Crime and Custom in Savage Society

Description

Crime and Custom in Savage Society represents Bronislaw Malinowski's major discussion of the relationship between law and society. Throughout his career he constructed a coherent science of anthropology, one modeled on the highest standards of practice and theory. Methodology steps forward as a core element of the refashioned anthropology, one that stipulates the manner in which anthropological data should be acquired. Malinowski's choice of law was not inevitable, but neither was it unmotivated. Anyone interested in understanding the social structure and organization of societies cannot avoid dealing with the concept of "law," even if it is to deny its presence. Law and anthropology have shown a natural affinity for one another, sharing a beneficial history of using the methods and viewpoints of one to inform and advance the other. The best lesson Malinowski provides us with comes in the last paragraphs of Crime and Custom in Savage Society: "The true problem is not to study how human life submits to rules; the real problem is how the rules become adapted to life." On that question, he has left us richly inspired to continue the quest. Cover Half Title Title Page Copyright Page Dedication Contents Preface Introduction to the Transaction Edition Introduction PART I. Primitive Law and Order 1 The Automatic Submission to Custom and the Real Problem 2 Melanesian Economics and the Theory of Primitive Communism 3 The Binding Force of Economic Obligations 4 Reciprocity and Dual Organization 5 Law, Self-interest, and Social Ambition 6 The Rules of Law in Religious Acts 7 The Law of Marriage 8 The Principle of Give-and-take Pervading Tribal Life 9 Reciprocity as the Basis of Social Structure 10 The Rules of Custom Defined and Classified 11 An Anthropological Definition of Law 12 Specific Legal Arrangements 13 Conclusion and Forecast PART II. Primitive Crime and its Punishment 1 The Law in Breach and the Restoration of Order 2 Sorcery and Suicide as Legal Influences 3 Systems of Law in Conflict 4 The Factors of Social Cohesion in a Primitive Tribe Index