Publication Date

5-18-1955

Abstract

Attempts to clarify the problem of law among non-literate peoples has been largely one of isolating with accuracy its distinguishing characteristics. Non-literate law is not written down or codified. Often, it is not sustained by any formal police force, and courts are lacking. Legislation, in the proper sense of the term, may be an attribute of developed legal systems only. A further difficulty is fostered by the fact that in any examination of law among peoples of other cultures, the investigator is hampered by concepts of legality derived from too close acquaintance with his own legal system. Social control of a certain type is involved throughout, from the simpilest societies to the most complex. The point in this continuum at which law “begins” must of necessity be an arbitrary decision. Seagle, for instance, places this point at the appearance of courts. Certainly, our law is institutionalized; is the product of a long historical development; and constitutes a separate entity, The Law, in our thinking and in our society. Among non-literate peoples, law is not institutionalized, and indeed few of the characteristics of our own law may appear. Since this is the case, it might be suggested that non-literate law is not a single unit of observation, inasmuch as its forces may be diffused throughout the social order. However, non-literate law may be treated as a single unit of observation if a valid criterion of legality can be found and applied. Various attempts have been made to do this.

Document Type

Thesis

Language

English

Degree Name

Anthropology

Level of Degree

Masters

Department Name

Anthropology

First Committee Member (Chair)

Willard Willams Hill

Second Committee Member

Leslie Spier

Third Committee Member

Harry Wetherald Basehart

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