Note 16 — Chapter I

Professor Robertson Smith (Nature, XLIV, 270), criticizing Westermarck's History of Human Marriage, complains that the author has confused history with natural history. "The history of an institution," he writes, "which is controlled by public opinion and regulated by law is not natural history. The true history of marriage begins where the natural history of pairing ends.... To treat these topics (polyandry, kinship through the female only, infanticide, exogamy) as essentially a part of the natural history of pairing involves a tacit assumption that the laws of society are at bottom mere formulated instincts, and this assumption really underlies all our author's theories. His fundamental position compels him, if he will be consistent with himself, to hold that every institution connected with marriage that has universal validity, or forms an integral part of the main line of development, is rooted in instinct, and that institutions which are not based on instinct are necessarily exceptional and unimportant for scientific history."