Law and justice in simple Society 1-2
Law and justice in simple Society. Radcliffe brown, hoebel work.
- Radcliffe brown. Some societies have no law but have customs which are supported by sanctions. Diffused or organised as per RB.
- Hoebel. a social norm is legal if its neglect is regularly met by application of force by an individual or group possessing socially recognised privilege of acting as such.
- Gluckman. In societies without quotes there is rules of law not legal rules.
- Social control
- Types.
- Formal. Law, legislation, military, education, political
- Informal control. Public opinion, sympathy, normal values religion fashion modality folkways.
- Agencies of social control. Law, state, education, folkways, family, religion and opinion.
- Primitive laws are based on kinship mostly. internal and external problems are dealt with in group. Clan elders possess right to punish and settle disputes. Public opinion is shared by all all and based on this opinion decision is made. Do not differentiate between public and private wrong.
- Sanction types
- Primary. Immediate. Approved behaviour and disapproved behaviour. It can be organised or diffused. Sanctions come from supernatural forces.
- Secondary
- Positive sanction. Ao Naga - headhunting brings higher position.
- Negative sanction. Nagars eating goat meat is prohibited. Grey hair prematurely.
- Adjudication of disputes. Evidence from supernatural forces through oath or ordeal. Oath compelling person to confess mundas of chota Nagpur taking both while sitting on tiger skin.
- Ordeal. Subjecting to dangerous test. Oraon burning charcoal on the palm and if nothing happens, then innocent.
- Punishment. light punishment like feast or complete boycott. Adverse cases even murder. Inuit mock and dance.
- Focus on maintaining kinship. Resolving disputes. Enforcing the norms. Minimise conflict.