|
Jour. Anth. Inst.
Contents:
Show Summary
Hide Summary
Historical SummaryKinship behavior has extensive expressions in African customary law. Among the Bavenda, as reported by Gottschling, legal proceedings may be initiated for the payment of a debt by taking an equivalent piece of property from anyone living in the same kraal as the debtor:
If a debtor does not pay his creditor the latter will take anything of the same value as the debt, say a cow, from anybody who is living in the same kraal as the debtor. The owner of the cow misses it, and searching, finds his cow at the cattle kraal of a stranger. He goes and asks the
reason why his cow has been brought there. The creditor tells him the name of his debtor, and informs the owner of the cow, who is only an inhabitant of the debtor’s kraal, that the cow will be kept impounded by him until the debtor has paid his account. The owner of the cow is bound by Bawenda law to leave it in the hands of the stranger until the debt has been paid. Consequently, if he wishes to have his cow back, the only way for him to get it is to force the debtor to pay his creditor. This is called by the Bawenda molaeo oa o farela—the law of "tit for tat."1
Among the Giriama of East Africa
if the murderer refuses to pay up he is killed in the same manner that he killed his victim. If a wife commits a murder and her husband refuses to pay up he is killed; the woman is not punished. If a man escapes after committing murder and gets away altogether, his nearest male relation will be called upon to pay up the fine; if he refuses he is killed. If a murderer has no male relations his clan will be called upon to pay the fine; if they refuse one of their male members is killed by the clan of the deceased.2
1Gottschling, E.E.n/an/an/an/a, "The Bawenda: a Sketch of Their History and Customs," , 35: 378.
2 Barrett, W. E. H., "Notes on the Customs and Beliefs of the Wa-Giriama, etc., of British East Africa," Jour. Anth. Inst., 41: 34.
Contents:
Chicago:
"Jour. Anth. Inst.," Jour. Anth. Inst. in Primitive Behavior: An Introduction to the Social Sciences, ed. Thomas, William I. (New York: McGraw-Hill Book Company, Inc., 1937), Original Sources, accessed July 12, 2025, http://www.originalsources.com/Document.aspx?DocID=YEVG15EG5VTV6RG.
MLA:
. "Jour. Anth. Inst." Jour. Anth. Inst., Vol. 35, in Primitive Behavior: An Introduction to the Social Sciences, edited by Thomas, William I., New York, McGraw-Hill Book Company, Inc., 1937, Original Sources. 12 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=YEVG15EG5VTV6RG.
Harvard:
, 'Jour. Anth. Inst.' in Jour. Anth. Inst.. cited in 1937, Primitive Behavior: An Introduction to the Social Sciences, ed. , McGraw-Hill Book Company, Inc., New York. Original Sources, retrieved 12 July 2025, from http://www.originalsources.com/Document.aspx?DocID=YEVG15EG5VTV6RG.
|