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Bronisław Malinowski Crime and Custom in Savage Society

 

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Crime and Custom in Savage Society Strona tytułowa Spis treści Początek utworu Preface Introduction Part I. Primitive Law and Order I. The Automatic Submission to Custom and the Real Problem II. Melanesian Economics and the Theory of Primitive Communism III. The Binding Force of Economic Obligations IV. Reciprocity and Dual Organization V. Law, Self-interest, and Social Ambition VI. The Rules of Law in religious acts VII. The Law of Marriage VIII. The Principle of Give and Take Pervading Ttribal Life IX. Reciprocity as the Basis of Social Structure X. The Rules of Custom Defined and Classified XI. An Anthropological Definition of Law XII. Specific Legal Arrangements XIII. Conclusion and Forecast Part II. Primitive Crime and Its Punishment I. The Law in Breach and the restoration of Order II. Sorcery and Suicide as Legal Influences III. Systems of Law in Conflict IV. The Factors of Social Cohesion in a Primitive Tribe Przypisy Wesprzyj Wolne Lektury Strona redakcyjna
Crime and Custom in Savage Society
To 
Sir Richard Gregory, D. Sc. 
Editor of „Nature”  
 
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Preface

The modern anthropological explorer, who goes into the field fully trained in theory, charged with problems, interests, and maybe preconceptions, is neither able nor well-advised to keep his observations within the limits of concrete facts and detailed data. He is bound to receive illumination on matters of principle, to solve some of his fundamental difficulties, to settle many moot points as regards general perspective. He is bound, for example, to arrive at some conclusions as to whether the primitive mind differs from our own or is essentially similar; whether the savage lives constantly in a world of supernatural powers and perils, or on the contrary, has his lucid intervals as often as any one of us; whether clan-solidarity is such an overwhelming and universal force, or whether the heathen can be as self-seeking and self-interested as any Christian.

In the writing up of his results the modern anthropologist is naturally tempted to add his wider, somewhat diffused and intangible experiences to his descriptions of definite fact; to present the details of custom, belief, and organization against the background of a general theory of primitive culture. This little book is the outcome of a field worker’s yielding to such temptation. In extenuation of this lapse — if lapse it be — I should like to urge the great need for more theory in anthropological jurisprudence, especially theory born from actual contact with savages. I should also point out that in this work reflections and generalizations stand out clearly from the descriptive paragraphs. Last, not least, I should like to claim that my theory is not made of conjecture or hypothetical reconstruction but is simply an attempt at formulating the problem, at introducing precise concepts and dear definitions into the subject.

The circumstances under which this thesis came into being have also contributed towards its present form. The material was first prepared and the conclusions framed in response to an invitation from the Royal Institution of Great Britain, before which a paper was read (on the Forces of Law and Order in a Primitive Community) on Friday evening, 13th February, 1925. As often happens, I found myself with more material on my hands and many more conclusions framed than could be included in an hour’s address. Some of these I have had the privilege of publishing in „Nature” (see Supplement, 6th February, 1926, and article, 15th August, 1925). The full version is contained in this little book.

I wish to express my thanks to the Council of the Royal Institution for the kind loan of blocks and the permission to reproduce them. To Sir Richard Gregory, the Editor of „Nature”, I am indebted for allowing me to reprint the articles mentioned. I owe him much, moreover, for the help and encouragement I received from him in my earlier work.

In the preparation of this volume I received competent assistance from Mr. Raymond Firth, who is carrying on research work at the London School of Economics in the Department of Ethnology. I was able to secure his help through a grant from the Laura Spelman Rockefeller Memorial. The Board of this institution has of late devoted some special attention to the furtherance of anthropology, as a part of its interest in the development of the social sciences. The study of the rapidly vanishing savage races is one of those duties of civilization — now actively engaged in the destruction of primitive life — which so far has been lamentably neglected. The task is not only of high scientific and cultural importance, but also not devoid of considerable practical value, in that it can help the white

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