The Child and Childhood in Folk-Thought: Studies of the Activities and Influences of the Child Among Primitive Peoples, Their Analogues and Survivals in the Civilization of To-DayChamberlain, Alexander Francis
Science
The Child and Childhood in Folk-Thought: Studies of the Activities and Influences of the Child Among Primitive Peoples, Their Analogues and Survivals in the Civilization of To-Day
Chamberlain, Alexander Francis
Child rearing; Children -- Folklore; Folklore and children
entitles you to so many blows.' Thus we see how modern child's play
respects the dignity of the king as the fountain of law." In the Swiss
version, as Mr. Newell remarks, "the memory of the severity of ancient
criminal law is preserved," for "the thief flies, and is chased over
stock and stone until caught, when he is made to kneel down, his cap
pushed over his brows, and his head immediately struck off with the edge
of a board" (313.124).
_Boy-Moots_.
The most interesting section, perhaps, of Mr. Johnson's _Rudimentary
Society among Boys_, is that devoted to "Judicial Procedure" (272.
35-48). Fighting, arbitration, the ordeal and the wager have all been in
use as modes of settling quarrels at the McDonogh School--such matters
of dispute as arose having been left for the boys to settle among
themselves without the control of the faculty. Indeed, the advice which
Polonius gives to Laertes seems to have been ever present in the earlier
days:--
"Beware
Of entrance to a quarrel; but being in,
Bear't that th' opposed may beware of thee."
Following the appeal to fists came the appeal to chance and luck--the
"odd or even" marbles, the "longest straw," and like devices came into
vogue. The arbitration of a bystander, particularly of "a big boy who
could whip the others," and the "expedient of laying a wager to secure
the postponement of a quarrel," are very common. But the most remarkable
institution at McDonogh is undoubtedly the boy-moot, one of whose
decisions is reported in detail by Mr. Johnson,--an institution in
action "almost daily," and part and parcel of the life of the school.
None but the author's own words can justly portray it (272. 47, 48):--
"The crowd of boys assembled about the contestants, whose verdict
decides the controversy, is, in many respects, the counterpart of a
primitive assembly of the people in the folk-moot. Every boy has the
right to express an opinion, and every boy present exercises his
privilege, though personal prowess and great experience in matters of
law have their full influence on the minds of the judges. The primitive
idea that dispensing justice is a public trust, which the community
itself must fulfil towards its members, is embodied in this usage of the
'McDonogh boys.' The judges are not arbitrators chosen by the
disputants, nor are they public functionaries whose sole business is to
preside over the courts; but the whole body of the population declares
by word of mouth the right and wrong of the matter. This tumultuous body
of school-fellows, giving decisions in quarrels, and determining
questions of custom, reproduces with remarkable fidelity the essential
character of the primitive assembly."
Mr. Johnson was struck with "the peace and good order generally
prevalent in the community," which speaks well for the judicial system
there in vogue.
The editor, in his introductory remarks, observes:--
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account