Handbook to the ethnographical collections . |1 Fig. 24.—MaNyema woman, to sliowcicatrization. Congo State. Fjg. 23.—Tatuingneedlewith bone blade, and Where agriculture is practised^ land usually belongs to thecommunity as a whole. The soil is divided among differenthouseholds, and is often redistributed at fre(]uent intervals, as INTRODUCTION 27 in the year of Jubilee under the Mosaic law. The land,however, gradually passed into private possession, chiefly asthe result of effective occupation. The Law of primitive communities is very largely basedupon custom, and arises from t
Handbook to the ethnographical collections . |1 Fig. 24.—MaNyema woman, to sliowcicatrization. Congo State. Fjg. 23.—Tatuingneedlewith bone blade, and Where agriculture is practised^ land usually belongs to thecommunity as a whole. The soil is divided among differenthouseholds, and is often redistributed at fre(]uent intervals, as INTRODUCTION 27 in the year of Jubilee under the Mosaic law. The land,however, gradually passed into private possession, chiefly asthe result of effective occupation. The Law of primitive communities is very largely basedupon custom, and arises from the principle of give and takenecessary to any form of social life. But customary law isgreatly modified by the ceremonial law, which originates inprimitive religious belief. In early times there were no regular judges ; the publicopinion of the clan awarded simple and severe punishments,such as exile or death. Later the chief or priest became thejudge ; and last of all, as in Mexico, a regular judicial body. Fig. 25.—Wooden figure used in divination; in case of theft thediviner moistens tlie block and rubs it up and down the back of the figure,repeating the names of the villagers. When he mentions that of the thiefthe block sticks. Bushongo, Congo Free State. came into existence. An important part is also played bysecret societies, as in New Britain and West Africa, thefunction of which is to redress wrong which might otherwiseescape punishment. The aid of the gods was constantlyinvoked^to decide the question of innocence or guilt (fig. 25) ;thus arose the machinery of ordeals and oaths, which arefound in almost every uncivilized country of the world, andhave survived in civilized lands to modern times. In the daysof the Anglo-Saxons and Normans there was frequent re-course to ordeals in England, while the oath maintains itsplace in our law-courts to-day. In the evolution of criminallaw the widespread custom of vendetta or blood-revenge isa factor of the highest sign
Size: 2503px × 999px
Photo credit: © The Reading Room / Alamy / Afripics
License: Licensed
Model Released: No
Keywords: ., bookauthorjoycetho, bookcentury1900, bookdecade1910, bookyear1910
