April Smith

ANTH 3200

Law and Order Ju'hoansi Style

http://anthro.palomar.edu/control/con_2.htm

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A deviation from the social norm that is of such magnitude as to go beyond what would be considered bad manners or odd behavior.  Societies respond to such exceptionally deviant actions by creating laws to curb and sometimes punish them.  There is no universal agreement between the societies of the world about what constitutes criminal behavior or how it should be dealt with. 

Crime

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Most rules of conduct fall into good manners. Large scale societies write down laws to be known

to everyone, and therefore can be equally enforced. Small scale societies, such as the Ju’hoansi, choose

not to use this method of written down equal law enforcement. This is because most traditions, including law, are

passed down orally and are continually evolving with the societies and its needs. Because of this none of the laws need to be explained.

Because of this, most laws are mainly a problem to outsiders. (They simply don’t know the tradition.)

Law- Quick Overview

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Common Law Laws that evolve over time with the society and the traditions. Most laws are derived from common law.

Responsible ManThe person that interprets the laws makes sure the punishment

is appropriate for the crime. Women, children or poor uneducated men are not considered able to makes these decisions.

Informal Negative SanctionsPeople can be subjected to gossip, public ridicule, social

ostracism, insults, and even threats of physical harm by other members of their community. 

Very effective in small-scale societies, because being the target of gossip and ostracism is an extremely serious penalty. 

WeregeldThe concept of “blood money.”

Terms You Should Probably Know

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Reciprocal Gift Giving ensures that every one be on a fairly even plane having about the same amount of food and wealth. 

Law mostly focuses on the failure of an individual or family to freely share food and water with others who need it, and mates.

The Ju’hoansi people would say they are peaceful, but have a high murder rate, mostly due to competition for mates.  

Crimes within the community are usually settled informally. If there is no peaceful agreement made by the members of the

families involved, the community then begins Informal Negative Sanctions, discussing the “bad behavior" and shunning the individuals involved. 

If the Informal Negative Sanctions fail, the adult males of the community come together and openly discuss it.  They are more concerned with finding a solution that will reduce tension and return the community to reciprocity rather then “punishing” the wrong doers.

Judge and Jury

Crimes are almost always considered to be family matters, because they viewed as crimes as against individuals not the community. Therefore the family should settle them, not the community. The community only becomes involved when a fair punishment for the crime can not be agreed upon, and even then they are looking to restore the community, rather then for punishment. Weregeld is usually decided.

Weregeld, the concept of “blood money,” that a material value can be attached to anything and everything.

After the transaction has taken place, society sees the matter as having been settled in a satisfactory manner.

The "crime" is expunged and everyone goes on with their own business. 

Failure to follow through with Weregeld means that the case has not been settled and the wronged party is expected by the community to seek revenge by killing the person.

Double Jeopardy

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http://www.peacefulsocieties.org/Society/Juhoan.html

http://anthro.palomar.edu/control/con_2.htmhttp://www.peoplesoftheworld.org/hosted/juh

oansihttp://www.dhushara.com/paradoxhtm/culture

/mbuti2b.jpghttp://static.flickr.com/116/267200138_74690

74ffd.jpghttp://static.flickr.com/104/268711328_bc55c

15c0f.jpghttp://www.dhushara.com/paradoxhtm/culture

/biaka2.jpg

Bibliography