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Law, Order, and War
        In
 Non-State Societies
Law and Order in
Band and Village
Societies
 Hunter/Gatherer Societies
       Enjoy high degree of personal
        security without having any rulers   The Subsistence Economy vs.
        or law-and-order specialists
                                             the Political Economy

                                              The reason for these differences is that
                                              band and village societies are
                                              primarily embedded in the
                                              Subsistence Economy and have the
                                              following characteristics:
The centrality of domestic group and kinship relations means that
 reciprocity can be the chief mode of exchange and that members of the
 domestic group have personal incentives to uphold collective interests.

                                 
 Communities are small in            Egalitarian Society: lacks
  size                                 formalized differentiation in
 Domestic groups and                  access to and power over
  kinships are central
  importance                           basic resources among its
 There is relative equity in          members
  access to resources and             Small size means that
  technology                           everyone knows everyone
 Each household is similar            else personally
  and self-sufficient
 Households produce all              Stingy, aggressive and
  their needs by means of              disruptive behavior can be
  division of labor by age and         exposed to the pressures of
  sex                                  public opinion
 Subsistence Economy:
  “Theoretically, no surplus is
  produced beyond a security
  margin – what may be needed if
  things turn bad. The overriding
  goal is to fulfill the household’s
  needs at the lowest cost that          Political Economy:
  affords security.”                     regulates the flow of goods in
 Subsistence Economy: essentially       large multifamily settings and
  the household economy is               supports existing power
  organized at the level to meet basic   relationships
  needs, such as food, clothing,          As territories become more
  housing, defense, and technology.        crowded, there is constant
 Consistent with evolutionary             potential for competition over
                                           resources
  change, the feedback between
  population growth and                   An economy geared toward
                                           intensification and
  technological development results
                                           maximization of production
  in the growth of the subsistence         requires greater managerial
  economy through intensification.         oversight and leadership
Primitive Communism
                                        
 Among small band and village societies, all adults usually have access
  to the rivers, lakes, beaches, and oceans; to all the plants and animals;
  and to the soil and the subsoil. **these are basic to the extraction of
  life-sustaining energy and materials, they are communal property**
     !Kung San – waterholes and hunting-and-gathering territories are said to
      be “owned” by the residential core of particular bands
          Neighbors who ask for permission to exploit particular resources are seldom
           refused
          Even people who come from distant bands and who lack close kin ties with the
           hosts are usually given permission to stay, especially for short periods, because
           all parties understand that the hosts may return the visit at some future date
          Everyone among the !Kung San is recognized as entitled to the necessities of life
           by right of being a member of society
Primitive
   Communism?
      Contd.
                                            
                                               The chance is remote that theft or
 Among those things considered to
                                                misappropriation of such objects will
  be “private property” are:                    lead to serious conflict. Why?
       Weapons                                    Accumulation of material possessions is
       Clothing                                    rigidly limited
                                                   Most utilitarian items may be borrowed
       Containers                                  without difficulty when the owner is not
       Ornaments                                   using them
                                                   Easy access to the raw materials and
       Tools                                       mastery of the requisite skills provide the
       Other personal effects should not           have-nots with the chance of making their
        be taken away or used without               own
        permission by the “owner”                  Among societies having no more than a
                                                    few hundred people, thieves cannot be
                                                    anonymous
                                                   If stealing becomes habitual, a coalition of
                                                    injured parties will eventually take action
                                                   Band level societies have no regular
                                                    market at which such items can be
                                                    exchanged for food
Mobilizing Public Opinion
                                       
When disputes occur in small egalitarian     Shamans and Public Opinion
  societies, the disputants rely on the
backing of their kin groups for support.    In small, egalitarian societies,
                                             shamans play an important role
 In the absence of law-and-order            in mobilizing public opinion and
  institutions, people seek the              in eliminating persistent sources
  support of kin as they press their         of conflict.
  claims against other members of
  the community                             Shamans: are part-time
                                             practitioners of magico-religious
 Public opinion influences the              rights of divination and curing,
  support disputants can expect              skilled in slight of hand, and the
  from their kin                             techniques of trance and
 Often what matters is not who is           possessions
  right or wrong; the important             Most cultures reject the idea that
  thing is to mobilize public                misfortune results from natural
  opinion on one side or the other           causes
  decisively enough to prevent the                It is usually the cause of witchcraft
  outbreak of large-scale feuding                 It is the shaman’s job to find out the
                                                   culprit, using divination or
                                                   clairvoyance
Headmanship
                                  
 To the extent that political leadership can be said to exist at all
  among small societies, it is exercised by “headmen” or, less
  commonly, “headwomen”
 A Headman: unlike such a specialist as a king, president, or
  dictator, is a relatively powerless figure, incapable of compelling
  obedience
 When a headman gives a command, he is never certain of being
  able to punish physically those who disobey
 If he wants to remain in “office”, he gives few direct commands.
 Political Power of:
    Genuine rulers: depends on their ability to expel or exterminate any
     readily foreseeable combination of nonconforming individuals and
     groups
    Genuine rulers: control access to basic resources and to the tools and
     weapons for hurting or killing people, whereas a Headman has an
     achieved status that requires him to lead by example and persuasion
Headmanship, cont’d.
                           
 Achieved Status: is acquired through talents, efforts, and
  accomplishments, rather than ascription
 There are no mechanisms for forcing people in band and
  village societies to do what they do not want to do
  because they can simply move to another location
 The headman must set an example not only for hard work
  but also for generosity
 The headman motivates individuals to avoid conflict and
  restrain violence
 Without political authority to enforce rules against
  violence, the headman must rely on interpersonal skills to
  motivate people to avoid confrontations
 Mechanisms for preventing a
  homicide from flaring into a
  protracted feud include the
  transfer of substantial
  amounts of prized                The Leopard Skin Chief:
                                    is an outside mediator,
  possessions from the slayer’s     believed to have
  kin group to the victim’s kin     supernatural powers,
  group                             who is called on to
 This practice is especially       resolve disputes between
                                    kin groups and prevent
  common and effective              the escalation of
  among pastoral peoples,           hostilities
  whose animals are a
  concentrated form of             The Leopard Skin Chief is
  material wealth and for           the only one who can
  whom bride price is a             ritually cleanse a
  regular aspect of kin group       murderer
  exogamy
Non-kin Associations: Sodalities
                          
 Sodalities: are non-     A common form of
   kinship based groups     sodality is the exclusive
                            men’s or women’s club
   that span several
                           These usually involve
   villages and serve       men or women who
   widely different         partake in public or sectet
   functions, include:      performances that
                            reinforce regional
 economic                  solidarity through ritual
 military                 Age-grade associations,
 religious                 or age-sets, are another
                            common form of
 recreational              solidality
Warfare among
            Hunter and Gatherers
                               
War: is armed combat between groups of people who constitute separate
territorial teams or political communities

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Human Cultures: Chapter 10 presentation

  • 1. Law, Order, and War In Non-State Societies
  • 2. Law and Order in Band and Village Societies  Hunter/Gatherer Societies  Enjoy high degree of personal security without having any rulers The Subsistence Economy vs. or law-and-order specialists the Political Economy The reason for these differences is that band and village societies are primarily embedded in the Subsistence Economy and have the following characteristics:
  • 3. The centrality of domestic group and kinship relations means that reciprocity can be the chief mode of exchange and that members of the domestic group have personal incentives to uphold collective interests.   Communities are small in  Egalitarian Society: lacks size formalized differentiation in  Domestic groups and access to and power over kinships are central importance basic resources among its  There is relative equity in members access to resources and  Small size means that technology everyone knows everyone  Each household is similar else personally and self-sufficient  Households produce all  Stingy, aggressive and their needs by means of disruptive behavior can be division of labor by age and exposed to the pressures of sex public opinion
  • 4.  Subsistence Economy: “Theoretically, no surplus is produced beyond a security margin – what may be needed if things turn bad. The overriding goal is to fulfill the household’s needs at the lowest cost that Political Economy: affords security.” regulates the flow of goods in  Subsistence Economy: essentially large multifamily settings and the household economy is supports existing power organized at the level to meet basic relationships needs, such as food, clothing,  As territories become more housing, defense, and technology. crowded, there is constant  Consistent with evolutionary potential for competition over resources change, the feedback between population growth and  An economy geared toward intensification and technological development results maximization of production in the growth of the subsistence requires greater managerial economy through intensification. oversight and leadership
  • 5. Primitive Communism   Among small band and village societies, all adults usually have access to the rivers, lakes, beaches, and oceans; to all the plants and animals; and to the soil and the subsoil. **these are basic to the extraction of life-sustaining energy and materials, they are communal property**  !Kung San – waterholes and hunting-and-gathering territories are said to be “owned” by the residential core of particular bands  Neighbors who ask for permission to exploit particular resources are seldom refused  Even people who come from distant bands and who lack close kin ties with the hosts are usually given permission to stay, especially for short periods, because all parties understand that the hosts may return the visit at some future date  Everyone among the !Kung San is recognized as entitled to the necessities of life by right of being a member of society
  • 6. Primitive Communism? Contd.   The chance is remote that theft or  Among those things considered to misappropriation of such objects will be “private property” are: lead to serious conflict. Why?  Weapons  Accumulation of material possessions is  Clothing rigidly limited  Most utilitarian items may be borrowed  Containers without difficulty when the owner is not  Ornaments using them  Easy access to the raw materials and  Tools mastery of the requisite skills provide the  Other personal effects should not have-nots with the chance of making their be taken away or used without own permission by the “owner”  Among societies having no more than a few hundred people, thieves cannot be anonymous  If stealing becomes habitual, a coalition of injured parties will eventually take action  Band level societies have no regular market at which such items can be exchanged for food
  • 7. Mobilizing Public Opinion  When disputes occur in small egalitarian Shamans and Public Opinion societies, the disputants rely on the backing of their kin groups for support.  In small, egalitarian societies, shamans play an important role  In the absence of law-and-order in mobilizing public opinion and institutions, people seek the in eliminating persistent sources support of kin as they press their of conflict. claims against other members of the community  Shamans: are part-time practitioners of magico-religious  Public opinion influences the rights of divination and curing, support disputants can expect skilled in slight of hand, and the from their kin techniques of trance and  Often what matters is not who is possessions right or wrong; the important  Most cultures reject the idea that thing is to mobilize public misfortune results from natural opinion on one side or the other causes decisively enough to prevent the  It is usually the cause of witchcraft outbreak of large-scale feuding  It is the shaman’s job to find out the culprit, using divination or clairvoyance
  • 8. Headmanship   To the extent that political leadership can be said to exist at all among small societies, it is exercised by “headmen” or, less commonly, “headwomen”  A Headman: unlike such a specialist as a king, president, or dictator, is a relatively powerless figure, incapable of compelling obedience  When a headman gives a command, he is never certain of being able to punish physically those who disobey  If he wants to remain in “office”, he gives few direct commands.  Political Power of:  Genuine rulers: depends on their ability to expel or exterminate any readily foreseeable combination of nonconforming individuals and groups  Genuine rulers: control access to basic resources and to the tools and weapons for hurting or killing people, whereas a Headman has an achieved status that requires him to lead by example and persuasion
  • 9. Headmanship, cont’d.   Achieved Status: is acquired through talents, efforts, and accomplishments, rather than ascription  There are no mechanisms for forcing people in band and village societies to do what they do not want to do because they can simply move to another location  The headman must set an example not only for hard work but also for generosity  The headman motivates individuals to avoid conflict and restrain violence  Without political authority to enforce rules against violence, the headman must rely on interpersonal skills to motivate people to avoid confrontations
  • 10.  Mechanisms for preventing a homicide from flaring into a protracted feud include the transfer of substantial amounts of prized  The Leopard Skin Chief: is an outside mediator, possessions from the slayer’s believed to have kin group to the victim’s kin supernatural powers, group who is called on to  This practice is especially resolve disputes between kin groups and prevent common and effective the escalation of among pastoral peoples, hostilities whose animals are a concentrated form of  The Leopard Skin Chief is material wealth and for the only one who can whom bride price is a ritually cleanse a regular aspect of kin group murderer exogamy
  • 11. Non-kin Associations: Sodalities   Sodalities: are non-  A common form of kinship based groups sodality is the exclusive men’s or women’s club that span several  These usually involve villages and serve men or women who widely different partake in public or sectet functions, include: performances that reinforce regional  economic solidarity through ritual  military  Age-grade associations,  religious or age-sets, are another common form of  recreational solidality
  • 12. Warfare among Hunter and Gatherers  War: is armed combat between groups of people who constitute separate territorial teams or political communities