Page:The Origin of the Family, Private Property and the State.djvu/22

16 vote; the votes are even for acquittal and for condemnation. Thereupon Athene as president of the jury casts her vote in favor of Orestes and acquits him. Paternal law has gained a victory over maternal law, the deities of the "younger generation," as the Erinyes call them, vanquish the latter. These are finally persuaded to accept a new office under the new order of things.

This new, but decidedly accurate interpretation of the Oresteia is one of the most beautiful and best passages in the whole book, but it proves at the same time that Bachofen himself believes as much in the Erinyes, in Apollo and in Athene, as Aeschylos did in his day. He really believes, that they performed the miracle of securing the downfall of maternal law through paternal law during the time of the Greek heroes. That a similar conception, representing religion as the main lever of the world's history, must finally lead to sheer mysticism, is evident.

Therefore it is a troublesome and not always profitable task to work your way through the big volume of Bachofen. Still, all this does not curtail the value of his fundamental work. He was the first to replace the assumption of an unknown primeval condition of licentious sexual intercourse by the demonstration that ancient classical literature points out a multitude of traces proving the actual existence among Greek and Asiatics of other sexual relations before monogamy. These relations not only permitted a man to have intercourse with several women, but also left a woman free to have sexual intercourse with several men without violating good morals. This custom did not disappear without leaving as a survival the form of a general surrender for a limited time by which women had to purchase the right of monogamy. Hence descent could originally only be traced by the female line, from mother to mother. The sole legality