Note 348 — Chapter IV · [89] SEXUAL ASPECT OF MARRIAGE

Custom referring to a certain point—here e. g. to the question whether it is honourable or ignominious to waive one's marital rights—stands in the relation of correspondence to the collective ideas and collective feelings on this point. The expression of Spencer and Gillen that the feeling of jealousy is "subservient to that of the influence of tribal custom" is therefore incorrect (Nat. Tr., p. 99). It would be obviously quite erroneous to assert that there is any collective feeling which would not be subservient to the tribal custom. It is consequently meaningless to affirm that the given feeling here is subservient. We may, therefore, discard also the logical conclusion at which Messrs. Spencer and Gillen arrive from these premisses: viz. that jealousy is a matter of no importance when dealing with the Central Australians (ibid., p. 100). A certain tribal or national custom expresses or formulates public feelings, and, on the other hand, if there is a certain type of collective feelings or ideas, they must have their legal or customary forms wherein to express themselves. We should say: the Australian customs show that there is no such collective feeling as jealousy in our sense, which would obviously object to such customs as theirs. The collective feelings in Australia which correspond to our jealousy do not imply, therefore, the idea of absolute exclusiveness; the idea of inviolable personal access of a man to a woman does not exist there; that is proved by the custom in question. But outside the limits prescribed by tribal custom there is little adultery; jealousy seems to be exceedingly strong, and the same tribal law, which in some cases compels the man to give up his marital rights, in other cases justifies him in the utmost brutalities, and allows him even to inflict death with impunity upon his wife. Owing to the scantiness of our information we can hardly say whether sexual jealousy is stronger or weaker in Australian than in other societies; we can safely affirm that it is different.