Page:American Journal of Sociology Volume 4.djvu/800

 780 THE AMERICAN JOURNAL OF SOCIOLOGY

early period of development: "Theft: restitution and fine. Injuring cattle: death or fine, according to the circumstances. Causing cattle to abort : heavy fine. Arson : fine. False witness : heavy fine. Maiming : fine. Adultery : fine, sometimes death. Rape : fine, sometimes death. Using love philters : death or fine, according to circumstances. Poisoning, and practices with an evil intent (termed 'witchcraft'): death and confiscation.

Murder: death or fine, according to circumstances

Treason, as contriving the death of a chief, conveying informa- tion to the enemy : death and confiscation. Desertion from the tribe: death and confiscation."" Similarly among the Kukis : "Injuring the property of others, or taking it without payment; using violence ; abusing parents; fraudulently injuring another ; giving false evidence; speaking disrespectfully to the aged; marrying an elder brother's wife ; putting your foot on, or walk- mg over, a man's body; speaking profanely of religion — are acts of impiety." °

As the vigorous and aggressive activities of the male have a very conspicuous value for the group when exercised for the benefit of the group, they become particularly harmful when directed against the safety or interests of the group or the members of the group, and we find that civil and criminal law, and contract, and also conventional morality, are closely con- nected with the motility of the male. The establishment of moral standards is mediated through the sense of strain — strain to the personal self, and strain to the social self. Whether a man is injured by an assault upon his life or upon his prop- erty, he suffers violence, and the first resort of the injured individual or group is to similar violence ; but this results in a vicious tit-for-tat reaction whereby the stimulus to violence is reinstated by every fresh act of violence. Within the group this vicious action and reaction is broken up by the intervention of public opinion, either in an informal expression of disap- proval, or through the headmen. The man who continues to

'J. Shooter. The Kafirs oj Natal and the Zulu Country, p. 102. » Major J. Butler, Travels and Adventures in Assam, p. 88 ; quoted in Spen- CKR, Descriptive Sociology, Vol. V, p. 33.