70 SATUKDAV IJJCTUItES. 



ganized society grew out of their desires for the possession of 

 women. Men first came into conflict with each other on 

 account of women, and to live together in peace it became 

 necessary to organize government and enact law regulating 

 marriage and kinship relations arising therefrom. 



The government and the law relate i)rimarily to kinship, 

 regulating the relation of the sexes, and the relation of the 

 several members of bodies of kindred; that is, the state is 

 organized on kinship. Governmental functions are per- 

 formed by men wliose positions in the government are 

 determined b}^ kinship, and rules relating to kinship and 

 the reproduction of the species constitute the larger body of 

 the law. The law regulates marriage and the rights and 

 duties of the several members of a body of kindred to each 

 other. Individuals are held responsible only to their kin- 

 dred, and certain groups of kindred are held responsible to 

 other groups of kindred. When other conduct, such as the 

 distribution of game taken from the forest or fisli from the 

 sea is regulated, the rules or laws pertaining thereto involve 

 considerations of kinshij), and this is extended so far that a 

 large body of rights to property are kinship rights. In this 

 manner all the earlier forms of the state of which we have 

 knowledge are based on kinship. This gives us kinship 

 societ}^ and tribal government. 



In the highest forms of social organization discovered in 

 the nations of civilization the regulation of conduct discov- 

 ered in the government and the law. relates chiefly and pri- 

 marily to the welfare of the individual, and secondarily to 

 the perpetuation of the species; and of the conduct relating 

 to the welfare of the individual that which relates to prop- 

 erty has an overwhelming predominance. 



In the earliest stages of society small wealth is accumu- 

 lated, and industries for the production of property and 

 Avealth are comparatively undeveloped. In the higher 

 stages of society greatly accumulated wealth is found, and 

 industries are differentiated and industrial organizations 

 multiplied beyond all others. As therefore the organs of 

 government must be adapted to its functions, the plan of 



