The Law of Primitive Man: A Study in Comparative Legal by E. Adamson Hoebel

By E. Adamson Hoebel

A vintage paintings within the anthropology of legislations, this ebook provided one of many first ambitiously conceived analyses of the basic rights and tasks which are handled as legislation between nonliterate peoples (labeled "primitive" on the time of the unique publication). the guts of the booklet is an outline and research of the legislations 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 us; the Trobriand Islanders of the southwest Pacific; and the Ashanti of western Africa. Hoebel's lucid research finds 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 basic particular criteria of behavior in those societies. In providing those specified case experiences of societies studied through different anthropologists, and in outlining an influential method of the topic, it continues to be an illuminating booklet for either students and scholars.

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Consider the case of Wolf Lies Down, whose horse was "borrowed" by a friend in the absence of the owner. When the friend did not return from the warpath with the horse, W 01£ Lies Down put the matter before his society-the Elk Soldiers. "Now I want to know what to do," he said. " The society chiefs sent a messenger to bring the friend in from the camp of a remote band. The friend gave an adequate and acceptable explanation of his conduct and offered handsome restitution to the complainant in addition to making him his blood brother.

E. Evans-Pritchard (Oxford, 1949), p. xiv. 25 26 WHAT IS LAW? 27 of organized force raises the legal order over and against usage and custom . . " 31 However, force in law has a special meaning. Force, unqualified, means coercion-the condition that exists whenever men act, or refrain from acting, in a manner different from that which they themselves would have chosen in a given situation, because others deliberately limit the range of their choice either directly, through present control over it, or indirectly, through the threat of consequences.

Force, unqualified, means coercion-the condition that exists whenever men act, or refrain from acting, in a manner different from that which they themselves would have chosen in a given situation, because others deliberately limit the range of their choice either directly, through present control over it, or indirectly, through the threat of consequences. 32 There are, of course, as many forms of coercion as there are forms of power. Of these, only certain methods and forms are legal. Coercion by gangsters is not legal.

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