guesses with, the results of Mr
[Footnote 22: It is instructive to compare Mandeville"s _a priori_
guesses with, the results of Mr. Maine"s historical investigation into
the condition of early societies. The evidence shows that society
originated in the family system. Mandeville conjectured that solitary
families would never attain to government; but Mr. Maine considers that
there was a complete despotic government in single families. "They have
neither assemblies for consultation nor _themistes_, but every one
exercises jurisdiction over his wives and children, and they pay no
regard to one another." The next stage is the rise of _gentes_ and
tribes, which took place probably when a family held together instead
of separating on the death of the patriarch. The features of this state
were chieftainship and _themistes_, that is, government not by laws,
but by _ex post facto_ decisions upon cases as they arose. This
gradually developed into customary law, which was in its turn
superseded, on the invention of writing, by written codes. Maine"s
Ancient Law, Chap. V.]
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