Woman under socialism. Bebel August
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maidens were gathered, and constituted a chief point of attraction for the men of Greece. Of the daughter of King Cheops of Egypt, the legend relates that she had a pyramid built out of the proceeds of prostitution of her charms.
Conditions, similar to these, prevail down to now, on the Mariana, the Philippine and the Polynesian islands; according to Waitz, also among several African tribes. Another custom, prevalent till late on the Balearic islands, and indicative of the right of all men to a woman, was that, on the wedding night, the male kin had access to the bride in order of seniority. The bridegroom came last; he then took her as wife into his own possession. This custom has been changed among other people so that the priest or the tribal chiefs (kings) exercise the privilege over the bride, as representatives of the men of the tribe. On Malabar, the Caimars hire patamars (priests) to deflower their wives… The chief priest (Namburi) is in duty bound to render this service to the king (Zamorin) at his wedding, and the king rewards him with fifty gold pieces.15 In Further India, and on several islands of the great ocean, it is sometimes the priests and sometimes the tribal chiefs who undertake the function.16 The same happens in Senegambia, where the tribal chief exercises, as a duty of his office, the deflowering of maids, and receives therefor a present. Again, with other peoples, the custom was, and continues here and yonder, that the deflowering of a maid, sometimes even of a child only a few months old, is done by means of images of deities, fashioned expressly for this purpose. It may also be accepted as certain that the "jus primae noctis" (the right of the first night), prevalent in Germany and all Europe until late in the Middle Ages, owes its origin to the same tradition, as Frederick Engels observes. The landlord, who, as master of his dependents and serfs, looked upon himself as their chief, exercised the right of the head of the tribe, a right that he considered had passed over to himself as the arbiter of their lives and existence.
Echoes of the mother-right are further detected in the singular custom among some South American tribes, that, instead of the lying-in woman, the man goes to bed, there acts like a woman in labor, and is tended by the wife. The custom implies that the father recognizes the new born child as his own. By imitating the pains of child-birth, the man fills the fiction that the birth is also his work; that he, therefore, has a right to the child, who, according to the former custom, belonged to the mother and the mother's gens, respectively. The custom is said to have also maintained itself among the Basques, who must be looked upon as a people of primitive usages and customs. Likewise is the custom said to prevail among several mountain tribes in China. It prevailed until not long since in Corsica.
In Greece likewise did woman become an article of purchase. So soon as she stepped into the house of her marital lord, she ceased to exist for her family. This was symbolically expressed by burning before the door the handsomely decked wagon which took her to the house of her husband. Among the Ostiaks of Siberia, to this day, the father sells his daughter: he chaffers with the representative of the bridegroom about the price to be paid. Likewise among several African tribes, the same as in the days of Jacob, the custom is that a man who courts a maid, enters in the service of his future mother-in-law. Even with us, marriage by purchase has not died out: it prevails in bourgeois society worse than ever. Marriage for money, almost everywhere customary among the ruling classes, is nothing other than marriage by purchase. Indeed, the marriage gift, which in all civilized countries the bridegroom makes to the bride, is but a symbol of the purchase of the wife as property.
Along with marriage by purchase, there was the custom of marriage by rape. The rape of women was a customary practice, not alone among the ancient Jews, but everywhere in antiquity. It is met with among almost all nations. The best known historic instance is the rape of the Sabine women by the Romans. The rape of women was an easy remedy where women ran short, as, according to the legend, happened to the early Romans; or where polygamy was the custom, as everywhere in the Orient. There it assumed large proportions during the supremacy of the Arabs, from the seventh to the twelfth century.
Symbolically, the rape of woman still occurs, for instance among the Araucans of South Chile. While the friends of the bridegroom are negotiating with the father of the bride, the bridegroom steals with his horse into the neighborhood of the house, and seeks to capture the bride. So soon as he catches her, he throws her upon his horse, and makes off with her to the woods. The men, women and children thereupon raise a great hue and cry, and seek to prevent the escape. But when the bridegroom has reached the thick of the woods, the marriage is considered consummated. This holds good also when the abduction takes place against the will of the parents. Similar customs prevail among the peoples of Australia.
Among ourselves, the custom of "wedding trips" still reminds us of the former rape of the wife: the bride is carried off from her domestic flock. On the other hand, the exchange of rings is a reminiscence of the subjection and enchainment of the woman to the man. The custom originated in Rome. The bride received an iron ring from her husband as a sign of her bondage to him. Later the ring was made of gold; much later the exchange of rings was introduced, as a sign of mutual union.
The old family ties of the gens had, accordingly, lost their foundation through the development of the conditions of production, and through the rule of private property. Upon the abolition of the gens, grounded on mother-right, the gens, grounded on the father-right first took its place, although not for long, and with materially weakened functions. Its task was mainly to attend to the common religious affairs and to the ceremonial of funerals: to safeguard the mutual obligation of protection and of help against violence: to enforce the right, and, in certain cases, the duty of marrying in the gens, in cases when rich heiresses or female orphans were concerned. The gens, furthermore, administered the still existing common property. But the segmentation of handicraft from agriculture; the ever wider expansion of commerce; the founding of cities, rendered necessary by both of these; the conquest of booty and prisoners of war, the latter of which directly affected the household, – all of these tore to shreds the conditions and bonds of eld. Handicraft had gradually subdivided itself into a larger number of separate trades – weaving, pottery, iron-forging, the preparation of arms, house and shipbuilding, etc. Accordingly, it pushed toward another organization. The ever further introduction of slavery, the admittance of strangers into the community, – these were all so many new and additional elements that rendered the old constitution of society ever more impossible.
Along with private property and the personal right of inheritance, class distinctions and class contrasts came into existence. Rich property-owners drew together against those who owned less, or nothing. The former sought to get into their own hands the public offices of the new commonwealth, and to make them hereditary. Money, now become necessary, created thitherto unknown forms of indebtedness. Wars against enemies from without, and conflicting interests within, as well as the various interests and relations which agriculture, handicraft and commerce mutually produced rendered necessary complicated rules of right, they demanded special organs to guard the orderly movement of the social machinery, and to settle disputes. The same held good for the relations of master and slave, creditor and debtor. A power, accordingly, became necessary to supervise, lead, regulate and harmonize all these relations, with authority to protect, and, when needed, to punish. Thus rose the State, the product, accordingly of the conflicting interests that sprang up in the new social order. Its administration naturally fell into the hands of those who had the liveliest interest in its establishment, and who, in virtue of their social power, possessed the greatest influence, – the rich. Aristocracy of property and democracy confronted each other, accordingly, even there where externally complete equality of political rights existed.
Under the mother-right, there was no written law. The relations were simple, and custom was held sacred. Under the new, and much more complicated order, written law was one of the most important requirements; and special organs became necessary to administer it. In the measure that the legal relations and legal conditions gained in intricacy, a special class of people gathered shape, who made the study of the law their special vocation, and who finally had a special interest in rendering the law ever more complicated. Then arose the men learned in the laws, the jurists, who, due to the importance of the statutory law to the whole of society, rose to influential social rank. The new system of rights found in the course of time its classic expression in the Roman State, whence the influence that Roman law exercises down to the present.
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K. Kautsky, "Die Entstehung der Ehe und der Familie," Kosmos, 1883.
Montegazza, "L'Amour dans l'Humanite."