McCurdy_15e_PART 7_IMTB_Final.docx

PART 7

LAW AND POLITICS

The introduction to Part 7 includes a discussion of basic concepts associated with the anthropology of law and politics.

KEY DEFINITIONS

An infralegal dispute is one that is settled outside of a legal system and does not involve violence.

An extralegal dispute is one that occurs outside the law and escalates into violence.

A legal system is a socially approved mechanism or system of how disputes and disagreements are handled by those given the authority to do so.

Law is the cultural knowledge that people use to settle disputes by means of agents who have recognized authority to do so.

Contests require physical or mental combat between disputants in order to settle disputes.

Self-redress is a legal process of dispute settlement where the disputants settle matters themselves.

A go-between is a trusted third party who is given the right to negotiate the resolution of a dispute.

An ordeal is a dispute resolution process that requires a disputant to take a powerful oath or submit to a (usually painful) test.

A moot is an informal community meeting with the right to settle disputes. Conflicts are aired until a settlement is reached.

A court is a formal organization with the right to settle disputes and enforce its decisions.

The political system is the process of making and carrying out public policy according to cultural categories and rules.

Policy refers to guidelines for action.The public refers to the group of people affected by policy.

Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved.98

Support is anything that contributes to the adoption and enforcement of public policy.

Legitimacy is a kind of support based on people’s positive evaluation of public policy or public officials.

Coercion is support derived from a threat or use of force, or the promise of short-term gain.

Authority is the right to make and enforce public policy.

Leadership is the ability to influence others to act.

Contest is a method of resolving disputes involving physical or mental combat.

Patrimonial authority is a form of government that is more or less a direct extension of the noble household, in which officials originate as household servants and remain personal dependents of the ruler.

PART 7 QUESTIONS

True or False?

T 1. Any guidelines that can lead directly to action are called “policy.”

F 2. A leader is a person who obtains power through authority.

T 3. If a dictator makes people adhere to his policies by using force, his actions would fall under the definition of support.

T 4. The process of making and carrying out public policy according to cultural categories and rules is called the political system.

T 5. When the members of a society permit two people to settle a dispute by fighting each other, we call their action self-redress and classify it as part of the legal system.

T 6. The primary means of gaining conformity and order from individual members of a society is through enculturation.

F 7. A feud is a good example of a kind of support called coercion.

F 8. According to anthropologists, all human disputes are dealt with by legal systems, not just ones that go to a formal court.


Multiple Choice

1. The cultural knowledge that people use to settle disputes by means of agents who have recognized authority is calleda. law.b. politics.c. a court.d. self-redress.Correct Answer: a

2. A dispute that is below the level of the legal process and without violence is a. a legal dispute.b. an extralegal dispute.c. an infralegal dispute.d. a feud.Correct Answer: c

3. A feud is an example ofa. coercion.b. a legal dispute.c. an infralegal dispute.d. an extralegal dispute.Correct Answer: d

4. When disputes are settled through a community meeting that provides for an informal airing of the conflict, we term this kind of settlement processa. an ordeal.b. a court.c. a moot.d. a contest.Correct Answer: c

5. The right to make and enforce public policy is calleda. coercion.b. authority.c. legitimacy.d. leadership.Correct Answer: b

6. The people whom a policy will affect are called thea. public.b. faction.c. tribe.d. band.Correct Answer: a


7. Anything that contributes to the adoption of public policy and its enforcement is calleda. authority.b. coercion.c. legitimacy.d. support.Correct Answer: d

8. When people feel that a policy is wrong, but accept it because they value the government that makes the policy, they are giving a kind of support calleda. legitimacy.b. coercion.c. authority.d. leadership.Correct Answer: a

9. Among some Indian cultures, a(n) __________ is described as a supernaturally controlled, painful, or physically dangerous test that is used to settle a dispute.a. mootb. go-betweenc. self-redressd. ordealCorrect Answer: d

10. The process of making and carrying out public policy through the use of culturally defined categories and rules is calleda. the political system.b. legitimacy.c. coercion.d. authority.Correct Answer: a


Article 24

Cross-Cultural Law:The Case of an American Gypsy ANNE SUTHERLAND

Summary This article by Anne Sutherland looks at what happens when members of one culture live under the legal jurisdiction of another. The article describes the case of a young Gypsy man accused of using someone else’s Social Security number, and the role played by an anthropologist in his court defense.

The young Gypsy male used the Social Security number of a five-year-old nephew to apply for a car loan. Gypsies believe that their vitsa (clan) has rights over property such as names and Social Security numbers, and that vitsa members can share in these things. Although he had no intention of stealing the car or defrauding anyone, the man was charged under a law that makes it a felony to use someone else’s Social Security number. The police also concluded that he was part of a car theft ring.

Sutherland became involved in the case as an expert witness for the defense. Her first act was to discover whether the young man was a Gypsy and what his name was. Gypsies take on many “American” names, which they change often. Their identities are more typically associated with their vitsa, or clan, and a larger grouping of clans called a natsia. During the trial she testified that the young man had no intention of defrauding or stealing from anyone. She noted that it was usual for members of vitsas to share American names, Social Security numbers, and other marks of identity. Despite her testimony, however, the defendant was convicted.

Sutherland concludes her article with three points. First, Gypsies, who are a nomadic group, do not stress individual identities, which are so important to settled Americans. For hundreds of years the people and governments of the countries in which they live have persecuted Gypsies. She cites ample evidence that American police also consider them a criminal society. Hiding their identities has been their response to this persecution. Second, Gypsies suffer in jail to an unusual extent because they believe they are polluted there. Gypsies avoid long contact with non-Gypsies and their food because the latter pollute (marime) them. Their own relatives shun them if this happens, and they must go through a period of purification before reintegration into their own society. Third, there is a clash between the Gypsy view of membership in a corporate kin group and the usual American view of individual rights.

ARTICLE 24 QUESTIONS

True or False?

T 1. In “The Case of an American Gypsy,” Anne Sutherland describes a legal case in which a 19-year-old Gypsy man was convicted of using someone else’s Social Security number, despite the fact that he had no intention of defrauding anyone.


T 2. According to Sutherland in “The Case of an American Gypsy,” Gypsies frequently take one another’s Social Security numbers in order to hide their identities.

T 3. In “The Case of an American Gypsy,” Sutherland describes a case in which a young Gypsy man was accused of fraud by police in St. Paul, Minnesota.

F 4. According to Sutherland in “The Case of an American Gypsy,” the largest group to which Gypsies belong is called the vitsa.

T 5. In “The Case of an American Gypsy,” Sutherland argues that Gypsies hide their personal identities as a way to combat persecution by members of the societies in which they live.

F 6. In “The Case of an American Gypsy,” Sutherland notes that the young Gypsy man she helped to defend in court refused to eat jail food, as a protest for not being allowed to call his relatives.

Multiple Choice

1. According to Sutherland in “The Case of an American Gypsy,” a young Gypsy man was indicted by the government fora. hiding his identity from authorities.b. stealing cars.c. using a relative’s Social Security number.d. lying to authorities about his real American name.Correct Answer: c

2. in “The Case of an American Gypsy,” Sutherland notes that the lawyer defending a young Gypsy man of using a relative’s Social Security number argued in court thata. the Gypsy had not intended to commit a crime when he used the number.b. the Gypsy used the number because of a fear of pollution (marime) from non-Gypsies.c. Gypsies did not traditionally use Social Security, so Social Security numbers had no

importance to them.d. many Gypsies are undocumented due to the broken immigration system.Correct Answer: a

3. According to Sutherland in “The Case of an American Gypsy,” Gypsies treat Social Security numbers asa. unimportant, because they do not use Social Security.b. corporate property of their kin group, the vitsa.c. a way to defraud banks so that they can get illegal loans.d. a source of prestige, because they believe higher numbers bring greater success.Correct Answer: b


4. In “The Case of an American Gypsy,” Sutherland reports that for Gypsies, going to jaila. often provides needed time to recover from alcoholism.b. helps them learn English and skills that facilitate getting real jobs in American society.c. is welcomed because they finally get enough to eat there.d. is an especially cruel punishment because it separates them from their kin.Correct Answer: d

5. The case of the Gypsy defendant described by Sutherland in “The Case of an American Gypsy” represents a good illustration of what happens whena. a foreign people takes advantage of a lenient judicial system.b. greedy lawyers misrepresent their non-American clients.c. anthropological testimony is misused in court.d. a normal practice for one group is a crime for another.Correct Answer: d

6. According to Sutherland in “The Case of an American Gypsy,” Gypsies find which of the following things polluting (marime)? a. relatives from other vitsasb. non-Gypsiesc. Social Security benefitsd. driving carsCorrect Answer: b

7. According to Sutherland in “The Case of an American Gypsy,” officials in the American justice system oftena. view Gypsies as a criminal society.b. trump up evidence against Gypsies.c. deny Gypsy defendants their rights while they are in jail.d. get extensive training in Gypsy culture.Correct Answer: a


Article 25

Law and Order JAMES P. SPRADLEY AND DAVID W. McCURDY

Summary In this article, Spradley and McCurdy present law in the context of dispute resolution, using cases drawn from anthropologist Laura Nader’s work in Ralu’a, a Zapotec Indian village located in southern Mexico.

The article deals with several concepts: the structure of legal culture, including substantive law and procedural law, legal levels, legal principles, and cultural values. Substantive law consists of the legal statutes that define right and wrong. This is illustrated by the flirtation of a married man with an unmarried woman, which the Zapotec treat as a crime. Similarly, the case of a son who harvested coffee from his father’s land without permission is also defined as a crime to be dealt with by the community’s legal system.

Legal levels refer to the ways in which disputes are settled by different kinds of authority agents. Among the Zapotec, several levels for settling disputes exist. Disputes can be settled by family elders, witches, local officials, the priest, supernatural beings, or officials in the municipio. If all else fails, the dispute can be taken to the district court in Villa Alta.

Procedural law refers to the agreed-upon ways to settle disputes, which are often unwritten, and therefore implicit in nature. In Ralu’a, for example, it is generally agreed that one should not take family disputes to court, and disputes between villagers (such as an argument over the washing stone) should be taken to court only if they cannot be settled between the disputing individuals beforehand. In this case, the dispute was settled when the presidente (village chairman who also presides over the village court) and other elected village officials formed a work force, improved the washing facilities at the well, and declared that washing stones would no longer be owned by individuals.

Legal systems reflect legal principles and cultural values. Legal principles are based on the fundamental values of a culture; a legal principle is a broad conception of some desirable state of affairs that gives rise to many substantive and procedural rules. Americans put great emphasis on establishing truth, while for the Zapotec, a major legal principle is to “make the balance.” This means to encourage compromise and settlement so that disputes disappear and disputants get along with each other in the future. This in turn is based on the Zapotec cultural value of maintaining social equilibrium. A direct confrontation between individuals where one loses and another wins is unsettling to community members.



True or False?

F. 1 In the article “Law and Order” Spradley and McCurdy argue that a key to maintaining order in the tightly knit Zapotec community of Ralu’a is the strict application of law and punishment by village officials.

F 2. According to Spradley and McCurdy in “Law and Order,” substantive law is codified in writing in literate societies. In non-literate societies, people define what a crime is by using procedural law.

T 3. According to Spradley and McCurdy in “Law and Order,” there is no substantive law that prohibits a man from beating his wife in the Zapotec village of Ralu’a.

T 4. According to Spradley and McCurdy in “Law and Order,” a legal principle for the people who live in Ralu’a is "hacer el balance"—to make the balance.

F 5. According to Spradley and McCurdy in “Law and Order,” a legal principle is defined as an agreed-upon way to settle a dispute.

T 6. According to Spradley and McCurdy in “Law and Order,” in the Zapotec village of Ralu’a, frightening someone so that they come down with susto or magical fright, is a crime.

F 7. According to Spradley and McCurdy in “Law and Order,” the system of legal levels in the Zapotec village of Ralu’a means that disputes can only be settled by the presidente or principales.

Multiple Choice

1. According to Spradley and McCurdy in “Law and Order,” in the Zapotec village of Ralu’a two cases—a flirtation of a married man and a son who took coffee from his father without permission—illustrate a. substantive law. b. procedural law. c. a legal principle. d. infralegal law. Correct Answer: a


2. According to Spradley and McCurdy in “Law and Order,” the agreed upon way to settle disputes is called a. courts. b. legal principles.

c. procedural law. d. substantive law. Correct Answer: c

3. In “Law and Order,” Spradley and McCurdy argue that the legal statutes that define right and wrong area. legal rules. b. substantive law. c. procedural law. d. legal levels. Correct Answer: b

4. According to Spradley and McCurdy in “Law and Order,” the rule in Ralu’a that principales and their families should not use the court to settle family disputes is an example of a. self-redress. b. legal levels. c. legal structure. d. procedural law. Correct Answer: d

5. As reported by Spradley and McCurdy in “Law and Order,” anthropologist Laura Nader feels that in Ralu’a, there is a strong value on_________, which underlies the community’s substantive and procedural law. a. private property b. religious piety c. personal success d. maintaining equilibrium Correct Answer: d

6. According to Spradley and McCurdy in “Law and Order,” toward the end of her stay in Ralu’a, anthropologist Laura Nader “made the balance,” by a. convincing the priest that she was not a protestant. b. working as a mayoral in the court. c. donating a barrel of mescal at a fiesta. d. giving gifts to the presidente and other town officials. Correct Answer: c


Article 26

Navigating Nigerian Bureaucracies ELIZABETH A. EAMES

Summary In this article, Elizabeth A. Eames describes her experiences in Nigeria both from the perspective of an anthropologist and as an individual raised in the U.S. bureaucratic system. She shares the lessons she learned as she tried to decipher the rules of proper behavior, and concludes with a discussion of Max Weber’s concept of patrimonial authority.

Eames’ experiences and frustrations with the Nigerian social system stemmed in part from her “American-ness,” her belief in equal and efficient treatment for all. Much to her surprise, the social system in Nigeria operated on different principles: in Nigeria, rights are negotiable, bribery is a legitimate way of doing business, and power comes from being in a position to grant favors to others.

The author’s introduction to the intricacies of Nigerian society and how much it depends on interpersonal relations began before she ever set foot on Nigerian soil: a personal connection rescued her visa from the maze of paperwork at the New York consulate. At the time she had no idea how important the currency of favors and gratitude was to the social system, but quickly came to understand that these, along with hospitality and strong greeting skills, were the only way to accomplish anything in the patrimonial bureaucracy that operates in Nigeria today. Seemingly simple undertakings, such as getting immigration forms signed, registering as a graduate student, and extending her visa—tasks that were typically routine, impersonal, and efficient in a legally dominated bureaucracy such as in the United States—were time-consuming, confusing, and nowhere near routine. For some of these tasks, the simple act of describing the problem led from one contact to another, and eventually a resolution presented itself. As her network of contacts grew, so did her ability to get things done. Eames also learned the hard way that not allowing acquaintances to assist her had significant consequences; it was seen as a betrayal or a denial of a relationship. Everything in Nigeria, the author came to understand, was personal.

The author describes Max Weber’s ideals of legal and patrimonial domination, and articulates the six principles of patrimonial administration that Weber believed would eventually be replaced by bureaucracy. Eames disputes this claim. Because an individual’s understanding of hierarchy is based on the relationship of infant and caretaker, Eames believes this creates a psychological need for personalized treatment when interacting with authority figures. This tendency causes individuals—even in legal bureaucracies—to hope for personal treatment and resent impersonal, cold interactions.


ARTICLE 26 QUESTIONS True or False?

F 1. According to Elizabeth Eames in “Negotiating Nigerian Bureaucracies,” Nigerian bureaucracies, like those in the west, are organized on the principle Max Weber called legal domination.

T 2. According to Eames in “Negotiating Nigerian Bureaucracies,” patrimonial authority is one that is organized as an extension of a noble household, where officials act as household servants and are dependents of the ruler.

F 3. Some of the most important aspects of a patrimonial authority are the speed and precision with which it operates and the lack of personalized relationships and irrational considerations that it incorporates.

F 4. In Nigerian society, the term begging refers to the act of asking strangers for money or food.

T 5. In slash-and-burn agriculture, small pieces of land are cultivated for a few years until the soil is no longer fertile; then the piece of land is abandoned.

F 6. Dash and Long-Leg are Nigerian terms that refer to types of runners.

T 7. In Nigerian society, a personal relationship is required to begin a business transaction.

Multiple Choice

1. The famous American saying “It’s not what you know, it’s who you know” best describes the primary dynamic of a. the legal bureaucracy of the United States. b. the civil service system of the Han Dynasty in China.c. the patrimonial authority of Nigerian society.d. the constitutional monarchy of the United Kingdom.Correct Answer: c

2. In Nigeria, power and authority derive from a. ownership of landed property.b. the ability to grant favors to loyal dependents.c. a person’s wealth.d. a person’s social class.Correct Answer: b


3. According to Eames in in “Negotiating Nigerian Bureaucracies,” bribery a. terminates a personal relationship.b. can lead to arrest in Nigerian society.c. initiates a personal relationship.d. is very uncommon in Nigerian bureaucracy.Correct Answer: c

4. When Eames was finally able to obtain her visa, it came through due to a. a Nigerian custom called dash.b. intervention by the American consulate.c. intervention by the Nigerian government.d. a Nigerian custom known as Long-Leg.Correct Answer: d

5. Eames’ attempt to become a registered “occasional postgraduate student” while in Nigeria was symbolic of the patrimonial bureaucracy there, becausea. the author was able to visit the required offices and complete the process in under an

hour. b. nothing about registering was routine; everything was personalized and no one could

tell her how to go about registering.c. registering was an impersonal, clearly defined process that was simple to complete. d. it required the intervention of the American government. Correct Answer: b

6. In the Western system of legal domination, an official’s authority is based on a. a given office, not the person who holds that office.b. a combination of tradition and arbitrary decisions by the individual in charge.c. who the officeholder knows in power above him or her.d. how many individuals are indebted to him or her for past favors.Correct Answer: a

7. According to Eames in in “Negotiating Nigerian Bureaucracies,” patrimonial practices similar to those found in Nigerian society do occur in the United States. The use of such practices a. occurs solely in the political arena.b. is considered an illegitimate way to conduct business.c. cannot coexist within a system of bureaucratically organized, legal domination.d. is considered a legitimate way to conduct business.Correct Answer: b


Article 27

Illegal Economies and the Untold Story of the Amputees CAROLYN NORDSTROM

Summary Supporters of the use of land mines argue that they deter soldiers and protect sensitive areas during combat. Statistics show, however, that those most commonly injured by land mines are not soldiers, but instead children, women, and men engaged in nonmilitary activities. These mines leave their victims without limbs, often unable to walk, work, or eke out an existence in a part of the world where wheelchairs are nonexistent and life is incredibly hard, even for a healthy individual.

The women of Muleque, Angola, who were injured by these land mines, at first developed informal economies in order to simply survive. But as Nordstrom points out, they wanted more than to merely exist. They formed their own informal banking systems, popular in Southern Africa, and with just a few pennies, managed to raise money to invest in farmland. Joining an informal bank group, according to Nordstrom, is the first step on the path that women follow out of poverty and into development. There are many steps, and the process is difficult. Women start with nothing; hard labor is the only way to raise the small amount needed to even join an informal bank group.

According to Nordstrom’s research, women are “the invisible center of gravity of society” in Southern Africa. A man’s presence is fluid; a woman is always there. She makes the connections that create family, society, and community networks. Without the women, according to the author, families and societies collapse. With the women at the center, families succeed, and health, education, and trade result. The author notes that is interesting that the women’s efforts and their contributions to development go unnoticed. According to figures from the United Nations, these informal economies contribute $250 billion annually in imports, and this money goes directly into the development of the country. Yet these women continue to be depicted by non-governmental organizations (NGOs) as stereotypical victims barely surviving by selling bananas and charcoal.


True or False?

T 1. In “Illegal Economies and the Untold Story of Amputees,” Carolyn Nordstrom argues that an informal economy—one that is not taxed or monitored by the government—is considered an extralegal network.

F 2. According to Nordstrom in “Illegal Economies and the Untold Story of Amputees,” land mines successfully deter soldiers and protect sensitive sites.


F 3. According to Nordstrom in “Illegal Economies and the Untold Story of Amputees,”individuals in Muleque, Angola, who have been injured by land mines are provided with wheelchairs and prosthetics to make it easier for them to get around.

T 4. In “Illegal Economies and the Untold Story of Amputees,” Nordstrom notes that the women in Muleque continued to clear farmland, plant crops, build shelters, and create barter systems even after being disfigured or disabled by land mines.

T 5. According to Nordstrom in “Illegal Economies and the Untold Story of Amputees,” the Muleque women and other women in southern Africa often create their own self-run, informal banking systems.

F 6. According to Nordstrom in “Illegal Economies and the Untold Story of Amputees,” the Muleque woman had friends in government, as well as in the mining and transport industries, who regularly took their wares on flights or trucks going across the country.

F 7. In Nordstrom’s article “Illegal Economies and the Untold Story of Amputees,” the local coordinator for an NGO working with the amputees felt that taking the goods made by the Muleque women on an official NGO flight was an improper use of the NGO’s equipment.

Multiple Choice

1. In “Illegal Economies and the Untold Story of Amputees,” Nordstrom illustrates that the self-run, informal banking system that the women of Muleque developed wasa. based on stability, trust, and allegiance.b. regulated to ensure that a woman did not receive all of the money and then immediately

leave the group.c. taxed and monitored by the government.d. unsuccessful in providing women with proceeds to invest in farming or other items. Correct Answer: a

2. According to Nordstrom in “Illegal Economies and the Untold Story of Amputees,” the efforts of the amputee women to group together, form banking systems, and move from local subsistence to international profitmakinga. were a haphazard reaction to their circumstances.b. were part of a carefully crafted plan of development.c. brought significantly less money into the country than unauthorized diamond mining.d. were not central to the economy of the country.Correct Answer: b


3. According to Nordstrom in “Illegal Economies and the Untold Story of Amputees,” the United Nations worker equated __________ to the invisible center of gravity of the society.a. womenb. menc. informal economiesd. information banking systemsCorrect Answer: a

4. According to Nordstrom in “Illegal Economies and the Untold Story of Amputees,” the first step in the informal economy formed by marginalized women in Muleque isa. making products to sell at a small marketplace.b. investment in a woman’s informal bank. c. hard labor.d. begging. Correct Answer: c

5. According to Nordstrom in “Illegal Economies and the Untold Story of Amputees,” when a woman receives the entire banking pot in her informal banking group, she often will use the money to a. purchase a boutique and set up a formal business.b. build a decent home to live in.c. buy a car and hire a driver.d. invest in a small piece of farmland to grow and harvest crops to sell.Correct Answer: d

6. In “Illegal Economies and the Untold Story of Amputees,” Nordstrom observes that the earnings, networks, and contributions to development by the amputees and other women in Africa a. do not contribute as much to the economy as the amount earned in unauthorized

diamond mining.b. rival the entire gross domestic products (GDPs) of the countries of this region of the

world.c. pale in comparison to the GDPs of countries in this region of the world.d. do not rise to the level of the $1 billion a year lost from oil profits.Correct Answer: b


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