Political Organization

and Social Control

NOTES FOR CIVIL SERVICES EXAMINATION
ANTHROPOLOGY PAPER I, CHAPTER 4

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1. Concepts of power, authority and legitimacy

1.1 POWER

"Weber defined power as the chance that an individual in a social relationship can achieve his or her
own will even against the resistance of others".

"Stephen Lukes gives three faces of power, one being the Success in decision making, second
involved ability to Manage the agenda and finally Manipulating the wishes of others".

 From these definitions of power, we can understand that power does not exist individually. Still,
its effect can be seen in a group or social environment, where one individual has more influence
than others and can subject them to his/her control or decisions.
 From the individual perspective, we consider physical and mental power, but in the arena of
political anthropology, its power is the ability to influence others, get things done. Thus power is
a vital instrument for control in political systems.

Power can be of the following types:

1. Social Power
 Social power could emerge from the status, ability and skills, charisma of an individual,
using which they could influence others around them.
 Such power is usually wielded by priests, intellectuals, and people in business in modern
societies.
o The big man and big woman of Melanesia and Papua new guineaare said to wield social
power.
o Father, as head of the family, is the centre of power in a patriarchal family.
o The elders in age-set groups perform a similar function.

2. Political Power:
 This power is derived from a particular position – formal or informal, official or unofficial,
which can influence or coerce the citizens or members of a society to act in a specific manner.
 It is this power which gives the wielder of the ability to make laws and decisions for the
society as a whole.
o The chiefs, ministers, lawmakers hold such power and so on. It is usually the case that
those who wield political power also tend to have high social power.

1.2 AUTHORITY

 Authority is the exercise of legitimate influence by one social actor over another.
 There are many ways in which an individual or entity can influence another to behave differently,
and not all of them have equal claim to authority.
 Weber identified power as being either authoritative or coercive.
o Authoritative power is exercising power which is seen as legitimate. It is consensual, and it is
non-coercive nature.
o Coercion is where someone uses power through force.

Type of Authority (Weber)

1. Charismatic authority
 This type of authoritative power is based on 'charisma' which is more or less are based on the
personal qualities an individual has to influence a group or person
 Such charismatic individuals may exercise authority over a whole society or only a specific
group within a broader community.
 They can exercise authority for good and for wicked.

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  Further, Charismatic authority is relatively unstable because the authority held by a
charismatic leader may not easily extend to anyone else after the leader dies.
 Examples
o Mahatma Gandhi was a charismatic individual, who wielded power by his sheer
persona, values of truth and ahimsa.
o Modern-day motivational speakers, authors also tend to use such authority.

2. Traditional authority
 This form of authoritative power exists and is assigned to particular individuals because of
that society’s customs and traditions, its religious beliefs and so on.
 While the traditional authority is universal in many preindustrial communities, it is not
uncommon in modern societies too.
 Traditional authority is granted to individuals regardless of their qualifications and is usually
hereditary.
 Examples
o Such authority is wielded by Family heads- Karta of joint family, Chiefs, head of
Monarchies, religious leaders etc.

3. Rational-legal authority
 This form of authoritative power is primarily tied to legal rationality, legal legitimacy and
bureaucracy.
 Laws made by democratic governments are legitimate, and the forces like police and
judiciary which derive power from these laws are said to wield rational-legal authority.
 Rational-legal authority resides in the Office that an individual fills, not in the individual per
se.
o For example, the authority of the president of a country lies in the Office of the
presidency, not in the individual who happens to be president. When that individual
leaves Office, authority is transferred to the next president.

1.3 LEGITIMACY

 Legitimacy is the perception or the acceptance by the people that an individual has a valid right
to leadership.
 Legitimacy is that ingredient which when added to the power of an organization or individual,
endows him with authority to rule, to make decisions and laws.
 Power and legitimacy form two pillars of social control.
 Legitimacy in simple societies comes from the acceptance of the leadership a charismatic
individual.
 Legitimacy is particularly essential to complex societies that require centralized decision making.

Historically, the right to rule has been based on various principles which were used as Legitimacy
indicators:
 In agricultural states such as ancient Mesopotamia, the Aztec, and the Inca, justification for the
rule of particular individuals was based on hereditary succession and typically granted to the
eldest son of the ruler.
 European monarchs invoked a divine right to rule that was reinforced by the Church of England
in Britain and by the Roman Catholic Church.
 Ancient Indian kings considered themselves to be descendants of god and thus gave themselves
legitimacy to rule.
 In many cases, supernatural beliefs were invoked to establish legitimacy and justify rule by an
elite. Incan emperors derived their right to rule from the Sun God and Aztec rulers from
Huitzilopochtli (Hummingbird-to-the-Left).
 In the modern scenario, democratic elections give the rulers the legitimacy to rule. There are
principles and rules and constitutions with exist as codebooks for such rulers.

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Characteristics of legitimacy.
1. Legitimacy is a primary ingredient for authority.
2. Legitimacy is culture-bound and evolves.
3. Legitimacy is based on the belief of what is right and wrong. Thus it expects the leader to guide
the society in the right direction and make correct decisions.
4. Legitimacy needs the power to enforce decisions. Thus both power and legitimacy are
interdependent in any political organization.

2. Political Organisation (Band, Tribe, chiefdom, kingdom and State)

"Political System or Political Organisation is defined as a system related with maintenace of internal
order and external peace with the involvement of leadership and authority".

Type of Political Organisations:

 Based on Authority
o Unicentric: Authority belongs to the whole society. Example: Band
o Multicentric: Autority belongs to multiple centers. Example Lineage system
o Centralized: Authority belongs to only few people. Example Modern Democratic System.
 State or Stateless
o Stateless: Band, lineage system, age system and village council
o State: Chiefdom, archaic state, modern state.

Figure: Political Organization in Different Societies Based On Authority

2.1 BAND

 A Band is a relatively small, usually nomadic local group that is politically autonomous.
 Band organization refers to a political organization where the local group or band is the largest
territorial group in society.
Examples include the Mbuti, Kung of Africa, the Netsilik and Inuit in Canada, the Lapp of
Scandinavia, the Tiwi in Australia, and the Ainu in Japan. In India, the Chenchu’s are organized into
bands.

Characteristics of a band

1. Size
 The bands are small in size, with less than 100 people usually as they subsist on hunting and
gathering activities.
 Groups have a low population density as they tend to occupy larger geographic areas.
 Band membership can be fluid and tend to vary by season and food availability.

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 o The bands break up or recombine according to the food resources available at a given
time and place.
o More significant the amount of food available more extensive is the size of the band.
o For example, the Inuit bands, are smaller in the winter, when food is hard to find, and
more abundant in the summer when there is sufficient food to feed a larger group.

2. Leadership and Decision Making

 There is no permanent leader or the Office of a leader who is responsible for decision
making.
 Leadership is situational.
 Each band may have its informal headman, it could be:
o The eldest member of the group
o Most proficient hunter
o Person most accomplished in rituals who can decide on what is essential for the group.
o There may be one person with all these qualities or several people in different areas.
 The person who is recognized as leader on the basis of their personal qualities like skill,
good sense, and humility.
o Such skills are usually the core of survival of the community and very important.
 For example, decisions like when a camp has to move, how a hunt is going to go
through are crucial for the survival hunters-gatherers.
In Inuit bands, each settlement may have its headman, who acquires his influence
because the other members of the community recognize his excellent judgment and
superior skills. The headman's advice concerning the movement of the band and
other matters is heeded to, generally. Still, he possesses no permanent authority and
has no power to impose sanctions of any kind. Inuit leaders are male, but men often
consult their wives in private, and women who hunt seem to have more influence
than those who do not.
 Power is thus character-based, charisma and the skills of the leader and so is informal.
 Decision making is by consensus involving adult members of the group.

3. Organization of the Band

 The band is organized based on kinship ties in which family forms the basic unit and
authority is delegated within families.
 The social organization is egalitarian in nature, with resources being shared equally amongst
the members.
 The concept of private property is generally absent, although if it is present, it is weak,
which means that land is not owned, but can be used communally.
 Social stratification is either missing or if present, is based on skills and age.
 The bands are independent political units.
 There is no central authority over groups.

2.2 TRIBE

 A Tribe is a non-centralized political organization formed of several local groups which are
mostly autonomous but can potentially come together as a larger group.
 The small regional groups are composed of kinship groups like Clans or Lineages or Non-kinship
associations like age-set systems.

Note: The term Tribe used here is used in the context of a political organization. It is not to be
confused with tribal groups or tribal societies which form a distinct socio-cultural unit. Such societies
can have their versions of political systems which need not be a Tribe based political organization.

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 Figure: Organization of a Tribe

Characteristics of a Tribe

1. Size
 The Tribe is composed of a larger population and higher density when compared to the
Bands.
o A tribe of the Tiv of Nigeria had about 8, 00, 000 members.
 These groups are usually horticulturists or pastoralists.
 They have a semi-nomadic or settled lifestyle.
 The Tribe is more territorial compared to others.

2. Leadership and Decision Making

 The leadership like the bands is informal.
 Social power is recognized based on the character, charisma and the skills and quality
displayed by the individual, which makes him qualify as a leader. This leadership is thus,
informal.
 Decision making is left to the individual kinship groups. Dispute resolution and warfare
involve the sub-groups to participate. For example, among the Karimojong, quarrel in camp
will be settled by the representatives of the senior age-set who are present, regardless of
which section of the Tribe they may belong.
Among the Karimojong, political leaders are not elected from among the elders of a
particular age set, nor are they appointed; they acquire their positions informally. Usually, a
man's background and the ability he has demonstrated in public debates over a while will
result in him being considered by the men of his neighbourhood to be their spokesman. His
function is to announce what course of action seems required in a particular situation, to
initiate that action, and then to coordinate it after it has begun. Most political leaders exercise
their authority within the local sphere because the pastoral nature of the Karimojong
economy, with its dispersed groups and movement from one feeding ground to another,
offers no alternative.

3. Organization of the Tribe

 The Tribe is an egalitarian and acephalous society.
 Two main types of organization found in the Tribes are:
o Kinship Based Organization
o Non-Kinship or Association Based Organization

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Kinship based organization
The people are organized based on kinship ties and mainly unilineal descent groups like Lineages,
Clans etc.

1. Lineage based organization

 A society with such a system is composed of segments or parts.
 Every section is a particular hierarchy (level) is similar to the others in terms of structure and
function and level of political organization.
 Every local segment belongs to a hierarchy of lineages stretching farther and farther back
genealogically.
 Such an organization is informal, and the sub-lineages are usually autonomous. However,
they come together if the situation demands.
o The Tiv of Nigeria, Nuers of Sudan have a lineage-based tribal organization. The Nuers
have an institutional position called “The Leopard Skin Chief” who acts as an arbiter to
reduce the inter-lineage feuds.
 Despite the lineage organization being informal and acephalous, they tend to form
formidable military groups.
The Tiv of Nigeria are organized based on a segmentary lineage system. It links all the Tiv
into a single genealogical structure or Tribe. The figure shown below is a representation of
the Tiv lineage structure as described by Paul Bohannan. It shows four levels of lineages. The
lowest one being the smallest of the group, it is the minimal lineage (represented by a - h). As
and when one goes to the next level in the lineage hierarchy, we observe that the lineage
hierarchy becomes more inclusive. At the highest level is the Tribe having Lineage I from
where the sub-lineages or segments have evolved. Further, we also can see from the image
that the lineages are also associated with territory. Closer the lineages in the hierarchy, closer
they are territorially too.
If two lineages are involved in a dispute, there is an alignment of the other groups based on
which group forms the closest kin. If there is a threat to the territory, then the entire Tribe
comes together to fight. For example, in the figure, if 'a' and 'b' are having dispute only
lineages 'a' and 'b' will get involved; In case of disagreement between 'a' and' the complete
lineages '1' and '2' get included, and in case of a dispute between 'a' and 'e' entire lineage 'A'
and lineage 'B' will get involved.

Figure: Tiv Lineage Segements and Their Territory

Source: Ember and Ember Cultural Anthropology

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2. Clan based organization
 A society with such a system is one where the clans are the basic unit of political organization
and the seat of authority.
 A clan is a group of people united by actual or perceived kinship and descent.
o Even if lineage details are unknown, clan members may organize themselves around a
founding member or apical ancestor.
 Clan elder usually looks after the affairs of their clan-like settlement of a dispute between the
clan members, negotiating with other clan groups, etc.
 The clans can have a clan council and inter-clan council for dispute resolution.
o The Vannibago Red Indians are an example of clan-based organization. Elders of the
clan settle disputes, and in case of inter-clan conflict, inter-clan council decides on the
matter. They are organized into six clans – Thunderbird, Bear, Buffalo, Wolf, Water
spirit and Elk. Of these clans, the Thunderbird clan is considered superior, and so
representative of that clan heads the inter-clan council. Thus we can see some level of
organization in the case of the clan-based political system.

Non- Kinship based organization

 Different societies are grouped based on age groups or age-set.
 Age grades are groups of men who are close to one another in age and share similar duties or
responsibilities—all men cycles through each age grade during their lifetimes. As the age sets to
advance, the men assume the responsibilities associated with each age grade. Usually, entry into
an age-set begins at or before puberty in a group initiation ceremonies.
 The age-sets encompass several communities so that a sense of solidarity is formed.
o Karimojong of northeastern Uganda, Tiriki of Kenya have a tribal political organization
based on age-set.
Among the Tirikiof Kenya, the age sets moved in continuous 105-year cycles. There are named
age-sets – Sawe, Juma, Mayima, Nyonje, Jiminigayi, Golongolo, Kabalah.
 There are seven roles to be played by the age-sets depending on the age group they
belong to. They are:
o Small boys (<15years)
o Initiated and Uninitiated Youth (16-30)
o Warriors who defended the herds of the Tiriki and conducted raids on other
tribes
o Elderly warriors who acquire castles, houses and also take wives.
o They also handle the decision-making functions of the Tribe as a whole; their
legislation affects the entire village while also representing their kin groups.
o The judicial elders have toresolve disputes that arose between individuals,
families, and kin groups, of which some elders were apart.
o The ritual eldershandlesupernatural functions that involved the entire Tiriki
community. Finally, the community which represented the retired or deceased.
 This age grade and age set system encourages bonds between men of similar ages.
Their responsibilities towards their fellows temper their loyalty to their families.

Representation of Age-sets among the Tiriki of Kenya

Image Source: https: //courses.lumenlearning.com

2.3 CHIEFDOM
 A chiefdom is a political unit, with a chief as its head, integrating more than one community but
not necessarily the whole society or language group.
 The person who exercises authority, usually on behalf of a multi-community political unit is the
chief.
 This role is generally found in rank societies and is generally permanent and often hereditary.

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Characteristics of chiefdom

1. Size
 The societies with chiefdoms are more densely populated, and their communities are more
permanent, partly as consequence of their generally higher economic productivity.
 There is a definite element of territoriality among the chiefdoms.

2. Leadership and Decision Making

 The chiefs are the formal leaders of the chiefdom.
 The chiefdom is usually hereditary. Hereditary chiefs supposedly have qualities in their
"blood” in opposition to the character and skill-based leadership among the Tribe or the
Band.
 In most chiefdoms, the chiefs did not have the power to compel people to obey them; people
would act under the chief's wishes because the chief was respected and often had religious
authority. On the other hand, in case of complex paramount chiefdoms, such as those of
Hawaii and Tahiti, the chiefs seemed to have more compelling.
 Legitimacy is an essential aspect of the chiefdom.
o In Hawaii, there is a belief that divine powers created the position of the chief. Thus the
authority of the chief is traditional, which flows from divinity.

3. Organization of Chiefdom
 The position of chief bestows high status on its holder.
 Most chiefdoms have a social ranking and accord the chief and his family greater access to
prestige.
 This is a stage where the society starts to become stratified.
 There could be a hierarchy of chiefs at various local levels, who represent their respective
clans or communities which culminates at the apex with a Chief of the chiefdom.
 Locus of authority and decision making is shifted away from a group to an individual or
councils.
 The society functions on redistribution.
 The chief may redistribute goods, plan and direct the use of free labour, supervise religious
ceremonies, and direct military activities on behalf of the chiefdom.
o Substantial amounts of products and services collected by the chiefs are used to support
subordinates, including specialists such as high priests, political envoys, and warriors
and so on.
o Further, they are also responsible for the resolution of internal disputes.

2.4 STATE

A state is “an autonomous political unit, encompassing many communities within its territory and
having a centralized government with the power to collect taxes, draft men for work or war, make
and enforce laws.”

Characteristics of a State

1. Size
 According to International laws, State is defined by territory, a permanent population which
lives within that territory, a central government and the capacity to enter into relations with
other sovereign states.
 Population varies but is generally high.

2. Leadership and Decision Making

 States have a complex, centralized political structure that includes a wide range of
permanent institutions with legislative, executive, and judicial functions and a vast
bureaucracy.

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  They use a legitimate force used to implement policies both internally and externally.
 There is a well-defined hierarchy in political structure, which appears to be in the form of a
pyramid with the central political leadership at its apex.
 This structure enables the State to cover and reach the large population.
 State political organizations, can be classified into Monarchies, Oligarchies, Democracies
based on the system through which the leadership position is acquired.
o Monarchies usually have one ruler and are hereditary.
 Many nation-states in Europe of 17th 18th century were monarchies.
 The North Korean political system today is a monarchy.
o Oligarchies mean the rule of the selected few.
 The former soviet union, Communist Party of China are examples of oligarchy
o Democracy is the selection of leaders via elections by the people.
 The USA, India and Germany are democratic countries.
 Decision making is delegated to the central leadership, who act on behalf of the citizens to
enact laws.
 The laws made are then enforced via a set of complex structures like executive and judicial
bodies.
 Specialized instruments of social control like the police force, a militia, or a standing army
exist in such societies.
 Though the functions are same, there is a very high degree of variations in the organization of
various instruments of the State.

3. Organization of State
 The people are organized based on the territory, so a state is a unit comprising of many
communities with coexisting in the territory.
 Multi-society set up that is communities belonging to different linguistic, religious, cultural
groups is a hallmark of state organizations.
 There is a very high degree of social stratification in which class and caste form the most
prevalent basis of stratification.
 The class involves stratification based on economic status, while caste includes ascribed status
based social stratification.
o In Indian society until the beginning of the 19th century, caste and class went hand in
hand.
 There are some societies which involve differentiation in terms of a race like the European
and American societies.
 Trade and economic structure are complicated.
 Redistribution plays a significant role in the economic organization through instruments of
taxation, policies on occupation and limits on them, import-export rules and guidelines and
so on.
 A state cannot be defined based on one dominant occupation as in the case of communities
like bands and tribes – horticulturist, pastoralists and so on. But it is a complex arrangement,
inter-dependence between societies, high degree of specialization and a money-market
economic organization.

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 Figure: Features of Political Organization
Source: Adopted From Cultural Anthropology By Ember and Ember.

3. Social control, law and justice in simple societies

3.1 Social Control

Radcliffe Brown – "Political Organization is that aspect of total organization, which is concerned with
the control and regulation of the use of physical force."
"Society is an organized association of individuals. This institution of human society is characterized
by a unique, enforceable force that controls the behaviour of every individual. This force is
responsible for ensuring social control".

 Social control is a basic necessity for coherent functioning and stability in any society and absence
of such could lead to chaos, uncertainty, unbridled violence, threatening the very existence of the
community.
 Social control can be in the form of well-stated laws and enforcing institutions like the Police and
Judiciary in modern societies, or unstated traditional practices and customary laws, coercion by
the dominant elements, ethics in the society and so on.

3.2 Need of laws as a mechanism of social control

Laws are instruments of Social control. They form a composite external force which has to be obeyed.
Belief in the sanctity of laws is necessary to maintain order in society. Laws are construed out of the
necessities of the situations and are enforced by punishments. According to some scholars, laws are
supposed to be obeyed spontaneously, willingly. In some cases, where supernatural forces are feared,
they are observed out of fear.

Malinowski, in his observation of the Trobriand Islanders, concluded that laws were necessary for
mutual co-existence and adaptation to the local environment. According to him, people obeyed laws
because they were interdependent on others and mutual obligation to do one's duty was necessary for

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survival. He illustrates this concept with the ceremonial ritual life of the islanders. He says that, if the
coastal and the interior communities did not exchange food products as fish and garden produce,
both groups were unlikely to survive. Thus according to him, laws are obeyed in self-interest and not
slavishly as an external imposition.

This observation of laws aims at keeping harmony and prosperity in the community. It can be
observed in the various kinds of actions that are regarded as sins among many tribal communities-
incest, adultery (aim at keeping the institution of the family intact), witchcraft, homicide, black magic
(protect the lives of the individuals in society), the concept of purity and pollution – purification
rituals, clan exogamy (Aimed at keeping the societal structure and hierarchy intact).

3.3 Social Control Mechanisms in Simple Societies

Social control theory seeks to understand how to reduce deviance. It presupposes that social relations
and contracts between parties constrain all choices. Every source of control emerges from the culture
and the views of the society in which one is encultured.
Social control can be achieved through
(1) Internal control mechanism
(2) External control mechanism

Internal control
 Internal control mechanisms refer to mechanisms within an individual where one willingly tends
to follow the norms of the society. It follows from what is essential for the individual-
relationships, commitments, values, and beliefs, moral standards and so on. This mechanism
relies on the power of internal means of control, such as one’s own conscious, ego, and
sensibilities about right and wrong, to mitigate the likelihood that one will deviate from social
norms
 Jackson Toby, in his article entitled "Social Disorganization and Stake in Conformity:
Complementary Factors in the Predatory Behavior of Hoodlums, " discussed why adolescents
were inclined or disinclined to engage in criminal activities. He argues that individuals involved
in non-delinquent community activities felt as though they had too much to lose by joining
delinquent groups and, hence, had a "stake in conformity."

External control
External control is achieved both through formal and informal means. They involve sanctions and
punishments for non-adherence.
 Informal: Social control expects conformity. Conformity is the act of matching attitudes, beliefs,
and behaviours to group norms—the tendency to conform results fromsubtle unconscious
influencesordirect and overt socialpressure.
o Indirect control can be in the form of affectionate identification with individuals who adhere
to social norms, or the manipulation of an individual’s conscience or sense of guilt to
encourage conformity.
o Direct control (Informal sanctions) may include shame, ridicule, sarcasm, criticism, and
disapproval. In extreme cases, penalties may consist of social discrimination and exclusion.
o Family, peer pressure at work and among the social groups acts as informal means of social
control. In simple societies, the fear of the supernatural powers and spirits serve as a means to
ensure conformity.
 Formal: Formal means of social control are generally state-determined, through the creation of
laws and their enforcement.
o Obedience is a form of social influence in which a person accepts instructions or orders from
an authority figure. Obedience differs from compliance, which is behaviour influenced by
peers, and from conformity, which is response intended to match that of the majority.
o Laws of the country expect obedience.Formal sanctions such as fines and imprisonment, in
some instances, the death penalty ensures compliance to regulations to a great extent. Ordeals
and social punishments ensure obedience in simple societies.

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3.4 Law and Justice in Simple Societies

Majumdar and Madan - "Law consists of a set of principles which permit the use of force to maintain
political and social organization within a territory."
Hobel – "A law is a social norm, the infraction of which is sanctioned in thread or fact by the
application of physical force by a party possessing the socially recognized privilege of so acting."

 From the above definitions, we understand that law is a system of rules which a particular society
recognizes as regulating the actions of its members and which it may enforce by the imposition of
penalties.
 It is based on principles that define the fundamental values and philosophy of any society. The
enforcement of these laws for the benefit of society is referred to as justice.

Nature of primitive societies in respect of law and justice

To understand the law and justice systems in primitive/simple societies, we need to understand the
essential characteristics of such societies. According to Lowie, primitive societies differ from modern
societies in the following ways
 Primitive societies have a limited territorial extent and have small populations.
 Primitive societies are knit together based on kinship bonds.
 Enforcement of law usually involves appeals to kinship bonds.
 Kin could be subject to punishment for the wrongs done by their family or clan members.
 The ethical and moral values of society determine the laws and customs.
 Such societies usually are made up of people with homogenous value systems, shared
experiences and sentiments which enables them to decide what is good or bad for the society as a
whole.
o For example, adultery, incest, witchcraft and such other wrongs are considered sins by the
people and customary laws are designed to act against them.
 Public opinion is highly valued.
 Small societies are highly integrated. Individual's dependence on society is absolute and
necessary for their survival. As such, they are highly sensitive to group needs.
 Every individual in self-interest and also societal interest acts as a representative of the law. It is
the basis of enforcement of ethical values and customary laws.
 While the public opinion is important, the decision-makers are usually the elders of the society –
who interpret the laws based on their experience and ability.
 Their belief systems involve supernatural elements.
 Supernatural elements play a significant role in the day-day aspects of the people. They are all-
pervasive in socio-religious facets of their lives. The justice system in many primitive societies
believes in supernatural punishment in the form of oaths or ordeals.
 There is no distinction between public and private wrongs in simple societies.
 It is due to the predominance of kinship bonds, collective belief systems in the enforcement of the
law. Participation of the entire society in events like Wergild (punitive feasts) is an example of
this fact.

Characteristics of primitive law

In a primitive society, laws grow slowly and steadily based on earlier experiences and ethical mores
that the people embody. These laws by usage become customs and act as customary laws. The
characteristic of such customary laws can be understood by differentiating them from the modern
legal jurisprudence.

1. The "intention" of a person.

 The intent is a crucial factor that determines punishment in modern societies. It is the basis on
which sentences are reduced or enhanced.
o For example, Euthanasia is not considered as murder and is treated differently.
 In the case of primitive societies, the intent is usually irrelevant; the result of the action
becomes most important. It is due to consideration given to supernatural punishment.

13 | Anthropology Paper I: Unit 4

  It is feared that the supernatural power will inflict the entire community if the sins are not
rectified.
Amongst the Kamar, broken eared people are ostracized, even in case of an unforeseen event.
In the case of Rengma Nagas, their importance is given to the intent of crime – distinguish
between murder and accidental homicide.

2. Collective responsibility
 It is the collective responsibility of the society or the kin group to avenge the wrong or to
punish an individual for their sins.
 Justice is often administered through councils of village elders, tribal chiefs.
o Eskimos act a unified force overriding all considerations, including kinship ties if they
suspect witchcraft or sorcery.
o Rengma Nagas consider, setting fire to the jungle to be a grave crime, and the entire
village curses the offender.
 It is because the forest becomes unproductive for several years, and the interests of
society as a whole, is harmed.
 In modern societies, justice is the responsibility of particular organs of governments – police
and judiciary.

3. Evidence
 Establishment of guilt is a critical aspect of the administration of justice.
 Evidence is necessary for proving guilt in both primitive and modern societies.
 Village councils and tribal panchayats consider witnesses as a source of evidence.
 Primitive societies, apart from finding witnesses, also accept oaths and ordeals as pieces of
evidence.
 Both oaths and ordeals have basis because they believe in supernatural punishment.
 The accused individual is asked to take an oath and either accept guilt or deny it.
 It is widely accepted that perjury, would bring about supernatural wrath.
o Oath-taking to find out the truth is a solemn event among the Rengma Nagas.
 The whole village observes taboo on normal activities for an entire day.
 In ordeal, the accused individual is forced to do things such as dipping hands in boiling
water, oil and so on. If the individual escapes this ordeal unharmed, he is considered not
guilty.

4. Punishment
 Once the guilt is established, punishment follows.
 In primitive societies, penalties are aimed at correcting the wrongs.
 There is no fixed rule or a definite penalty for a defined act as is the case in modern societies,
which have codified laws and procedures that also determine the extent of punishment given
to the individual.

Some features of punishment in primitive societies are:

 Murder for murder is a widely accepted principle. The kin of the guilty individual is also subject
to penalty, or the kin of the deceased can avenge them.
 The guilty person doesn't need to be the person who is punished.
o Eskimos do not concern themselves much with homicide usually.
o Rengma Nagas, in case of homicide, exile the accused and destroy his house.
 Wergild or punitive fine is another aspect of punishment. The compensation is provided to the
wronged individual or their family. Along with that, the entire village partakes in punitive feasts.
o In the traditional laws of the Kamar, a primitive tribe in Madhya Pradesh, homicide is often
reasoned with and justified. But when it cannot be done so, the murderer is usually pardoned
when they give punitive feasts.
 In some instances, the compensation given to the wronged is treated as illegal money and is often
distributed or destroyed.

14 | Anthropology Paper I: Unit 4

 o Among the RengmaNagas, a sexual act with an unmarried girl is not punished, but her
parents can demand fine. Such a fine is treated as tainted money and so destroyed or
distributed.
 There is no concept of equality in the application of laws. Punishment differs for gradation of
crimes and the status of individual committing the crimes and against whom the crimes are
committed.
o In certain parts of tribal Africa, adultery against commoner is minor and private wrong, but
with the wife of a king or chief, it is a significant crime.
 The individual is rarely imprisoned as in the case of modern societies.

4. Questions

1. Mention the characteristic features of the band with suitable examples. 15M
2. Discuss different social control mechanisms in simple societies. 15M
3. Discuss the nature of Law and Justice in simple societies citing suitable examples 20M
4. How does taboo serve as a means of social control? 15M
5. How does customary la function in tribal societies? Discuss its different sources 15M-2018

15 | Anthropology Paper I: Unit 4

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