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[Chapter 16. Permanent Associations] 173. The next phase of organization is permanent associations. This [gives?] balance to the contract relationship. The strong point about the last was it gave definite statement of time and amount so that present conditions can be made for future. But it can only cover special acts because of its definiteness. 174. Three typical forms are: family, industrial, church. So far as society becomes free, the family must take its rise from contract in form. But in content the association is too intimate to state in contract. The current orthodox theory of family and state is so-called patriarchal, that is, that family is state in minimum , then clan, then city, and then state developed in order. Sir Henry Maine is the great modern representative of this. 175. According to this, family is a type ofpolitical structure. According to others , patriarchal does not represent primitive but a quite advanced stage of development . This has [a] horde theory with promiscuity of sexual relation, with no permanent relation between father and mother to children, but only mother and children (as chickens). 176. Later research does not go to the extreme of either theory. The patriarchal theory has been overthrown as primitive. It is the outcome ofconsiderable social consolidation. Neither is horde theory considered in any way universal. If [sexual relations]66 showed this, it was degeneracy. Family existed from the beginning. However, matriarchate proceeded patriarchate. The line of descent passed through the mother because paternity was uncertain. Mothers were considered heads of families, and ruled the state. 177- The fallacy of considering family as the source of state is due to thinking offamily as a fixed unit, and from [this] combination state arose. This is only true in cross-section; not taking the whole development in society, determined the unity offamily. Family has had history, not only as determining society but also as an organ determined by society. 175 ...

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