1 16 TRANSACTIONS OF THE 



In the perpetuation of the species the functions of reproduction 

 are dependent upon the biologic organization of mankind, dividing 

 the human race into two classes — male and fetnalc — and the very- 

 earliest states yet discovered have their plans of organization based 

 on sex, and composed of classified bodies of kindred. 



This may be stated in another way. In the earliest forms of 

 society conduct involving the relations of the sexes and the rela- 

 tions of kindred arising therefrom was first brought under regula- 

 tion. The primary and principal source of disagreement among 

 primitive men at the inception of organized society grew out of 

 their desires for the possession of women. Men first came into 

 conflict with one another 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 primarily to kinship, regula- 

 ting the relation of the sexes, and the relation of the several mem- 

 bers of bodies of kindred ; that is, the state is organized on kinship. 

 Governmental functions are performed by men whose positions in 

 the government are determined by 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 one another. 

 Individuals are held responsible only to their kindred, 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 fish from the sea, is regulated, the rules or laws pertain- 

 ing thereto involve considerations of kinship, 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 society and 

 tribal government. 



In the highest forms of social organization discovered in the 

 nations of civilization the regulation of conduct embodied in the 

 government and the law, relates chiefly and primarily to the welfare 



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