Most legends relate that primitive man lived in promiscuity with women, without marriage, and that marriage was instituted by some god or by some law. But this opinion, which is still held by most modern authors, is quite erroneous, as Westermark has demonstrated in a masterly manner, by the aid of documents which are absolutely conclusive.
The duty of the husband to provide food for the family is a general law among savage peoples. A confirmation of this law is found in the fact that most often in polygamous races the man has only the right to as many wives as he can support. Every man must give proof that he is capable of feeding his family. Even after divorce the husband's duties continue, and may even be transmitted to his heirs. For example, among certain peoples, his brother is obliged to marry his widow. The husband's duties appear to be inherited from the higher apes, among whom conjugal fidelity lasts longer than the sexual appetite. This fidelity has therefore deep phylogenetic roots in our nature, and we shall see later on that we cannot neglect it without compromising our social state (Chap. XIII).
The following is the definition of marriage as given by Westermark: _Marriage is a sexual union of variable duration between men and women, a union which is continued after copulation, at least till the birth of the child._
According to this definition, there may be monogamous, polygamous and polyandrous marriages, as well as marriage in groups and limited marriage. It is evident that permanent monogamous unions, such as occur in birds and the higher apes, are, according to this definition, true marriages, of better quality even than those of many men.
Among animals which have a definite rutting period, marriage cannot depend solely on the sexual appetite, or egoistic eroticism, without ceasing with the rut. It follows from this that natural selection and the mneme (engraphia) have derived from the sexual appetite certain social or altruistic instincts, with the object of preserving the species by protection of the young. Although not the only means of preserving the species, such instincts are certainly important.
The family is thus the root of marriage. This explains the custom, among certain races, of marriage only becoming valid after the birth of a child. In many forms of marriage by purchase, the wife is even bound to return to her husband the sum paid for her if she remains sterile, and among many savages the marriage is only celebrated after the birth of the first child. In Borneo, relations between the sexes are free till pregnancy occurs, and it is this which determines the duties of marriage. In this respect, these savages are more just and wiser than us.
