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8.3: Tribal Integration, Law, and Warfare

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    TRIBAL SYSTEMS OF SOCIAL INTEGRATION

    Tribal societies have much larger populations than bands and thus must have mechanisms for creating and maintaining connections between tribe members. The family ties that unite members of a band are not sufficient to maintain solidarity and cohesion in the larger population of a tribe. Some of the systems that knit tribes together are based on family (kin) relationships, including various kinds of marriage and family lineage systems, but there are also ways to foster tribal solidarity outside of family arrangements through systems that unite members of a tribe by age or gender.

    Integration through Age Grades and Age Sets

    Tribes use various systems to encourage solidarity or feelings of connectedness between people who are not related by family ties. These systems, sometimes known as sodalities, unite people across family groups. In one sense, all societies are divided into age categories. In the U.S. educational system, for instance, children are matched to grades in school according to their age—six-year-olds in first grade and thirteen-year-olds in eighth grade. Other cultures, however, have established complex age-based social structures. Many pastoralists in East Africa, for example, have age grades and age sets. Age sets are named categories to which men of a certain age are assigned at birth. Age grades are groups of men who are close to one another in age and share similar duties or responsibilities. All men cycle through each age grade over the course of their lifetimes. As the age sets advance, the men assume the duties associated with each age grade.

    Definition: sodality

    A system used to encourage solidarity or feelings of connectedness between people who are not related by family ties.

    Definition: age sets

    Named categories to which men of a certain age are assigned at birth.

    Definition: age grades

    Groups of men who are close to one another in age and share similar duties or responsibilities.

    An example of this kind of tribal society is the Tiriki of Kenya. From birth to about fifteen years of age, boys become members of one of seven named age sets. When the last boy is recruited, that age set closes and a new one opens. For example, young and adult males who belonged to the “Juma” age set in 1939 became warriors by 1954. The “Mayima” were already warriors in 1939 and became elder warriors during that period. In precolonial times, men of the warrior age grade defended the herds of the Tiriki and conducted raids on other tribes while the elder warriors acquired cattle and houses and took on wives. There were recurring reports of husbands who were much older than their wives, who had married early in life, often as young as fifteen or sixteen. As solid citizens of the Tiriki, the elder warriors also handled decision-making functions of the tribe as a whole; their legislation affected the entire village while also representing their own kin groups. The other age sets also moved up through age grades in the fifteen-year period. The elder warriors in 1939, “Nyonje,” became the judicial elders by 1954. Their function was to resolve disputes that arose between individuals, families, and kin groups, of which some elders were a part. The “Jiminigayi,” judicial elders in 1939, became ritual elders in 1954, handling supernatural functions that involved the entire Tiriki community. During this period, the open age set was “Kabalach.” Its prior members had all grown old or died by 1939 and new boys joined it between 1939 and 1954. Thus, the Tiriki age sets moved in continuous 105-year cycles. This age grade and age set system encourages bonds between men of similar ages. Their loyalty to their families is tempered by their responsibilities to their fellows of the same age.[20]

    Grades and age sets among the Tiriki.
    Figure \(\PageIndex{1}\): Grades and age sets among the Tiriki. Reprinted with permission of Kendall Hunt Publishing Company.

    Integration through Bachelor Associations and Men’s Houses

    Among most, if not all, tribes of New Guinea, the existence of men’s houses serves to cut across family lineage groups in a village. Perhaps the most fastidious case of male association in New Guinea is the bachelor association of the Mae-Enga, who live in the northern highlands. In their culture, a boy becomes conscious of the distance between males and females before he leaves home at age five to live in the men’s house. Women are regarded as potentially unclean, and strict codes that minimize male-female relations are enforced. Sanggai festivals reinforce this division. During the festival, every youth of age 15 or 16 goes into seclusion in the forest and observes additional restrictions, such as avoiding pigs (which are cared for by women) and avoiding gazing at the ground lest he see female footprints or pig feces.[21] One can see, therefore, that every boy commits his loyalty to the men’s house early in life even though he remains a member of his birth family. Men’s houses are the center of male activities. There, they draw up strategies for warfare, conduct ritual activities involving magic and honoring of ancestral spirits, and plan and rehearse periodic pig feasts.

    Integration through Gifts and Feasting

    Exchanges and the informal obligations associated with them are primary devices by which bands and tribes maintain a degree of order and forestall armed conflict, which was viewed as the “state of nature” for tribal societies by Locke and Hobbes, in the absence of exercises of force by police or an army. Marcel Mauss, nephew and student of eminent French sociologist Emile Durkheim, attempted in 1925 to explain gift-giving and its attendant obligations cross-culturally in his book, The Gift: Forms and Functions of Exchange in Archaic Societies. He started with the assumption that two groups have an imperative to establish a relationship of some kind. There are three options when they meet for the first time. They could pass each other by and never see each other again. They may resort to arms with an uncertain outcome. One could wipe the other out or, more likely, win at great cost of men and property or fight to a draw. The third option is to “come to terms” with each other by establishing a more or less permanent relationship.[22] Exchanging gifts is one way for groups to establish this relationship.

    These gift exchanges are quite different from Western ideas about gifts. In societies that lack a central government, formal law enforcement powers, and collection agents, the gift exchanges are obligatory and have the force of law in the absence of law. Mauss referred to them as “total prestations.” Though no Dun and Bradstreet agents would come to collect, the potential for conflict that could break out at any time reinforced the obligations.[23] According to Mauss, the first obligation is to give; it must be met if a group is to extend social ties to others. The second obligation is to receive; refusal of a gift constitutes rejection of the offer of friendship as well. Conflicts can arise from the perceived insult of a rejected offer. The third obligation is to repay. One who fails to make a gift in return will be seen as in debt—in essence, a beggar. Mauss offered several ethnographic cases that illustrated these obligations. Every gift conferred power to the giver, expressed by the Polynesian terms mana (an intangible supernatural force) and hau (among the Maori, the “spirit of the gift,” which must be returned to its owner).[24] Marriage and its associated obligations also can be viewed as a form of gift-giving as one family “gives” a bride or groom to the other.

    Integration through Marriage

    Most tribal societies’ political organizations involve marriage, which is a logical vehicle for creating alliances between groups. One of the most well-documented types of marriage alliance is bilateral cross-cousin marriage in which a man marries his cross-cousin—one he is related to through two links, his father’s sister and his mother’s brother. These marriages have been documented among the Yanomami, an indigenous group living in Venezuela and Brazil. Yanomami villages are typically populated by two or more extended family groups also known as lineages. Disputes and disagreements are bound to occur, and these tensions can potentially escalate to open conflict or even physical violence. Bilateral cross-cousin marriage provides a means of linking lineage groups together over time through the exchange of brides. Because cross-cousin marriage links people together by both marriage and blood ties (kinship), these unions can reduce tension between the groups or at least provide an incentive for members of rival lineages to work together.

    LAW IN TRIBAL SOCIETIES

    Tribal societies generally lack systems of codified law whereby damages, crimes, remedies, and punishments are specified. Only state-level political systems can determine, usually by writing formal laws, which behaviors are permissible and which are not (discussed later in this chapter). In tribes, there are no systems of law enforcement whereby an agency such as the police, the sheriff, or an army can enforce laws enacted by an appropriate authority. And, as already noted, headman and big men cannot force their will on others.

    Definition: codified law

    Formal legal systems in which damages, crimes, remedies, and punishments are specified.

    In tribal societies, as in all societies, conflicts arise between individuals. Sometimes the issues are equivalent to crimes—taking of property or commitment of violence—that are not considered legitimate in a given society. Other issues are civil disagreements—questions of ownership, damage to property, an accidental death. In tribal societies, the aim is not so much to determine guilt or innocence or to assign criminal or civil responsibility as it is to resolve conflict, which can be accomplished in various ways. The parties might choose to avoid each other. Bands, tribes, and kin groups often move away from each other geographically, which is much easier for them to do than for people living in complex societies.

    One issue in tribal societies, as in all societies, is guilt or innocence. When no one witnesses an offense or an account is deemed unreliable, tribal societies sometimes rely on the supernatural. Oaths, for example, involve calling on a deity to bear witness to the truth of what one says; the oath given in court is a holdover from this practice. An ordeal is used to determine guilt or innocence by submitting the accused to dangerous, painful, or risky tests believed to be controlled by supernatural forces. The poison oracle used by the Azande of the Sudan and the Congo is an ordeal based on their belief that most misfortunes are induced by witchcraft (in this case, witchcraft refers to ill feeling of one person toward another). A chicken is force fed a strychnine concoction known as benge just as the name of the suspect is called out. If the chicken dies, the suspect is deemed guilty and is punished or goes through reconciliation.[30]

    Definition: oaths

    The practice of calling on a deity to bear witness to the truth of what one says.

    Definition: ordeal

    A test used to determine guilt or innocence by submitting the accused to dangerous, painful, or risky tests believed to be controlled by supernatural forces.

    A more commonly exercised option is to find ways to resolve the dispute. In small groups, an unresolved question can quickly escalate to violence and disrupt the group. The first step is often negotiation; the parties attempt to resolve the conflict by direct discussion in hope of arriving at an agreement. Offenders sometimes make a ritual apology, particularly if they are sensitive to community opinion. In Fiji, for example, offenders make ceremonial apologies called i soro, one of the meanings of which is “I surrender.” An intermediary speaks, offers a token gift to the offended party, and asks for forgiveness, and the request is rarely rejected.[31]

    When negotiation or a ritual apology fails, often the next step is to recruit a third party to mediate a settlement as there is no official who has the power to enforce a settlement. A classic example in the anthropological literature is the Leopard Skin Chief among the Nuer, who is identified by a leopard skin wrap around his shoulders. He is not a chief but is a mediator. The position is hereditary, has religious overtones, and is responsible for the social well-being of the tribal segment. He typically is called on for serious matters such as murder. The culprit immediately goes to the residence of the Leopard Skin Chief, who cuts the culprit’s arm until blood flows. If the culprit fears vengeance by the dead man’s family, he remains at the residence, which is considered a sanctuary, and the Leopard Skin Chief then acts as a go-between for the families of the perpetrator and the dead man.

    The Leopard Skin Chief cannot force the parties to settle and cannot enforce any settlement they reach. The source of his influence is the desire for the parties to avoid a feud that could escalate into an ever-widening conflict involving kin descended from different ancestors. He urges the aggrieved family to accept compensation, usually in the form of cattle. When such an agreement is reached, the chief collects the 40 to 50 head of cattle and takes them to the dead man’s home, where he performs various sacrifices of cleansing and atonement.[32]

    This discussion demonstrates the preference most tribal societies have for mediation given the potentially serious consequences of a long-term feud. Even in societies organized as states, mediation is often preferred. In the agrarian town of Talea, Mexico, for example, even serious crimes are mediated in the interest of preserving a degree of local harmony. The national authorities often tolerate local settlements if they maintain the peace.[33]

    WARFARE IN TRIBAL SOCIETIES

    What happens if mediation fails and the Leopard Skin Chief cannot convince the aggrieved clan to accept cattle in place of their loved one? War. In tribal societies, wars vary in cause, intensity, and duration, but they tend to be less deadly than those run by states because of tribes’ relatively small populations and limited technologies.

    Tribes engage in warfare more often than bands, both internally and externally. Among pastoralists, both successful and attempted thefts of cattle frequently spark conflict. Among pre-state societies, pastoralists have a reputation for being the most prone to warfare. However, horticulturalists also engage in warfare, as the film Dead Birds, which describes warfare among the highland Dani of west New Guinea (Irian Jaya), attests. Among anthropologists, there is a “protein debate” regarding causes of warfare. Marvin Harris in a 1974 study of the Yanomami claimed that warfare arose there because of a protein deficiency associated with a scarcity of game, and Kenneth Good supported that thesis in finding that the game a Yanomami villager brought in barely supported the village.[34] He could not link this variable to warfare, however. In rebuttal, Napoleon Chagnon linked warfare among the Yanomami with abduction of women rather than disagreements over hunting territory, and findings from other cultures have tended to agree with Chagnon’s theory.[35]

    Tribal wars vary in duration. Raids are short-term uses of physical force that are organized and planned to achieve a limited objective such as acquisition of cattle (pastoralists) or other forms of wealth and, often, abduction of women, usually from neighboring communities.[36]Feuds are longer in duration and represent a state of recurring hostilities between families, lineages, or other kin groups. In a feud, the responsibility to avenge rests with the entire group, and the murder of any kin member is considered appropriate because the kin group as a whole is considered responsible for the transgression. Among the Dani, for example, vengeance is an obligation; spirits are said to dog the victim’s clan until its members murder someone from the perpetrator’s clan.[37]

    Definition: raids

    Short-term uses of physical force organized and planned to achieve a limited objective.

    Definition: feuds

    Disputes of long duration characterized by a state of recurring hostilities between families, lineages, or other kin groups.


    BIBLIOGRAPHY

    Harris, Marvin. Cows, Pigs, Wars, and Witches. New York: Vintage, 1974.

    Harris, Marvin, and Orna Johnson. Cultural Anthropology. Boston: Allyn and Bacon, 2003.

    Mauss, Marcel. The Gift: The Form and Reason for Exchange in Archaic Societies. London: Routledge, 2001 [1925].


    NOTES

    1. Walter Sangree, “The Bantu Tiriki of Western Kenya,” in Peoples of Africa, James Gibbs, ed. (New York: Holt, Rinehart and Winston, 1965), 71. The reader will notice the discrepancies between Sangree’s description of age grades and sets—15 year for each, totaling a cycle of 105 years—and his chart from which the one shown here is extrapolated to 1994. First, the age grade “small boys,” is 10 years, not 15. Second, the age grade “ritual elders” is 20 years, not 15. Why this discrepancy exists, Sangree does not answer. This discrepancy demonstrates the questions raised when ideal types do not match all the ethnographic information. For example, if the Jiminigayi ranged 15 years in 1939, why did they suddenly expand to a range of 20 years in 1954? By the same token, why did the Sawe age set cover 10 years in 1939 and expand to 15 years in 1954? It is discrepancies such as this that raise questions and drive further research
    2. Mervyn Meggitt, Blood Is Their Argument: Warfare among the Mae-Enga (Palo Alto, CA: Mayfield, 1977) 202–224.
    3. Marcel Mauss, The Gift.
    4. Ibid.
    5. Ibid.
    6. Claude Levi-Strauss’ concept is further described in Robin Fox, Kinship and Marriage (Harmondsworth, UK: Penguin, 1967), 182–187.
    7. Evans-Pritchard, Edward E. The Nuer. Oxford, UK: Oxford University Press, 1940.
    8. Paul Bohannan, Justice and Judgment among the Tiv. Prospect Heights, IL: Waveland Press, 1989. And Murphy, Robert F, and Leonard Kasdan. “The Structure of Parallel Cousin Marriage.” American Anthropologist 61 no. 1 (1959.):17–29.
    9. Marshall Sahlins, “The Segmentary Lineage: An Organization of Predatory Expansion.” American Anthropologist 63 (1961):322–343.
    10. Ibid.
    11. E.E. Evans-Pritchard, Witchcraft, Oracles, and Magic among the Azande (Oxford: Oxford University Press,1976).
    12. Klaus-Friedrich Koch et al., “Ritual Reconciliation and the Obviation of Grievances: A Comparative Study in the Ethnography of Law.” Ethnology 16 (1977):269–270.
    13. E.E. Evans-Pritchard, The Nuer (Oxford, UK: Oxford University Press, 1940), 291.
    14. Laura Nader, Harmony Ideology: Justice and Control in a Zapotec Mountain Village. (Stanford: Stanford University Press, 1991).
    15. Marvin Harris, Cows, Pigs, Wars, and Witches. New York: Vintage, 1974. Good, Kenneth. Into The Heart: One Man’s Pursuit of Love and Knowledge among the Yanomami. Upper Saddle River, NJ: Prentice-Hall, 1997.
    16. Napoleon Chagnon, Yanomamo, 91–97.
    17. Douglas White, “Rethinking Polygyny, Co-wives, Codes, and Cultural Systems,” Current Anthropology 29 no. 4 (1988): 529–533.
    18. Karl Heider, The Dugum Dani: A Papuan Culture in the Highlands of West New Guinea (Chicago: Aldine, 1970).

    Adapted From

    "Political Anthropology: A Cross-cultural Comparison" by Paul McDowell, Santa Barbara City College. In Perspectives: An Open Invitation to Cultural Anthropology, 2nd Edition, Society for Anthropology in Community Colleges, 2020, under CC BY-NC 4.0.


    8.3: Tribal Integration, Law, and Warfare is shared under a CC BY-NC license and was authored, remixed, and/or curated by LibreTexts.