The Patriarchal Theory; Based On the Papers of the Late John Ferguson Mclennan

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If there was any such influence it should have been indicated, and shown, by sufiicient evidence, to have possessed the capacity attributed to it. The efi'ect of this having been neg- lected is that the theory is left unfit to account for what is declared to be by far the most numerous and most important class of cases of Agnation.
Here we must repeat that Sir Henry Maine can show us Patria Potestas and Agnation together in one case only, and that, in that case, Patria Potestas survived Agnatio
...n. In that case, too, Agnation was broken down — Patria Potestas still surviving — by the circumstance which could most plausibly be thought 2 196 TEE PATBIABOEAL THEOBT.
of as likely to keep it up after Patria Potestas was gone. At Rome, Agnation was destroyed by its relation to the law of inheritance. ''' To the preceding criticism — which, if valid, if only in the last branch of it, shows that Sir Henry Maine has entirely failed to make out, even by way of hypothesis, any connection between Patria Potestas and Agnation — a word or two should be added as to the view of primitive relationship from which, in Ancient Law, he sets out.


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