[58] LEIST, _Graeco-italische Rechtsgeschichte_, 64. This work is continued in the _Alt-arisches Jus Gentium_, the two books really constituting a single treatise. Compare the more conservative view of JOLLY, _Ueber die rechtliche Stellung der Frau_, 4 ff., 20-22, and _Hindu Law of Partition_, 76 ff., who, however, denies the existence of an authority on the part of the Hindu husband equal to that of the Roman _pater_.
[59] BERNHÖFT, "Zur Geschichte des eur. Familienrechts," _ZVR._, VIII, 12, 15, who also regards the view of DARGUN, _Mutterrecht und Raubehe_, 8, 13, as extreme. _Cf._ his "Principien des eur. Familienrechts," _ZVR._, IX, 416, n. 39. KOHLER favors the patriarchal system and agnation for the Indic peoples, in _ZVR._, VII, 201, 210, 216; X, 85. HEARN, _Aryan Household_, chaps. iii-vi, _passim_, takes practically the same view as Maine regarding the patriarchal theory, rejecting entirely for the Aryans the matriarchal hypothesis.
[60] The _rita_-conception is well expressed by DR. BOTSFORD: "This mankind learned from the revolution of sun and stars, from the succession of the seasons, from the unchanging movements of nature. The conception thus gained was transferred to human modes of activity. The sexes in marriage were subject to the _naturalis ratio_, as well as the continuance of the race through successive generations. The relation of parents to children with their reciprocal obligations and privileges--the protection and support which the father, as the stronger, offered, the kind care of the mother for her infants, the reverence and affection with which the children requited their services, the love of youth and maiden, leading to marriage--all these rested, in the _rita_ period, on the one foundation of natural law."--_Athenian Constitution_, 29, 30.
_Dhama_ thus forms a means of transition to the second juridical phase, that of _dharma_, or divine law, corresponding to the Greek _themis_ and the Latin _fas_.[61] In the _dharma_ period, law is regarded as inspired by the gods, whose earthly agent, the priest or hero-king, is intrusted with its application; and in it the rules governing civil and public conduct, according to modern conceptions, are not distinguished from those relating to manners, morality, or religion. When history dawns, our early Aryan ancestors had already entered the _dharma_ phase of evolution; and even now the Hindus have scarcely gained the third phase, prevailing in the civilized West, in which the element of "civil law" is separate from all other ingredients.[62]