain cases allowed to count as natural kindred.[2] The usage of all language shows that community of blood was the leading idea in forming the greater and smaller groups of mankind. Words like _phylon, genos, gens, natio, kin,_ all point to the natural family as the origin of all society. The family in the narrower sense, the children of one father in one house, grew into a more extended family, the _gens_. Such were the Alkmaionidai, the Julii, or the Scyldingas, the real or artificial descendants of a real or supposed forefather. The nature of the _gens_ has been set forth often enough. If it is a mistake to fancy that every Julius or Cornelius was the natural kinsman of every other Julius or Cornelius, it is equally a mistake to think that the _gens Julia_ or _Cornelia_ was in its origin a mere artificial association, into which the idea of natural kindred did not enter. It is indeed possible that really artificial _gentes_, groups of men of whom it might chance that none were natural kinsmen, were formed in later times after the model of the original _gentes_. Still such imitation would bear witness to the original conception of the _gens_. It would be the doctrine of adoption turned the other way; instead of a father adopting a son, a number of men would agree to adopt a common father. The family then grew into the _gens_; the union of _gentes_ formed the State, the political community, which in its first form was commonly a tribe. Then came the nation, formed of a union of tribes. Kindred, real or artificial, is the one basis on which all society and all government have grown up. Now it is plain, that as soon as we admit the doctrine of artificial kindred--that is, as soon as we allow the exercise of the law of adoption--physical purity of race is at an end. Adoption treats a man as if he were the son of a certain father; it cannot really make him the son of that father. If a brachycephalic father adopts a dolichocephalic son, the legal act cannot change the shape of the adopted son's skull. I will not undertake to say whether, not indeed the rite of adoption, but the influences and circumstances which would spring from it, might not, in the course of generations, affect even the skull of the man who entered a cert
PREV.   NEXT  
|<   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245  
246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   >>   >|  



Top keywords:
father
 

artificial

 

natural

 

adoption

 

kindred

 

family

 

gentes

 

formed

 

doctrine

 
origin

society

 

Julius

 

original

 

mistake

 

Cornelius

 

leading

 

groups

 
community
 
commonly
 
nation

tribes

 

government

 

turned

 

adopting

 

Kindred

 

number

 

political

 

generations

 
affect
 

entered


common
 
treats
 

adopted

 
Adoption
 
adopts
 
dolichocephalic
 

change

 

purity

 
influences
 
brachycephalic

circumstances
 

physical

 

undertake

 
exercise
 
spring
 

Cornelia

 

phylon

 

greater

 

smaller

 

mankind