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CONSANGUINITY, or KINDRED

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Originally appearing in Volume V06, Page 970 of the 1911 Encyclopedia Britannica.
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CONSANGUINITY, or KINDRED  , in See also:law, the connexion or relation of persons descended from the same stock or See also:common ancestor (vinculum personarum ab eodem stipite descendentium) . This See also:consanguinity is either lineal or See also:collateral . Lineal See also:con-sanguinity is that which subsists between persons of whom one is descended in a See also:direct See also:line from the other, while collateral relations descend from the same stock or ancestor, but do not descend the one from the other . Colla`-'ral kinsmen, then, are such as lineally See also:spring from one and the same ancestor, who is the stirps, or See also:root, as well as the stires, See also:trunk or common stock, whence these relations See also:branch out . It will be seen that the See also:modern See also:idea of consanguinity is larger than that of agnatio in the See also:civil law, which was limited to connexion through See also:males,and was modified by the ceremonies of See also:adoption and emancipation, and also than that of cognatio, which did not go beyond the See also:sixth See also:generation, and was made the basis of Justinian's law of See also:succession . The more limited meaning of consanguinei was See also:brothers or sisters by the same See also:father, as opposed to uterini, brothers or sisters by the same See also:mother . The degrees of collateral consanguinity were differently reckoned in the civil and in the See also:canon law, " The civil law reckons the number of descents between the persons on both sides from the common ancestor . The canon law See also:counts the number of descents between the common ancestor and the two persons on one See also:side only," and always on the side of the See also:person who is more distant from the common ancestor . See also:English law follows the canon law in beginning at the common ancestor and reckoning downwards . The question of consanguinity owes its See also:great importance to the relationship it bears to the See also:laws of See also:marriage and See also:inheritance . For instance, the law. forbids marriage between persons within certain degrees of consanguinity and See also:affinity, a See also:prohibition which applies with equal force to a See also:bastard as well as to those See also:born in wedlock . The laws of inheritance and descent are regulated in a great measure according to consanguinity, however much they may vary in different jurisdictions .

Apart from those countries which have made either the civil or the canon law the basis of reckoning degrees of consanguinity (and practically all civilized countries adopt one or other), it is impossible to describe any method or See also:

system, for they are as various as the countries and tribes . See, however, the See also:article See also:INDIAN LAW; and consult See also:Lewis H . See also:Morgan, Systems of Consanguinity and Affinity of the Human See also:Family (See also:Washington, 1870); J . F . McLennan, On See also:Primitive Marriage (See also:Edinburgh, 1865): E . A.Westermarck, See also:History of Human Marriage (2nd ed., See also:London, 1894) ; E . Crawley, The Mystic . See also:Rose (1902); A . See also:Lang and J . J . See also:Atkinson, Social Origins and Primal Law (1903) ; E . B .

See also:

Tylor, Primitive Culture (4th ed., 1903) . See also AFFINITY; MARRIAGE; INHERITANCE .

End of Article: CONSANGUINITY, or KINDRED
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