The Family among the Australian Aborigines, a Sociological StudyMalinowski, Bronislaw
History
The Family among the Australian Aborigines, a Sociological Study
Malinowski, Bronislaw
Aboriginal Australians -- Social life and customs; Ethnology -- Australia; Families -- History
This government consists roughly speaking of headmen and a tribal
council, composed in the first place of old men of the tribe, skilled
magicians and experienced warriors. This camp council seems as a rule
the more influential factor, and only in few cases are we informed of
chiefs with extensive powers.[22] What is important for us is that
one of the main functions--if not the chief one--of those central
authorities is to decide in case of difficulties in tribal affairs and
to give sentence, a function which is that both of a legislator and of
a judge.[23] The old men are the only depositories of tribal lore; they
also know the rules and norms and how to apply them. We are informed
in many places that they discuss important matters and decide vital
questions; and especially in cases where any law has been transgressed.
They possess also executive power; they can organize an armed party;
they arrange and control the regulated fights; and they have also in
their hands the personal power of punishment by magic.[24] It may
therefore be said in general that the rudimentary form of central
authority, as found in Australia, possesses quite clearly traceable
features of juridical functions and executive power; it forms a kind of
tribunal, and it has its organs to carry out the sentence. It is hardly
necessary to add, that those institutions exist only in a rudimentary
form; but they appear to be quite unmistakable. Besides this central
authority, which sometimes takes the juridical functions upon itself,
there are other forms of organized action, carried out by groups
of individuals, personally interested in the case. Here the legal
character, _i. e._ the feature that distinguishes such action and the
underlying norm from mere violence, fancy or custom--lies in the fact
that such an action is regulated by strict rules and prescriptions. And
it is in just such a mutual connection of a norm and social enforcement
that the fundamental feature of legality may be seen. So _e. g._ in
the Central Tribes a man who has by magic charmed away a woman can
reckon upon the actual support of a definite group of his kindred. The
legality of his act is based upon the existence of a certain norm and
the existence of a form of active and regulated social support which
enforces this norm. Without the norm the social action would be mere
violence. Without the social enforcement the norm would be a moral or
customary rule; so enforced, it may properly be called a law.[25] It is
impossible, for want of space, to deal here more in detail with this
question, which could correctly be answered only by collecting all the
evidence available, and bringing the results into connection with the
general features of Australian society, such as age grades and tribal
secret societies. I only indicate here the point of view, and I shall
in what follows refer to it and exemplify it by concrete instances.
Public-domain text, read in full here on John Shaqi.
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