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Journal Article

Citation

Fernberger SW. Psychol. Bull. 1927; 24(9): 566-568.

Copyright

(Copyright © 1927, American Psychological Association)

DOI

10.1037/h0066696

PMID

unavailable

Abstract

Reviews the book, Crime and Custom in Savage Society by Bronislaw Malinowski (see record 1927-00140-000). An exceedingly interesting series of observations regarding the natives of the Trobriand Archipelago in northwest Melanesia is developed into a new concept of primitive law and of tribal relations. Until now the anthropologists, sociologists and psychologists have emphasized custom rather than law in primitive societies and, where they have admitted that any law existed, the insistence was that this law was of a criminal nature only. The present author insists that we must come to a new minimum definition of law. The author considers the legal relations of these natives in their economic, religious and marriage relations, etc., in the daily humdrum life and in the unusual situations. Sorcery and voluntary suicide are considered conservative forces and sorcery is seldom abused. Suicide is a means of escape from situations without an issue and has in back of it motives of self-punishment, revenge, rehabilitation and sentimental grievance. In cases of suicide there is always a crime to expiate but there is also a protest against those who have brought this trespass to light. Not only is the material presented in this book exceedingly interesting, but the author presents a new point of view with regard to primitive jurisprudence which, in the opinion of the reviewer, should be extremely fruitful for future research. (PsycINFO Database Record (c) 2016 APA, all rights reserved)

Keywords

Crime; Society; Indigenous Populations; Social Structure; Tribes

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