des origines et de l’évolution de la famille et de la propriéte, Stockholm, 1890.
The downfall of maternal law was the historic defeat of the female sex. The men seized the reins also in the house, the women were stripped of their dignity, enslaved, tools of men's lust and mere machines for the generation of children. This degrading position of women, especially conspicuous among the Greeks of heroic and still more of classic times, was gradually glossed over and disguised or even clad in a milder form. But it is by no means obliterated.
The first effect of the established supremacy of men became now visible in the reappearance of the intermediate form of the patriarchal family. Its most significant feature is not polygamy, of which more anon, but "the organization of a certain number of free and unfree persons into one family under the paternal authority of the head of the family. In the Semitic form this head of the family lives in polygamy, the unfree members have wife and children, and the purpose of the whole organization is the tending of herds in a limited territory." The essential points are the assimilation of the unfree element and the paternal authority. Hence the ideal type of this form of the family is the Roman family. The word familia did not originally signify the composite ideal of sentimentality and domestic strife in the present day Philistine mind. Among the Romans it did not even apply in the beginning to the leading couple and its children, but to the slaves alone. Famulus means domestic slave, and familia is the aggregate number of slaves belonging to one man. At the time of Gajus, the familia, id est patrimonium (i.e., paternal legacy), was still bequeathed by testament. The expression was invented by the Romans in order to designate a new social organism, the head of which had a wife, children and a number of slaves under his paternal
