Strouthes D.P. Law and Politics: A Cross-Cultural Encyclopedia
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SUBSTANTIVE
LAW
Hogbin,
Ian. (1972
[1934])
Law and
Order
in
Polynesia:
A
Study
of
Primitive
Legal
Institutions.
Kaeppler,
Adrienne
L.
(1971)
"Rank
in
Tonga."
Ethnology
10:
174-193.
SUBSTANTIVK
LAW
Substantive
law is the
law
that
sets limits
to be-
havior,
and is the
kind
of
law we
usually think
of as
"law." Substantive
law
deals
with those behaviors that
are
prohibited
for
the
members
of
society. Criminal law, civil
law,
inheritance law, property law, contract law,
family
law, marriage law, etc.,
are all
types
of
substantive
law.
See
also CIVIL
LAW;
COMMON
LAW;
CONTRACT;
FAMILY
LAW;
INHERITANCE; MARRIAGE;
PER-
SONAL
PROPERTY; PROCEDURAL
LAW;
REAL
PROPERTY.
Pospisil, Leopold. (1974
[1971])
Anthropology
of
Law:
A
Comparative
Theory.
255
criminate
killing of people who are not directly
involved
in a
conflict.
We
have seen
in
recent
history
that
terror
is a
commonly used means
to
fight
a
war in
which
one of the
parties
has
rela-
tively
much less power than
the
other. Terrorists
use
terror
to try to
force
their more powerful
opponent into granting
the
political ends that
they desire.
The
Irish Republican Army,
for ex-
ample, until recently used terror
to try to
force
Great Britain
to end its
authority over
North-
ern
Ireland.
The
Palestine Liberation
Organi-
zation until recently used terror
to try to
force
Israel
to end its
authority over Palestinian people
and
the
land they occupy.
The
territorial principle
of
law is the
principle
that legal jurisdiction
is
determined
by the
loca-
tion
of the
offender
at
the
time that
an
offense
is
committed.
If, for
example,
a man
commits
a
murder
in
Washing-
ton
State,
he is
subject
to
Washington
State's
laws
and is
tried
in
Washington State (even
if
he
is
apprehended
in
Florida).
He
will
not be
subject
to the
death penalty, because
Washing-
ton
state
(as of
this writing) does
not use
capital
punishment.
If he
commits
a
murder
in
Florida,
he is
subject
to
Florida laws
and is
tried
in
Florida
even
if he is
apprehended
in
Washington State.
It is
possible
that
he
will
be
subject
to the
death
penalty,
because Florida
(as of
this writing) does
use
capital punishment.
See
also
JURISDICTION; PERSONALITY PRINCIPLE
OF
LAW.
Terror
is
defined
by
Leopold Pospisil
of
Yale
University
as the
indis-
Theft
is
stealing,
that
is,
taking possession
of
pro-
perty owned
by
another
with
the
intent
of
transferring
ownership rights
from
the
owner
to the
thief without consent
of
the
owner. Different peoples handle theft dif-
ferently.
In
some societies, theft
of
many kinds
of
property
is not
considered
a
crime
and is
tol-
erated.
In
other societies, theft
is
considered
a
serious
crime worthy
of the
death penalty (such
as
Britain
at one
point
in
time).
In the
society
of the
Tikopia
of
Polynesia,
owners
who
lose property
to
theft rely primarily
on
self-redress
and the
morals
of the
thief.
A
man
who
discovers that
he has
been burglarized
will usually begin
by
repeatedly shouting loudly
"lefu"
which
has the
effect
of
bringing people
from
all
around
the
area.
The
people then
ask
the
reason
for the
call and, when they learn
it,
give
sympathy
to the
victim
and
make guesses
about
the
identity
of the
thief.
If the
owner
can find out who
stole
from
him,
he
usually will
go
directly
to the
suspect
and
ask him
about
the
theft.
If the
thief admits
the
theft,
he or she
will return
the
stolen prop-
erty
or the
owner will take some other property
from
him or her as
compensation.
257
TERRITORIAL
PRINCIPLE
OL
LAW
THLIT
TLRROR
t
THEFT
Yale
University's
Leopold
Pospisil
defines
terror
as
indiscriminate killing
of
people
not
directly
involved
in a
conflict.
A
young
woman,
a
victim
of
such
terrorism,
is
carried
from
the
scene
of
a
1986
car
bombing
in
which
thirty
people
were killed
or
wounded
in
Beirut,
Lebanon.
However, most thieves
will
lie
about
the
theft,
so the
owner must resort
to
other tactics.
One of
these
is for the
owner
to try to
shame
the
thief
into
admitting
guilt.
The
owner does
this
by
composing
a
song calling attention
to
his
loss
and has it
sung
as a
dance song,
in
which
the
members
of the
community, including
the
thief,
dance
to the
song.
The
Tikopia
believe
that
hearing
the
song will make
the
thief
feel
shame,
and
that
dancing
to it
will increase
the
shame.
The
Tikopia
save
as a
last resort their most
effective
remedy
for
theft, which
is the use of
sorcery
against
the
thief. Using sorcery against
a
thief
is
called
tautuku,
and is
designed
to
cause
the
thief
to
become
ill or
even
to
die.
The
tautuku,
being
the
product
of the
power
of the
spirit world,
is
actually administered
by
special-
ists,
chiefs,
elders,
and
spirit mediums
who act
as
intermediaries with
the
spirit world.
Those
who
resort
to
tautuku
keep their activities
se-
cret.
One
reason
for
this
is
that
if the
thief knows
that
he is the
target
of
sorcery,
he can
find
su-
pernatural remedies
to
protect himself.
But
just
as
important,
the
practice
of
tautuku
is in
itself
a
morally negative act,
and to
engage
in it is
con-
sidered bad.
Another
way in
which Tikopians
use
super-
natural powers
to
counter theft
is to use the
power
of
taboo
to
guard their crops.
To put a
taboo
on one
s
crops
is to put
supernatural guard-
ians
there,
who
will make anyone
who
steals
from
the
protected garden ill.
In
fact,
most people
who
steal
from
gardens
do so
from
gardens that
are not
protected
by
taboo.
On the
other hand, there
are
those people
who do not
believe
in the
power
of
taboo
and
steal
from
protected gardens
anyway.
258
THEOCRACY
For
Tikopian
men of
high rank, theft pre-
sents
a
somewhat
different
set of
circumstances.
First,
they
had at
their disposal
the
ability
to
quickly employ
tautuku
themselves,
and so
were
perhaps less
of a
target
for
thieves.
On the
other
hand,
the
threat
of
tautuku never stops
all
theft
in
any
case.
Men of
high
rank were generally
people
of
high morals,
but
when
one
such
man
decided
to be a
thief,
he
could steal virtually
with
impunity.
This
is
because
one
whose property
is
stolen
by a
high-ranking
man
could
not
accuse
him,
and
this
is
true even
for
other people
of
high rank. Nobody
has a
right
to
insult
a
high-
ranking person
by
making accusations
of
theft,
and
the
high-ranking person
has the
right
to
beat
anyone
who
does make such
an
accusation.
In
short,
the
Tikopians
do not
possess
any
good
means
of
preventing theft.
Theft
was a
wrong among
the
traditional
Cheyenne,
but
punishment
of
this wrong con-
flicted
with
the
Cheyenne ideal
of
generosity.
It
often
happened that someone
who had
stolen
an
article
was
confronted
by the
owner
and
told
that
if the
thief
had
simply asked
for the
article,
it
would have been
freely
given.
The
idea
be-
hind this process
was to
shame
the
thief into
refraining
from
theft,
not to
retrieve
the
stolen
article, since
it was
considered unseemly
to be
too
concerned about
a
loss
of a
personal item.
Firth,
Raymond. (1975
[1965])
Primitive
Poly-
nesian
Economy.
Llewellyn, Karl
N., and E.
Adamson
Hoebel.
(1961
[1941])
The
Cheyenne
Way.
Theocracy
refers
to a
political system
in
which
the
political power
of a
society rests
in the
hands
of
priests (the term
priest
refers
to all
religious practitioners,
not
sim-
ply
Roman Catholic ones), people
who are
pro-
fessional
religious functionaries
as
well
as the
intermediaries between ordinary people
and a
god or
gods.
The
term
theocracy
is
derived
from
the
Greek words
theos
(god)
and
kratos
(rule).
Examples
of
modern theocracies
are
Vatican
City, traditional
Tibet
(though presently
the
tra-
ditional government
is in
exile
from
Tibet),
and
several
local
areas
in
which priests hold
the ma-
jority
of
political power.
An
example
of the
lat-
ter is the
island
of
Newfoundland
in
Canada
(which, along with Labrador, constitutes
one of
the
nation's
ten
provinces).
There,
Catholic
priests, though
not
controlling
the
legislature
directly,
do
influence
people's
votes
to the de-
gree that they
effectively
control
a
great deal
of
political power.
For
example,
the
theory
of hu-
man
evolution cannot
be
taught
in the
grade
schools
of
Newfoundland because
of
opposition
to
such teachings
by the
priests there.
Another example
is the
British monarch,
who is, as the
head
of the
Church
of
England,
a
theocratic ruler.
An
interesting case
of a
theocratic govern-
ment concerns
that
of the
Micmac Indians
of
Cape Breton Island, Nova Scotia.
The
Micmac
converted
to
Roman Catholicism
in the
seven-
teenth century.
When
the
British drove
the
French
out of
Canada
in the
eighteenth century,
most
of the
Roman Catholic priests
in
eastern
Canada also
left.
Those
who
remained could
do
very
little
for the
Micmac, outside
of
saying
the
last rites
and
conducting
funeral
and
wedding
masses
once
a
year.
This
left
the
work
of
giving
sermons,
saying prayers,
and
leading
the
sing-
ing of
hymns largely undone.
On
Cape Breton,
the
Micmac headmen, members
of the
Sante:
Mawiomi
(Grand Council) took
up
these
func-
tions
in
their respective bands.
They
used their
sermons
as a
tool
of
leadership, referring
ob-
liquely
to
various people
and
their improper acts
in
the
sermons
in
order
to
coordinate public
os-
tracism
of
them. Being able
to say
prayers
and
259
Til
KOC
RACY
TOTALITARIAN DICTATORSHIP
sing hymns
in the
Micmac language
was a
prime
requirement
to
become
a
headman
and
member
of
the
Grand Council; therefore,
it was
neces-
sary
to be
literate
in
order
to
read prayer
and
hymn books printed
in
Micmac. Also,
as
priests
(though
not
recognized
as
such
by the
Roman
Catholic
Church),
the
members
of the
Grand
Council
had an
additional claim
to
legitimate
authority
as
intermediaries between
the
people
and
God.
Strouthes,
Daniel
P.
(1994)
Change
in the
Real
Property
Law
of
a
Cape
Breton
Island
Micmac
Band.
See
AUTOCRACY.
A
treaty
is an
agreement
made between
two
inde-
pendent political groups
(nowadays,
usually state societies).
There
are
sev-
eral
kinds
of
treaties,
but
most treaties
differ
largely
in the
degree
to
which their provisions
are
enforced
by the
authorities that sign them.
Most
international
law is
based upon treaty
agreements.
In the
affairs
of
modern nation-states, trea-
ties made
by
leaders
or
their representatives have
no
force
of law
with respect
to the
people
in the
signatory countries unless
the
provisions
of the
treaty
are
also approved
by the
legislatures
and
the
courts.
This
protects
the
people
from
the
effects
of
leaders
who may not
have
the
best
wishes
of the
people
in
mind.
For
example,
if
the
president
of the
United
States became men-
tally deranged
and
made
a
treaty with
the
presi-
dent
of
Russia that stated that
the
United States
would give Russia
all the
gold
in
Fort Knox,
it is
highly unlikely that
the
U.S. Congress would
approve such
a
treaty,
and
thus
it
would never
have
the
force
of
law.
Of
course, even
if the
leg-
islature approves
a
treaty,
it has no
effect
unless
the
legislation
is
enforced
by the
courts. Courts
in
the
former
Soviet Union,
for
example,
did not
prevent
the
Soviet military
from
flagrantly
break-
ing the
Strategic Arms Limitation Treaties
that
the
former Soviet Union
had
made
with
the
United States. Similarly, Canadian courts have
damaged
Canada's
observance
of the
Migratory
Birds
Act
Treaty with
the
United States
by al-
lowing Canadian Indians
to
kill migratory birds
outside
of the
hunting season
as
defined
by the
treaty
and
enacted
by
legislation.
One
instance
of how the
absence
of
legisla-
tion
affects
treaty rights concerns
the Jay
Treaty
of
1794, which
was
signed
by the
United States
and
Great Britain.
The
terms
of the
treaty
al-
lowed
the
citizens
of the
United States
and
Great
Britain,
as
well
as the
Indians living here
and in
Canada (which
was
part
of
Great Britain
at the
time),
to
cross
the
boundaries between
the two
countries
freely
and
without
the
payment
of
duties
on
personal belongings. Great Britain
never
passed legislation
to
grant
the
rights con-
tained
in the
treaty,
and
therefore Indians
in
Canada
do not
have
the
right
to
bring goods
from
the
United States into Canada
free
of
duty
payments.
In
other societies, such
as
band
and
tribal
societies,
the
ability
of
leaders
to
make success-
ful
treaties
is
limited
by
their authority over their
own
people.
In the
1940s,
the
Canadian gov-
ernment tried
an
experiment
in
which Indians
living
in
Nova Scotia
in
small bands over
a
large
area
were
to be
concentrated
in
just
two
com-
munities, where they would
be
more easily
ad-
ministered;
this
plan
was
known
as the
Centralization Program.
The
Grand Chief
of the
260
TOTALITARIAN
DICTATORSHIP
TRKATY
TREATY
Grand Council
was the
leader/authority
of the
Cape Breton Island, Nova Scotia, Micmac
people.
He
concluded
a
treaty with
the
Cana-
dian government
in
which
he
agreed
to
lead
the
other Micmac
of
Cape Breton
to the
area cho-
sen
as the
target point
of the
Centralization Pro-
gram
on
Cape Breton,
the
Eskasoni reserve.
In
return,
the
Micmac people there were
to
receive
employment,
new
houses, agricultural imple-
ments,
a
priest, electricity, telephone service,
and
a
new
school.
The
Grand Chief,
who was to re-
ceive
a
good
farm
for
himself
as
part
of the
treaty,
saw
in the
treaty
a
chance
for the
Micmac
of
Cape Breton
to
advance themselves materially.
However,
the
vast
majority
of the
Cape Breton
Micmac
did not
want
to
live
in one
place
to-
gether
and
refused
to
move
to
Eskasoni.
They
opposed
the
Grand Chief
so
vigorously that
he
was
forced
to
resign.
The
Grand Chief
was
even-
tually allowed
to
resume
his
position
as
Grand
Chief,
but
under
the
condition
that
he
would
no
longer engage
in
political relations
of any
kind
with foreign powers.
The
problems Indian leaders have
faced
in
ensuring that their followers abide
by the
provi-
sions
of a
treaty have been common
in
treaties
between Indians
and
whites.
In
fact,
it was
fairly
rare
that
an
Indian leader could
do so.
When
Indian groups sold lands
to the
white people,
not
all of the
people
in the
group usually agreed
with
the
sale
and
refused
to
recognize
it.
This
led
to the old
epithet
"Indian
Giver"
to
refer
to
someone
who had
agreed
to
give something
and
then wanted
it
back. Today, Indian treaties con-
stitute
a
special kind
of
treaty,
in
which
prefer-
ence
for
Indian interests
is
superior.
The
Canadian courts have called Indian treaties
sui
generis
(of
their
own
kind,
or
unique),
and
have
given
them legal
force
when they
benefit
Indi-
ans,
even
if the
Indians involved
had
themselves
broken
the
treaties decades ago.
The
situation
is
much
the
same
in the
United States.
In
addition
to
ordinary treaties
and
Indian
treaties,
there
is a
third kind
of
treaty, made
to-
day
by the
executive branches
of
national gov-
ernments.
This
is
known
as the
executive agree-
ment.
With
respect
to the
United States,
executive agreements
do not
require approval
by
the
Senate. Typically, their provisions
are
very
narrow
in
scope
and
fall
within
the
limits
set
by
legislation,
or
else
the
Senate
may
vote per-
mission
for an
executive agreement
of a
particu-
lar
type
to be
made
at a
later date.
Trade
agreements between nations
are
usually execu-
tive agreements.
The
following
is an
actual treaty that
was
made
by the
King
of
Great Britain
and the
Presi-
dent
of the
Chinese Republic
in
1928 over
a
matter
of
trade
(Treaty
between
His
Majesty
and
the
President
of
the
Chinese
Republic,
1929).
Treaty
between
his
Majesty
and
the
President
of
the
Chinese
Republic
relating
to
the
Chinese
Customs
Tariff,
&c.,with
Annexes
thereto.
Nanking,
December
20>
1928
[Ratifications
exchanged
at
London,
March
14,
1929.]
His
Majesty
the
King
of
Great
Britain,
Ireland
and the
British
Dominions
beyond
the
Seas,
Emperor
of
India,
and
His
Excellency
the
President
of the Na-
tional
Government
of the
Republic
of
China,
Desiring
to
strengthen
the
good
relations
which
happily exist
between
them
to
facili-
tate
and
extend
trade
and
commerce between
their
respective countries,
Have
resolved
to
conclude
a
treaty
for
this
purpose
and
have
appointed
as
their
plenipotentiaries:
His
Majesty
the
King
of
Great
Britain,
Ireland
and the
British
Dominions
beyond
the
Seas,
Emperor
of
India:
For
Great
Britain
and
Northern
Ireland,
Sir
Miles
Wedderburn
Lampson,
K.C.M.G.,
C.B.,
M.V.O.,
His
Majesty's
Envoy
Ex-
traordinary
and
Minister
Plenipoten-
tiary
to the
Republic
of
China;
261
TREATY
U.S.
President
Jimmy
Carter,
left,
and
Soviet
leader
Leonid
Brezhnev
exchange
documents
after
signing
the
second
Strategic
Arms Limitation
Treaty
(SALTII)
in
Vienna
in
1979.
A
treaty's
terms
are
usually
negotiated
by
representatives
of
the
involved
nations
until
there
is
mutual
agreement,
and
then,
in the
case
of
democratic
societies,
the
treaty
is
presented
to the
national
legislative
body
for
approval.
His
Excellency
the
President
of the Na-
tional Government
of the
Republic
of
China;
His
Excellency
Dr.
Chengting
T.
Wang,
Minister
for
Foreign
Affairs
of the Na-
tional Government
of the
Republic
of
China;
who, having communicated their
full
powers,
found
in
good
and due
form,
have agreed
as
follows:—
Article
1.
It is
agreed that
all
provisions
of the ex-
isting treaties between
the
High
Contracting
Parties
which
limit
in any way the
right
of
China
to
settle
her
national customs
tariff
in
such
way as she may
think
fit
are
hereby abro-
gated,
and
that
the
principle
of
complete
na-
tional
tariff
autonomy shall apply.
Article
2.
The
nationals
of
either
of the
High
Con-
tracting Parties shall
not be
compelled under
any
pretext whatsoever
to pay in
China
and
the
territories
of His
Britannic Majesty
to
which
the
present treaty applies respectively
any
duties, internal charges
or
taxes upon
goods
imported
or
exported
by
them other
than
or
higher than those paid
on
goods
of
the
same origin
by
Chinese
and
British
na-
tionals respectively,
or by
nationals
of
any
other
foreign
country.
262
TRIBE
AND
TRIBALISM
Article
3.
His
Britannic Majesty agrees
to the ab-
rogation
of all
provisions
of the
existing trea-
ties between
the
High
Contracting Parties
which limit
the
right
of
China
to
impose ton-
nage dues
at
such rates
as she may
think fit.
In
regard
to
tonnage dues
and all
matters
connected therewith, British ships
in
China
and
Chinese ships
in
those territories
of His
Britannic Majesty
to
which
the
present treaty
applies, shall receive treatment
not
less
favourable
than that accorded
to the
ships
of
any
other foreign country.
Article
4.
The
present treaty shall
be
ratified
and
the
ratifications shall
be
exchanged
in
Lon-
don as
soon
as
possible.
It
shall come into
force
on
the
date
on
which
the two
Parties shall have
notified
each other that ratification
has
been
effected.
The
English
and
Chinese texts
of the
present treaty have been
carefully
compared
and
verified;
but in the
event
of
there being
a
difference
of
meaning between
the two the
sense
as
expressed
in the
English
text
shall
be
held
to
prevail.
In
witness whereof,
the
respective pleni-
potentiaries have signed
the
present treaty
in
duplicate,
and
have
affixed
thereunto their
seals.
Done
at
Nanking,
the
twentieth
day of
December, nineteen hundred
and
twenty-
eight, corresponding
to the
twentieth
day of
the
twelfth month
of the
seventeenth year
of
the
Republic
of
China.
[Seal]
MILES
W.
LAMPSON.
[Seal]
CHENGTING
T
WANG.
Cohen,
Fay G.
(1986)
Treaties
on
Trial.
Morse, Bradford
W.,
ed.
(1985) Aboriginal
Peoples
and the
Law.
Strouthes,
Daniel
P.
(1994)
Change
in
the
Real
Prop-
erty
Law
of
a
Cape
Breton
Island
Micmac
Band.
Treaty
between
His
Majesty
and the
President
of
the
Chinese
Republic
together
with
other
Docu-
ments
relating
to the
Chinese
Customs
Tariff,
£&.,
Nanking,
December
20,1928.
(1929).
Trespass,
as it is
applied
by
the
U.S.
legal system,
refers
to
entering onto
and
remaining upon land owned
by
another
without
the
owner's
permission
and
against
his
wishes.
This
definition
of
trespass does
not
apply
in
all
societies.
In
fact,
the
entire idea
of
trespass
does
not
exist
in all
societies.
For the
Naskapi
Indians
of
Labrador,
the
concept
has no
mean-
ing.
The
only separately owned parcels
of
land
are
hunting territories.
One
cannot trespass
on
these territories because anyone
may
cross
another's
hunting territory and, along
the
way,
may
kill
any
animal
he or she
comes
across
for
food.
The
only thing that
a
person traveling upon
the
hunting territory
of
another
may not do is
to
kill
fur-bearing
animals
to
collect
the
furs
for
sale.
Fur-bearing animals
maybe
killed
for
their
meat,
but the
skins always belong
to the
owner
of
the
hunting territory.
Barton,
Roy F.
(1969
[1919])
Ifugao
Law.
Lips,
Julius
E.
(1947) "Naskapi Law."
Transac-
tions
of the
American
Philosophical
Society
37(4):
378-492.
A
tribe
is a
collection
of
small,
nonstate societies
sharing
the
same lan-
guage
and
overall culture
263
TRESPASS
TRIBI;
AND
TRIBALISM
TRIBE
AND
TRIBALISM
who
join together periodically
or in
times
of
trouble
to
form
one
politically united group.
Tribal societies, prior
to
dramatic cultural change
resulting
from
contact with industrialized soci-
eties, numbered several thousand. Anthropolo-
gists have attempted
to
categorize
all
societies
of
the
world
(or at
least
all
known, well-described
societies,
about 1,500
in
all) using
a
band-tribe-
chiedom-state typology. However,
in
reference
to
societies today,
the
typology
is
difficult
to
apply
because most cultures have changed mark-
edly
in the
last
fifty
years.
This
typology
of
band-
tribe-chiefdom-state also suggests
an
evolutionary progression throughout human his-
tory,
for as one
moves along
the
scale, each type
of
society
is
larger
and
more complex
and
exerts
more
control over
its
natural
and
social environ-
ment than
the
previous type.
The
term
tribe
is
used
in
three other ways.
First,
it is
used
in
efforts
to
produce
a
typology
of
cultural types.
Tribe
is
used
in
this
sense
to
refer
to all
so-called "primitive" cultures
of the
world
in
contrast
to all
"civilized"
ones.
When
used objectively, technologically primitive
(small-scale, preliterate
or
nonliterate,
and
non-
industrialized) cultures
are
ones
that
are at the
low
end of the
scale
of
social, political, techno-
logical,
and
economic complexity, while civilized
cultures
are at the
high end.
For
example, among
the
cultures
of the
indigenous
New
World,
most
of
the
hundreds
of
Native American cultures,
at
the
time
of first
contact
with
Europeans, would
be
considered tribal
or
primitive, while
the
Inca,
Aztec,
and
Maya would
be
considered civilized.
When
used objectively
in
this way, such
use of
the
concept
of
tribe
is
legitimate, although per-
haps
not
very enlightening. However,
the use of
tribe
or
tribal
as an
equivalent
for
primitive
and
in
opposition
to
civilized
often
opens
the
door
for
ethnocentric, simplistic,
and
sometimes rac-
ist
interpretations.
This
view also
has
nothing
to do
with
the
concept
of
tribe
as it has
been
traditionally used
by
social scientists.
A
second, additional
use for the
term
tribe
is
as a
concept
to
distinguish societies.
In
this
usage,
we
refer
to the
Badaga tribe,
the
Kota
tribe,
the
Kurumba tribe,
and the
Toda tribe,
four
neighboring groups
of the
Nilgiri
Hills
of
south India.
The use of the
word
tribe
indicates
that each
is a
separate social entity, distinct
from
the
other social entities.
Thus,
tribe
is in
some
sense
an
equivalent concept
to
ethnic group,
with
tribe used more commonly
for
small, non-
Western societies
and
ethnic groups than
for the
present-day descendants
of
immigrants
to new
lands. Various attempts have been made
to de-
fine
the
basic
features
of a
tribe
as it is
used
in
this way, focusing
on
factors
such
as
common
territory, name, language, sense
of
common
identity,
religion, technology,
and
others.
In
gen-
eral,
however, when tribe
has
been used
in
this
way a
group
is
usually identified
as a
distinct
group because
it
speaks
a
language
different
than
its
neighbors, occupies
a
defined territory,
and
has
a
distinct name (although
the
name
may be
given
by
outsiders rather than
by the
group
to
itself).
The
third
additional usage
of the
term
tribe
involves
specific
legal
and
political arrangements
that
accrue
to
groups
and the
members
of
those
groups
in
various nations.
In the
United States,
the
designation
of
over
300
Native American
groups
as
tribes
(or
some related term such
as
communities, towns, nations, bands, reserva-
tions,
rancherias, colonies,
or
pueblos) defines
the
legal
and
political relationships between
the
group
and
federal
and
state governments. Simi-
larly,
the
designation
of a
group
in
India
as a
Scheduled Tribe indicates
that
the
government
considers
it to be
disadvantaged
and
that
its
members
are
eligble
for
special
benefits
not
avail-
able
to
others.
Thus,
the
label
tribe
takes
on a
clearly
defined
legal meaning
that
may
have
major
political
and
economic consequences
for
the
tribe,
its
members,
and
other members
of
the
nation.
264
TRIBUTE
Tribalism
is
sympathy
for and
political advocacy
of
tribal interests, including
the
interests
of
fel-
low
tribespeople.
Tribalism
became
a
particu-
larly important issue
in
areas
in
which colonial
powers have
or had
dominance, such
as
Africa.
Max
Gluckman
observed
that,
in
Africa
at
least,
tribalism manifests itself
in two
very
different
and
distinct ways.
The
first
way
concerns
benefits
that
an in-
dividual derives
from
membership
in his or her
tribe within
the
tribe's
own
territory.
It is the
tribe,
for
example,
that
grants
a
person land
on
which
to
grow crops.
So
long
as the
tribe exists
and has
sufficient
power,
the
individual
has a
guarantee
that
he
will have land
to
use. Therefore,
in
rural areas,
it is
important
for an
individual
to
support
his
tribe. Moreover,
it is the
tribe that gives
the
individual
his or her
identity
and
determines
the
customs, rules,
and
laws
that
influence
his
or
her
behavior when
he or she is at
home.
In
urban areas, tribalism works
first of all to
help
a
person categorize
the
people whom
he or
she
meets.
But
most importantly, tribalism comes
into play
in
political struggles.
If
there
are
elec-
tions,
a
tribalist
will seek
to
elect someone
of his
own
tribe, regardless
of
other issues
that
may
also
be
important. Generally speaking, however,
in an
urban environment, workers
frequently
act
in
ways that
are of
direct benefit
to
themselves,
rather than
out of
purely tribalist motives.
Winthrop,
Robert
H.
(1991)
Dictionary
of
Con-
cepts
in
Cultural
Anthropology.
Ghurye,
G. S.
(1963)
The
Scheduled Tribes.
3ded.
Gluckman, Max.
(1960)
"Tribalism
in
Modern
British
Central
Africa."
Cahiers
d'etudes
africaines
1:
55-70.
Native American
Directory.
(1982)
Sahlins,
Marshall.
(1968)
Tribesman.
Service,
Elman
R.
(1962) Primitive
Social
Orga-
nization:
An
Evolutionary
Perspective.
2d ed.
TRIBUTE
Tribute
refers
to
money,
goods,
or
services
re-
quired
of the
people
of a
society
by the
society's
political leaders.
In
some
societies,
tributary payments
are
largely redis-
tributed among
the
members
of the
society, while
in
others, tribute
is
used largely
to
provide
for
the
livelihood
of the
elite.
In our
society,
we pay
tribute
in the
form
of
taxes.
In
other
societies,
tribute
is or was
paid
in the
form
of
goods such
as
agricultural produce.
Another important
form
of
tribute
is
known
as
corvee,
or
labor required
by the
political lead-
ers
from
the
people.
The
Inca
Indians
of
Peru
used
corvee. Households were required
to
pro-
vide
men to
work without
pay on a
parcel
of
land
set
aside
for
religious leaders
and on
another
parcel
set
aside
for
civic leaders. Food, primarily
maize,
was
grown
on
these lands
for the
support
of
the
leaders, namely
the
bureaucrats, priests,
and
royalty.
This
food
also supported
the
dis-
abled,
who
could
not
farm
themselves,
as
well
as
the
military.
The
state provided
for
corvee
workers
all the
tools
and
seed required
for the
planting,
and
also gave
the
workers
food
and
beer
when they worked.
The
people
who
worked
for
the
state were required only
to
labor,
and
bore
no
responsibility
for the
crops
or
their quality.
Nevertheless,
the
amount
of
work required
was
such
that
huge surpluses
of
food were stored
in
immense warehouses.
Inca
men
were
not
required
to
supply labor
until they
had
married
and had
land
of
their own.
But
once children became
old
enough
to do so,
they helped their
fathers
with
the
corvee duties
of
his
household.
The
kuraka,
or
local district
political
leader,
if he had a
large number
of
265