CHAPTER XIX 



POLITICAL ORGANIZATION: GENERAL PRINCIPLES OF THE AD- 

 MINISTRATION OF JUSTICE; CUSTOMARY, PROPRIETARY, 

 AND LIABILITY LAWS 



GENERAL CONSIDERATIONS 



Bisayas and other people who have had more or less familiar dealings with Manobos almost 

 invariably make the statement that Manobo justice is the oppression of the weak by the strong; 

 that there is no customary law that governs in social dealings except that one which is founded 

 on the caprice and villainy of the warrior chiefs and of those who have most influence and fol- 

 lowing. Now I utterly repudiate such statements and rumors as being due either to lack of 

 familiarity; to a too ready tendency to believe malicious reports; or to undisguised ill will 

 toward, and contempt of, Manobos. I have lived on familiar terms with these primitive people 

 for a considerable period and have found no evidence of oppression and tyranny. Disputes and 

 misunderstandings arise at tirnes, people sometimes fly into a rage, killings take place on occa- 

 sions, but such things happen among other peoples. It is truly surprising, considering the lack of 

 tribal and interclan cohesion in Man6boland, that such occurrences are not more frequeut or even 

 continual. The statement that the warriors and other influential men rule by caprice and oppres- 

 sion is unfounded. There is no coercion in Manoboland, except such as arises from the influence 

 of relatives, and from gentle persuasion and general consent. A warrior chief, or any other man 

 who would try to use a despotic hand or even to be insolent, exacting, or unrelenting in his 

 manner, woidd not only lose his friends and his influence, but would arouse hostility and place 

 himself and his relatives in jeopardy. 



It must be understood from the outset that in Man6boland there is no constituted judicial 

 authority nor any definite system of laws. There are no courts, and no punishments such as 

 imprisonment, torturing, and whipping. All social dealings by which one contracts an obligation 

 to another are regulated by the principle that one and all must act according to established cus- 

 tom. This principle governs the procedure even of chiefs and influential men when they endeavor 

 to bring about a settlement through the weight of their influence. 



Voluntary and involuntary departures from the beaten track cause disputes when these 

 deviations affect another's rights. Thus to refuse one the hospitality of the house, or to over- 

 look him intentionally in the distribution of betel nut would give rise to a dispute, because these 

 courtesies are customary and are therefore obligatory. 



Punishment for a violation of customary obligation then becomes a matter of private justice. 

 The injured one either singly, or by means of his relatives and of such friends as he may interest 

 in his cause, seeks reparation from the offender. If he can not secure it thiough an appeal to 

 customary law supported by the consensus of opinion of the relatives on each side, he takes 

 justice into his own hands and kills his opponent or orders him to be killed. 



GENERAL PRINCIPLES 



THE PRINCIPLE OF MATERIAL SUBSTITUTION 



The Man6bo system of law is still in its indefinite primitive stage. Its fundamental prin- 

 ciples are involved in the retention, preservation, and devolution of property. Unlike the highly 

 developed legal systems of the world, it tends, in general, to consider violations as civil, and not 

 as criminal, wrongs. Hence upon due restitution, offered with good will, the great majority of 

 transgressions upon another's rights are quickly condoned. In this it is far more humane than 

 other systems that seek not only justice for the injured party but the corporal punishment of 

 the wrongdoer. 

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