The Family among the Australian Aborigines, a Sociological Study — John Shaqi
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
Spencer and Gillen, p. 476; Waitz Gerland, p. 794. In some
cases the transgression of the mother-in-law taboo seems
to be punished by expulsion from the local group: Howitt,
_Nat. Tr._, p. 296.--Salvado says that marriage under
thirty years is punished by death (p. 267). Such examples
could be indefinitely multiplied.
These few remarks are merely made to settle the terminology. By
definition a given norm or rule is Legal if it is enforced by a direct,
organized, and definite social action. And by the word legal will be
designated this side or aspect of a given social relation which is
regulated by laws, as just defined.
Our considerations indicate also in what direction an analysis of the
social conditions in Australia would be interesting from the point of
view of primitive jurisprudence. In the first place, there is a great
variety of modes in which the different legal norms are preserved,
impressed upon the social mind, and taught to different members of
the society. Here the connection of different norms with religion,
myth, totemic cultus, organization of the secret society, etc., might
be discussed. In the second place a careful investigation of the
different forms of social sanction, based partly on belief, partly
on collective ideas and feelings, partly on actual institutions and
direct enforcement, might be carried out. In connection with it there
might be a classification of the norms; and the domain of the purely
legal norms, or rather the properly legal aspect of norms and different
social phenomena could be exactly traced. In other words each norm
should be studied in connection with the way in which it is "codified"
(_i. e._ preserved for and imparted to social knowledge); and in
connection with its sanction. In the case of a legal norm the tribunal
and the executive organs should be indicated as far as possible.
Undoubtedly we find in such a primitive society as the Australian many
institutions still in a state of confusion, which on a higher level
are quite well determined and differentiated. But the more confused
the phenomena, the clearer our conceptions must be in order exactly
to follow the different ways in which the elements are interwoven and
combined. What is an isolated and defined institution in a higher
society, may be merely a side or aspect of social phenomena in a lower
one. But it is highly important to use definite concepts to denote such
aspects or sides in undifferentiated societies, because it often widens
our horizon and puts our ideas to a crucial test.
I wish to add that in the present case it is only the necessity for
clearness and convenience that makes a definition necessary. The domain
of primitive jurisprudence cannot be considered fully explored yet;
the chief aim of a good definition is to state the proper problems and
to show the groups of facts that must be inquired into in order to give
right answers to the problems proposed.
II
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account