By E. Adamson Hoebel
ISBN-10: 0674023625
ISBN-13: 9780674023628
ISBN-10: 0674517008
ISBN-13: 9780674517004
ISBN-10: 0689700962
ISBN-13: 9780689700965
A vintage paintings within the anthropology of legislations, this publication provided one of many first ambitiously conceived analyses of the elemental rights and tasks which are handled as legislation between nonliterate peoples (labeled "primitive" on the time of the unique publication). the center of the ebook is an outline and research of the legislation of 5 societies: the Eskimo; the Ifugao of northern Luzon within the Philippines; the Comanche, Kiowa, and Cheyenne tribes of the western plains of the USA; the Trobriand Islanders of the southwest Pacific; and the Ashanti of western Africa. Hoebel's lucid research unearths the diversity and complexity of those societies' political and criminal associations. It emphasizes their use of due method in adjudication and enforcement and highlights the significance of common particular criteria of behavior in those societies. In delivering those designated case stories of societies studied through different anthropologists, and in outlining an influential method of the topic, it is still an illuminating e-book for either students and scholars.
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Extra resources for The Law of Primitive Man: A Study in Comparative Legal Dynamics
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Who has the right of divorce? II. Property Law Question 41. What are the laws of land and soil? Question 42. Can property be protected by magic? Question 43. Does ownership belong to the family or the individual alone? 4 See Erich Schultz-Ewarth and Leonard Adam, Das Eingeborenenrecht, 2 vols. (Stuttgart, 1929); vol. I: Ostafrika, Foreword, pp. v-ix, for a brief history of the questionnaire movement. This work collates the usable data derived from the answers garnered in the surveys. 5 Joseph Kohler, "Fragebogen zur Erforschung der Rechstverhaltnisse der sogenannten Naturvolker, namentlich in den deutschen Kolonialliinder," Zeitschrift fur vergleichende Rechstwissenschaft, 12:427-440 (1897).
24 Or Mishkin's to the opposite effect that the Kiowa dapom (the lowest of four distinct social classes), "would steal from their own kin. " 25 We would not challenge the validity of these generalizations as to the deportment of the Ifugao men-of-distinction as against the behavior of Kiowa bums, but it is certainly likely that the fact of a theft by a kadangyang runs a good chance of being overlooked or minimized in any native account, while anything that borders on theft on the part of a dapom is quite apt to be colored in the telling so that it is presented as theft.
Deviation was held by him to be more revealing than normation. It is not that he ignored the norms, but rather that they did not hold him spellbound. Nevertheless, because he took the descriptive road and not that of the case study approach, his accounts tend to be generalized. In Crime and Custom in Savage Society no more than six actual cases can be found. Even these are presented in a quasi-narrative form rather than in the manner of cases as such. 18 J. G. Frazer, Preface, in Bronislaw Malinowski, Argonauts of the Western Pacific (London, 1922), p.
The Law of Primitive Man: A Study in Comparative Legal Dynamics by E. Adamson Hoebel
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