4.0: Political Organisation and Social Control

All societies comprise of individuals but the social norms or the rules that bind people together often require that one has to rise above individual interests and pay heed to the group above one’s self.


Political Anthropology

Swartz(1966) describes it as “the study of the processes involved in determining & implementing public goals & in the differential achievement & use of power by the members of a group concerned with these goals. 

  • Acc to him it characterised by three essential qualities
    • It is public rather than private in nature
    • It always concerns goal or benefits for which there is competition
    • It involves difference in power i.e control among the members of a group.
  • It also studies & deduces certain principles or laws regulating the political behaviour of all the societies.
  • Study of political process, political action & political conflict & their resolution

Polity, Policy & Politics

Status & hierarchy are closely linked with politics & leadership. These features are characteristic to human org.

The word polity originally take from greek word “polis”. Polity or political community is  a group of people whose membership is defined in terms of a common territory & whose function is under the direction of political leader. Polity has following features too

  1. Spatial or territorial Aspect
  2. Organisational aspect – in terms of its component units
  3. Leadership Aspect
  4. Legal or customary Aspect – by which decisions are made by leaders
  5. Inter-polity aspect

The term Politics or Political Processrefers to the events & actions that lead to the formulation & enforcement of Public Policy, guidelines that can lead directly to action & affect concerned people. 

  • it refers to the ongoing Manoeuvring by which formulated Policy is followed by the Polity

Political institution comprises of

  • political process – election, selection, voting etc
  • Political system

Structure of Political System

  • refers to executive, legislature & the judiciary

Political System/Organisation

John Beattie defined Political system as system related with maintenance of orderly social relations either within a defined territory or b/w different social groups.

  • A political system is also defined as a system related with maintenance of internal order & external peace with involvement of leadership & Authority.
  • R.C Brown in preface written in “African Political system” defines P.O as “organisation for maintenance of order in society by plausible use of physical force

Aim of Political Organisation

  • Maintain Social Structure – control deviation from standard social conduct.
  • Edmond Leach – basic tendency of human mind is to oppose / dissent → thus oppose present structure.
    • He says that human beings are inherent Criminals → thus to control this we need political organisation.  

Types of Political Organisation/system : Typology

  • Meyer Fortes & Edward Evans – Pritchard (1940) – in their work “African Political system” (1940) distinguish three basic types of political system
    1. Band
    2. Stateless Society
    3. State
  • Researcher since 1950s have shown – 2 basic types of political org. Among the Tribal societies
    • uncentralised – c/a Stateless (Acephalous Political org)
    • Centralised – (it is Uni-centric Authority  system or Non-acephalous Political org)
    • These can be classified into several subtypes.  
  • Elman Service in his “Primitive social Organisation” (1962) gave 4 types
    1. Bands
    2. Tribes
    3. Chiefdom
    4. State
  • John Bathe – 3 criteria
    • Degree of centralisation
    • Political function – head or not head
    • Hereditary or achieved

Evolution of Political System

  • Evolution means gradual process of change from simple to complex.
  • Evolutionary political system the state like P.S evolved from Non State Like P.S which is result of changing socio-economic conditions of people.
  • Evolutionary sequence of Political system is given below
    • Band → Tribal Political system → State Political system

Differentiate between State and Stateless societies 10 2014


Band : Simplest Political Organisation

Acc to Elman Serviceit is simples i.e least complicated of all type of political organisation. It is small mobile, Autonomous  group of some 6 to 8 extended families usually Hunter gatherers.

  • R.C Brown found in Andamanes the no of members can be 10 to 300.
  • Even, Band size varies with season → breaks up or Unit according to food resource available.
  • For ex – In case of  food collectors
    • In summer – bands → due to availability of food
    • In winter → No food availability so → population disperses → small band

Characteristic Features

  • They carry very less possessions which is due to nomadic nature.
    • Ex bow & arrow, basket, knife etc
    • For Equatorial Africans : not even clothing is necessary
  • Acc to Elman Serviceit is simples i.e least complicated of all type of political organisation & have little relevance . In it Kinship Political & Kinship system becomes synonymous.
  • Unicentric Authority System – i.e vested in unit as whole b/c each member have to struggle hard to survive → no spared for political functions.
  • No Rank specialisation of labour & formal Political system
  • Egalitarian system – each band → exogamous kin group. All adult members → decision by consensus.
  • No Property → thus no internal conflict & bickering thus internal order → automatically maintained. Customs & Practices → guiding principles.
  • No Territorial Disputes  as Nomadism & relation with other groups → thus maintenance of external peace not a problem.
  • Temporary Leadership – leader is choosen for specific task depending on his qualities. One task is over every one is equal
    • In case of hunting – most skilful hunter is chosen as leader
  • Guidance sometime ; leader, has vast experience , but he nerves exercise his authority
  • Conflict b/w Bands – very rare as meet seldom. (I.e mainly 2 occasion)
    • Marriage – they make marry don’t fight
    • Time of scarcity of resource – help each other
      • Even if conflict happen they are solved by soft option
      • Ex – ritual spear throwing in Australian aborigines
  • Conflict within Band – very rare, even if happen & reach volatile situation, fission in band – very rarely as smaller units are unviable
    • Aim of Justice – not to punish but to restore harmony
    • Method of Dispute Resolution – song Rules in which there is face to face abusing of each other
      • The aggrieved party get more & louder claps & thus Grievance is recognised & resolved.
      • Wrong doers are judged & regulated by public opinion

Contemporary Bond Societies – very few left due to spread of nation states

  • Global Example
    • African Bushmen
    • Ituri (African rainforest)
    • Pygmies
    • Eskimos of Siberia
    • Siamong of Malaya
    • Shoshone (USA)
  • In India
    • Birhor
    • Chenchu,
    • Andaman Islanders
    • Kadar
    • Irula of Kerala

Eskimos Political Sysmtem – live in small band of about 100 members

  • Shaman → religious leader, but little status → punishes violation of religious taboo
  • Informal headman (May be proficient hunter or person most accomplished in rituals)
    • Headman → decision regarding hunting settlement , work but his authority doesn’t extend to social matter
  • Social Disagreement – solved by fist Fights, song duels, forms of contest
    • If extreme quarrel → family feuds may erupt.

Tribal Political Organisation

It has been associated with marginal cultivation, horticulture, pastoralism & shifting cultivation

  • as in these economic systems, they have little surplus → so can afford part time specialist for Political specialist
  • Multi-centric Authority– in this political system, Authority is vested in more than one person & each is independent of each other.

Tribal political organisation can be divided into three types

  1. Segmentary political system (Kinship based political system)
  2. Age set political system ( Non-Kinship based political system)
  3. Village Council (Non-Kinship based political system) 

Segmentary Political system

  • Evan Pitchards c/l it (Segmentary lineage & territoriality) & (Nuer Political system)
  • found in tribal societies divided on the basis of unilineal descent group. (Lineage or clan of different type & size)
  • A single tribe is divided into various lineages c/l segments on the basis of unilineal kingroup
    • every kingroup is called as segment
    • various segments are hostile towards each other.
    • They are mainly patrilineages.
  • Among Nuer and Tiv of Nigeria the lineage (Maximal lineage) is further divided into smaller segments c/l (minimal/segmentary lineage).
    • The village is divided into smaller territories
    • each Segmentary lineage controls each of this smaller territory separately.
  • Each segmentary lineage contains 3 to 5 generation ; Basic permanent descent group live in same village regard each other as close relatives & with no central leadership

Features of segmentary Political System

  • No superiority or inferiority of segment
  • No Stratification in segment
  • Autonomous Group (Independent politically) – each group is Autonomous
  • Authority in domain of their group by head, but all equal – no one first among equal
    • Lineage is centralised but tribes is uncentralised as no head at tribe level
  • So functioning of such system requires management of relation b/w heads
    • As no one is at helm of political affairs. So at time of war → decision by consensus & tribes has to organise military
    • B/c of this Evans Pritchard c/l it as Headless Political system or acephalous political system.
  • Feud from below

Example

  • horticulturalTiv in Nigeria
  • PastoralNuer in Sudan (their system can be exemplified)
  • Masai

Segmentary Lineage & territoriality

Pitchards & Forters in “African Political System” describes segmental linage.

  • E.E Evans Pitchards – proposed this model of social organisation.
    • Theory says – as state does’t exists in tribal society, tribal man must rely on other persons or structures in time of trouble b/c he can’t depend on authority to ensure rights & well being of tribesman.
    • During crisis, tribe will sub dived into smaller groups on basis of genealogical ties.
    • This theory assumes principle of “Balanced Opposition”  i.e groups are of equal size & strength, which rarely occurs in society.
  • Steven Caton – explains how this theory relates to concept “honor” in Arabian tribal society. The group approach higher level person to address their adversaries & dispute – usually ends as groups are at draw. Thus, tribal Oder is maintained.
  • Meyer Foretes – “Complementary opposition” lineage will oppose each other.
  • Pitchards describes feuding in Nuer as follows
    • among Nuer feuds are common occurrences . Which is a actual hostility b/w minimal segments.
    • Blood Feudrefers to hostile interaction of the kin on both sides in situation of Homoicide. If b/w primary lineage → results in states of internal war rather then a state of feud.
      • This are resolved by tit for tat but with difference to restore balance of no. Of persons in a lineage in strict sense.
      • Close kin stand against most distant kin
      • Brother are allied against cousins
      • Cousins are allied against second cousins
      • If any non kin came, then all unit (as Pitchard observed for Nuer Vs Dinka)
    • Nuer are more prone to fighting ; these are dispute about a cow, or goat eat s a man’s millet & owner strikes it, adultery, watering right in dry session & paterrage rights
      • These are mediated by Leopard skin chief who belongs to neutral lineage. 
      • He is only mediator & he doesn’t have any political authority (legitimacy without force)
    • Nuer don’t have law, they have only conventional compensation for damage. They use moral obligation to restore disputes.
  • Sahlins, emphasising military aspect of linage, referred to lineages as “an organisation of predatory expansion”
  • Max Blackman – whenever lineal segmentation happens in society, they are complimented by certain role in co-operation → this reduces hostility b/w segment & binds society.

Age-Grade Based Political System

Age grade are organised group of people with membership on basis of age, in which society is divided. For ex, age set of youth, adults & elders.

Features

  • Features of the groups : pastoral herders, possessions & mobility go hand in hand,
  • to defend themselves from theft or attacks they organise themselves into age sets at pan tribe level
  • People from respective age group become member of that age set.
  • Age grade Cut across kinship, & territorial lines. (I.e people → diff village → same age → one grade) & serve different political functions
  • Well demarcated obligation & duties for each grade
    • Young boys & girls → fetch drinking water, cleaning surrounding & maintaining  road
    • Adult → livelihood, lead wars
    • Elders → dispute resolution, Justice & maintain social order
  • Political Authority – vested in Age set of elders
    • Don’t have police personnel to enforce, but decision are obligatory in nature due to supernatural ratification (belief that they can communicate, disobedience → attract wrath )
    • All head equal, no superior – inferior
    • Decision at Tribal level by consensus among various heads
    • Acephalous Political system – as no single person issues command

Advantage of Age Set

  • Provides for smooth transformation from lower social status to higher.
  • As the members of age set know each other and that they have to live together full life, kind of cooperation b/t them is very strong.
  • It provides for standing army.
  • Elder’s task is of maintenance of social peace and order.

Example

  • Yako (Nigeria)
  • Masai Tribe
  • Kipsigis (East Africa)

Case study

  • In Masai tribe, Society is divided into 5
    • Childhood, junior warrior-hood, senior warrior-hood, junior elder hood, seniors elder hood
    • Ceremony for promotion of childhood → junior warrior hood : vary tortuous
    • If someone frightens or escape, he can’t elevate in social hierarchy & remain child for whole life however wise he may be.
  • Kipslgis (E. Africa) – are divided into two age -grades
    • Warrior → capture cattles, lead wars, defend the tribe & in rich tribes
    • Senior Elders → defensive battles, council of elders, dispute resolution, preside initiative ceremonies.

Village Council

Here whole society is divided into separate village communities who are, for the most part,economically independent of each other.

Features of Village council

  • It is found in marginal cultivating, pastoralist or gardener population.
  • They are sedentary in nature as against other tribes. They are less mobile or partially settled.
  • Autonomous Council of Village – each village have to govern themselves
    • Each lineage is represented in the village council.
  • Collective Decision -a Tribal level
  • Advisory nature of Decision : as there is no mechanism to enforce.

Example:

  • Pueblo Indians of North America,
  • Yako,
  • Ibo.

State Societies / Centralised Political System

A State is Autonomous, hierarchical,centralised form of political organisation encompassing clearly definedsocial-economic class, territory & centralised govt whichhave the power to collect taxes, monopoly of force & bureaucracy and  can make, decrease & enforce laws which are equally binding on every one in group under their jurisdiction.

State societies are the societies which have defined territory & centralised Authority & political structure with centralised head at top & wide range of permanent institution having legislative, executive & judicially functions & inevitably a large bureaucracy.

Feature of State & State societies

  • Central concept – concept of legitimate force to implement policy both internally & externally
  • In it govt/ ruler tires to maintain Monopoly on use of physical force. In from of police force, a militia, a standing army.
  • Ruler/ govt don’t maintain order by force alone. People must believe at least to some extent that those in power have a legitimate right to govern.
  • Such societies are characterised by class stratification → restricted access to basic economic resources.
  • Generally supported by system of intensive agriculture → high productivity → allow emergence of cities, high degree of economic & other kind of specialisation , commercial exchange & extensive foreign trade . 
  • State are not formally organised on the basis of Kinship or descent
  • Their population are divided into Socio-economic classes or strata
    • typically draw at least broad distinction b/w upper & lower strata namely elite & common.
    • Need of elite take precedence over those of common people.
    • Tendency toward endogamy of each stratum.
  • Though have redistributive system, compared to chiefdom, generosity is underplayed in State.

Emergence of State

Different Types of State

Primitive State

  • Collective Chiefdom (Multi-centric Chiefdom)
    • Group of chiefs, all enjoying equal rights, jointly take decision → multi-centric Authority
    • No centralised Authority, delegation of Authority
    • Economic surplus, No social stratification,
  • Paramount Chiefdom (Centralised chiefdom)
    • Two Main characteristics –
      • Subunits → structurally & functionally different
      • Centralised leadership
    • Exists in ranked society, higher & lower status to some lineage, some individual
    • Centralised L- Authority is vested in superior/ Paramount chief
      • Inherits office (sometimes)
      • True Authority figure 
    • group of chiefs function under paramount chief ,
      • are appointed by Paramount chief.
    • Recognised hierarchy in major & minor authorise
    • Economic level – chief → control productive activists
      • Redistributive System of exchange
        • Chief to collect & distributive
    • Benefits
      • Prevents outbreak of violence b/w Segments
      • Give society great degree of military power
    • Densely populated, permanent settlement, manly pastoral, or intensive agri
    • Ex. Chiefdom of Luapula (Zambia-Zaire boundary)
      • Paramount chief
        • Territorial
        • Sub chiefs
        • Village headmen → responsible to paramount chief
        • Members of village → allegiance  to paramount chief rather than headmen
        • New headman → must be approved by chief.
    • One paramount chief is rare in North American tribes. Their may be one peace chief, award chief, talking chief etc that is collective chiefdom.
  • Kingship
    • It’s special type of Paramount chiefdom.
    • Certain individuals are deemed as kings as per traditional or superstitious beliefs
    • Right & Authorities are vested in single family i.e dynamic rule
    • Advantage
      • Put end to struggle for political power 
    • Drawbacks
      • Heir may not have ability to rule
      • May not function at crisis
      • May also lead to tyrannical rule & absence of social Justice
    • Ex – Swati of South Africa
      • Zulu of South Africa
      • Bantu of Africa
  • common features of Primitive state or chiefdoms
    • They have defined territories but without boundaries which are well defined
      • Boundaries are not line of control but frontiers
    • Some hereditary tendencies are found in some chiefdoms
    • Chief is differentiated from headman by degree of Authority.
    • Functions of chief are different in different societies.

Archaic State

  • these are feudalistic & city state.
  • Feudalistic State : Territories occupied &  governed by feudal lords
  • 16th & 17th century → city State at Europe ; this state are ruled around a city.
  • Concentration of power at individual at top i.e Syria

Modern State

  • it emerged in 19th century in Europe & other countries.
  • Characterised by Democracy , law & election
  • Types
    • Nation State – Ist Germany
      • Organised out of zeal of Nationalism
    • New Nation State
      • Those which have experienced colonialism in recent history & got independence from colonialism & imperialism
      • State on modern lines
  • Add introductory content before staring Archaic State & modern states

Case study Of State : Hebe (Tanganyika, Africa)

  • Belief : earlier → small tribes → linked by two legend men → ancestor
    • Present line of chief → descent of these men
  • Chief power legislative, Administrative, economic & military but not autocrat
    • Assisted by traditional Council → consensus
  • Chief → wealthy man → monopoly of ivory trade
    • Wealth of chief → source of advantage to community (During famine)
  • Authority of chief supported by
    • Magico-religious beliefReligious belief (chief → acquired no of medicines)
    • System of Ancestor WorshipTribal gods → dead rulers
  • Sub-chief & headman → subordinate position
    • Invoke ancestors for rain only with permission of chief. 

Conclusion – Evolution of Political system is mainly due to advancement of economic systems. Political & economic system go hand in hand.


Differences b/w State & stateless Society

Though both try to maintain social order

Features / ParameterStatelessState
Definitionare the societies which have defined territory & centralised authority with centralised head at top
ExampleEskimos, Iking, Bushman
Territory• Band & age based no concept of territory • village lineage → have concept of territory, but no boundarydefined territory as well as boundary
locus of Authority• Band & village based → totally absent • age based → present at top • linage → present at linage & absent at topalways present at top & always well defined
Power of Authoritytotal absence of use of physical force though SN force may be used in age based system.Coercion → central concept

John Bathe’s 3 Criteria of Anthropologist for Political Structure

  • Degree of Centralisation / Decentralisation
    • Central Authority – State societies
    • Headless Authority – Stateless Societies
  • Degree to which political function is specialised
    • Part time specialist – stateless societies
    • Full time specialist – State societies
  • Basis of Allocation of Authority
    • Dyansitic
    • Hereditary
    • Elective
    • Combination of these

Power, Authority & Legitimacy

Power

Introduction : power is universal aspect of social interaction . It plays imp role in shaping relationships among members of society.

Definition :

  • Acc to Max Weber “Power is the probability that one actor within a social relationship is in a position to carry out his own will despite resistance, regardless of the bases on which this probability rests…. All conceivable qualities of a person and all conceivable combinations may put him in a position to impose his will in a given situation”.
  • Acc to Lundberg: “Power means the extent to which persons or groups can limit or regulate the alternative courses of action open to other persons or groups, with or without their consent”.

Meaning

  • capacity to take independent action in face of resistance from persons, groups or rules
  • Concept of Power Involves : Ability of person
    • To influence another : it a from of power which entails provision of models & ideals
    • Coercive Control – to determine behaviour of other
      • It is performed thr commands & enforced thr sanctions such as positive & negative incentives.
  • Extent of power : k/n by no. Of people influenced & the no of times their behaviour is influenced

Features

  • Political activity – competition of individual for increase in such power
    • Power is fuel that that propels the political structure into action,
  • Not Institutionalised by Nature , is also Segmentary i.e can never be contained within Authority structure.
  • Characterised phenomena both in democratic as well as authoritarian system
  • Power Structures – very amorphous & difficult to identify
    • There is submission of people to overall P.S in both → after establishing every P.S tends to be strong & continues to thrive b/c habit or inertia as well as indoctrination & propaganda
    • The larger the power structure becomes, the more difficult it becomes to overthrow it.
  • Acc to Peter Oadjupur, “ Power structure or system are usually hierarchical in form with those at the top normally bearing more power than those at the lower level since decision made & enjoyed at the top of pyramid have more widespread effect than those made further down.” 

Types of Power

  • Can be classified into different types by employing different criteria.
  • Positional & Non-Positional Power
    • Positional (Structural Power) -by virtue of position in social structure
      • It is also called Authority. As whole social structure is viewed as legitimate power system 
    • Non Positional Power – Independently of his position
  • Lunderg’s Classification – into following 3 types
    • Coercive Power – which threatens or use physical means to obtain compliance
    • Utilitarian Power – uses material rewards to obtain compliance
    • Identities Power – by use neural symbols Identify people’s interest as that of org’s interest
  • Legal Perspective
    • Legitimate – recognised & accepted by society
      • Legal Power – given by law
      • Traditional Power – drawn from customs & tradtions
      • Charismatic Power – source in Peculiar quality of person
    • Illegitimate – Not accepted by society
  • Classification based on Influence
    • Force – influence thr physical force ex – Dictatorship
    • Domination – when power is exercised thr order or advice ex – Parents
    • Manipulation – exercise of P by influencing others without explicit statement of intent ex – Propaganda

Authority

Introduction : The concept of authority is closely linked to power. Institutionalised or Legitimate power is called Authority.

Definition ; Acc to Robert A. Dahl , “Legitimate power is authority.”

  • or, These are commands which are effective b/c those who are commanded regard the command to be legitimate.
  • It can also be defined as recognised right of leader to allocate resources.

Meaning

  • Right to take certain action, including decision to issue commands.
  • It represents set of rules, norms, procedures that are regarded as binding when applied in given social unit
  • One on a competitive basis to all
  • Not stable : Increase or decrease with amount of power available.

Locus of Authority – It is persons in whom authority is concentrated.

  • Two types
    • Minority Locus
    • Well distributed

System of Authority

  • It includes locus & functioning of Authority.
  • There are two criteria
    • End to which the authority is applied
    • Means of Authority. ~ sources

Sources – Acc to Max Weber – there are three source of political Authority  i.e models for legitimisation of authority

  • Traditional Authoritywhen a continuous use of political power or its exercise on the basis of customs & traditions leads to emergence of right to rule.
  • Charismatic Authority – when right to rule springs from dynamism of a political leader.
  • Legal Authority – when right to rule emerges from the constitutional rules

Types of Authority (depending on Centre)

  • Unicentric – Band societies
  • Multicentric – Lineage societies
  • Central – cheifdom, archaic & modern societies.

Types of Authority

  • Based on Force (illegitimate)brute force sanction behind it . Not exercised acc to law & constitution.
  • Constitutional Authority – drives from it . Ex – Authority of Prez & Governor
  • Charismatic Authority – dynamic quality of leader
  • Religious Authority – attributed to those who hold top position in some religious seat. Ex Shah imam of Shahi Mosque, Dehli & Jathader of Akal Takth
  • Divine Right Authority – if drives from god ex – James I & Louis XIV of France consider themselves as deputies of god
  • Ancestral Heritage Authority – father → son ; exists in monarchical govt
  • Authority of Elite – on basis of their personality, knowledge or riches
  • Traditional Authority – based on ancient customs, traditions & conventions. Ex British political system
  • Rational Legal Authority – based in laws of Land & exists mainly in democratic system.

Characteristics

  • Legitimacy – determine effectiveness of authority . Hence hall mark concept
  • Dominance – group or individual which poses Authority , exercise dominance over other individuals
  • Informal Power – as Fredrick said ‘Not power, but something that accompanied power.
  • Rationality – giving convincing reason – evidently basis of authority is logic
  • Accountability – to some higher authority (most significant)

Limits of Authority

  • in words of Mariam, “Leader of the man in Authority is like a bus driver. He is allowed to use his discretion in the selection of the road but he must take his passenger in the desired direction & if he does n’t they leave him on the way & choose their own path.”
  • Always subject to limits → if violated → subordinate can ignore or oppose it.
  • Authority losses legitimacy when it becomes ineffective to maintain law & order.

Difference b/w Power & Authority

  • Always legitimate, but power may or mayn’t be
  • Based on consent whereas power is based on force
  • More democratic than power as always legitimate
  • Reflects ability of man to get this proposal accepted/approved but power it the capacity to change the behaviour of others .

Conclusion – Thus authority is conformity with commands & Authority without power is useless.

Legitimacy

Introduction – In a political system, to maintaining social order & to make political system work besides coercion, additional factors are required to implement decisions. This additional factor is called legitimacy.

  • The legitimacy of political system derives from the values of the people.

Defination

  • Jean Beandel – “legitimacy can be defined at extent to which population accepts naturally, without questioning, the organisation to which it belongs.”

Meaning – it is not just moral or abstract to feeling, r/l to with entire P.S

  • Simply as in words of S.M Lipset  – it is the capacity of system to produce & maintain a belief that existing P.S in most suitable for society
  • In modern times, Max Weberwas first to enunciate the concept of legitimacy as a universal concept – Acc to him it is based on belief & get obedience from the people
  • Masses
    • Obey it un-reluctantly
    • Accepts it’s sanctity
    • Considers it worth of respect.
  • Acc to Dahl – it is quality of rightness, propriety & moral goodness.
  • Its meaning has changed from age to age.
    • During middle age it was used to express feeling against usurpation.
    • But now revolutions can’t be called illegitimate ex Bangladesh against Pak

Sources – Acc to Max Weber

  • Traditional
  • Exceptional Personal (qualities) – Charismatic quality
  • Legality – rest on belief that power is wielded in a way that is legal.

Significance of Legitimacy

  • It is the soul of democracy
  • It enables rulers to govern within a minimum of political resources.
  • Acc to Dolf Sternberger, legitimacy is the foundation of governmental power which on the one hand makes the govt conscious of its right to rule & on the other makes the governed aware of such rites.
  • Acc to Weber, power should be based on legitimacy otherwise it would invite trouble & prove ineffective.

Types of LegitimacyDavid Easton describes three types of legitimacy

  1. Ideological Legitimacy – when source is ideology prevailing in society.
  2. Structural Legitimacy – principles leading to acceptance, validation of structural
  3. Personal legitimacy – managing to build up a belief, trust worthiness

Social Control

Introduction : Society is harmonious organisation of human relationships.

  • Any deviation from the established ways is considered threat to welfare.
  • Society, therefore, in order to exist & progress has to exercise certain control over its members, which has been termed by social scientists as social control

So, social Control is social & political mechanism that regulates individual & societal behaviour to maintain social order.

Meaning of Social Control

  • Defined by McIver as “The way in which entire social order coheres & maintain itself – how it operates as whole, as a changing equilibrium.
  • Ogburn and Nimkoff “the patterns of pressure which a society exerts to maintain order and established rules” is social control.
  • E. A. Ross, in his book “social Control”  meant by it the “system of devices whereby society brings its members into conformity with the accepted standards of behaviour.”
  • Ultimate aim → social continuity & stablity

Nature of Social control – from definition following can be Notes

  • It is an influence– may be exerted by various methods thr public opinion, coercion, social suggestion, religion, appeal to reason or any other
  • Exercised by Society – group is better able than single individual
    • Effectiveness depends on various factors
    • effectiveness of any agency of social control depends on circumstances
  • For promoting community welfare
    • Thr it individuals are made conscious of others’s existence, their interests
  • Social control Is part of socialisation, also operational during later
    • Thr societies depend heavily upon effective socialisation to internalise social norm & values as the individual’s guide & motives to action.
    • Thr socialisation Societies aim to control the behaviour of its members unconsciously.
  • Malinowski equated social control with law in his “Time & custom in primitive societies” & gave the reason of social control
    • Principle of Reciprocity
    • Principle of Mutual interdependence
  • Acc to Brown social control are social sanctions.

Need of Social Control (social solidarity is essential for the existence of society) 

  • Society is heterogenous organisation, to maintain orderly life → Social order is must
  • Social control leads to uniformity in behaviour → social unity → solidarity
  • Conformity →  To regulate individual behaviour → protect social interest & satisfy common needs
  • To provide social sanction of norms / social ways of behaviour
  • Check cultural mal-adjustment → otherwise, disintegration ex Student, villager in city
    • Society is subject to change → individual has To adjust behaviour ↠ but all can’t → some become progressive, other remain conservative

Evolution thr Ages

Means of Social Control

Describes a number of means that have been employed by social group thr-out human history –

  • Acc to some Ⓟ
    • E.A. Ross  – Public opinion, law, custom, religion, mores, folkways
    • LE.C. Hayes
      • Control by sanctions (reward & Punishment)
      • control by suggestion & imitation.
    • Kimball Young
      • + ve (reward) →  appreciation of certain of behaviour
      • -ve (punishment) →  discouraging kind of beh.
    • F.E. Lumley
      • Based on force
      • founded on symbols
        • direct individual behaviour
          • Reward, praise, flattery
          • edu
          • persuasion
        • Restraint & Repression
          • Gossip, name calling
          • Threat, criticism
          • Ridicule, satire 
          • Propaganda, commands
          • Punishment
    • Luther L. Bernard
      • Distinguished b/w unconscious & conscious means of control
        • Unconscious – custom, tradition, convention
        • Conscious – which are consciously developed & employed by leaders
        • Acc to him conscious are more effective
      • Also distinguished b/w exploitative & constructive
        • exploitative:
          • Punishment
          • intimidation
          • censorship
          • Repression
        • constructive
          • Belief in supernatural
          • Custom
          • Law
          • Education
          • Social reform
      • Also distinguished b/w positive & negative
        • Positive are more effective as well as desirable b/c human responds more easily to promises than to threats, to peace means than to physical coercion.
  • Informal means effective in simple societies as fare-face interaction.
    • Belief– conviction that particular thing is true → determine behaviour, interest & purpose  in society → influence on action. Ex belief in theory of reincarnation
      • The question of their validity doesn’t necessarily determine their effectiveness as social control.
    • Social suggestion – i.e indirect Communication of ideas, feeling & other mental states. Thr ex of great 옷, literature & education
    • Ideology – Social theory that interpret social reality – powerful dynamic force of control social life → provide set of value, make life meaningful  → stimulate action
      • Depends on its complement ness & coherence, its vision of future, its ability to hold men’s imagination, its consistency & its ability to meet criticism.
    • Folkways – recognised mode of behaviour. (Spontaneous & unconscious)
      • socially approved – foundation of culture
      • Become matter of habit, → followed unconsciously → influence behaviour
    • Mores – folkways of great significance ex – monogamy, prohibition, endogamy, anti-slavery
      • violation →  punish.  I.e Instrument of control
      • Certain my be harmful for physical well being of individual yet these must be obeyed.
    • Customs – long est habits & usage of people.
      • control selfish impulses & binds men’s together
      • violation →  Not only crime but also sacrilege.
    • Religion– belief in powers superior to man
      • defender of status quo
      • fear ol S.N. Power
    • Art & lit.– influence imagination & control behaviour.
      • Appreciation of culture – dance
      • painting – sympathy, hatred. (May arouse feeling)
    • Public opinion – – fear of ridicule, desire for recognition, fear of isolation 
    • shame, ridicule, sarcasm, disapproval., social discrimination., edu
  • Formal means
    • Law – due to society grow in size & complexity →  compelled to form rules i.e law
      • defines duties & rights
      • punishment for violation.
      • prohibits certain action eg. untouchability
    • Education →  process socialisation. tolerance, sacrifice.
      • Corrects beliefs & removes prejudice
      • Discipline, co-op, tolerance, sacrifice
    • Coercion – Ultimate means of Social control
      • Physical control – Least form of S.C & least desirable
      • Non Violent Control – strike, boycott, non-cooperation

Informal means have more effect on individual  as social values become internalised , thus becoming aspects of individual personality. Though in totalitarian state social control has reached maximum point.

Every man’s life is under state direction and regulation. In democracies also, social control is no less vast. A number of voluntary bodies have cropped up to influence others’ behavior. The increasing complexity of culture will increase rather than diminish the need for effective social control.


Law & Justice in Simple Societies

Law (customary)  are social norm whose violation evokes formal procedure with socially recognised individual or group imposing sanction on wrongdoers. 

Malinowski in his “Crime & customs in primitive societies” states that “The fundamental Sanction of law to curb certain natural propensities & control human instincts & to impose a non- spontaneous compulsory behaviour.”

Law & justice in simple societies are delivered with the help of customary law to insure social control. It differs from that of modern societies b/c of different socio-economic conditions.

Primitive Law

  • Acc to Majumdar & Madan
    • Primitive Law → set of principles which permits use of force to maintain political & social org within territory
    • PL is based on clan & party org
    • Punishment is awarded in form of fine compensation, communal feast etc
    • Breath of law is taken as to affect not only individual, but whole society
  • R.C Brown states that some simple societies have no law altogether they have customs which are supported by sanctions. Which are of two types
    • Positive Social Sanctions – approval of act thr awards, rewards , clapping, cheering etc
    • Negative social sanction – disapproval of act thr abuse, mockery, punishment etc
    • In tribal society, we find normative rules for protecting human life & property e.g incest taboo, condemnation of adultery
  • Spontaneous growth, customary laws
  • Law in primitive societies → totality of customs
    • whole society responsible for creation
  • Why no full time specialist
    • No surplus
    • Small population
    • Less complex social order

Source of Primitive/ customary Laws

  • Customs
    • Preliterate society → social custom imp source of law
    • Some behaviour if harmful → rejected & if useful → adopted
    • Customs → compulsory  ; if disobey → punishment
    • System of punishment on breach of custom is gradually evolved ; gradually customs becomes social laws
    • Hand over from generation to generation.
  • Social organisation
    • Social org → chieftain or leaders highest position → authority + powers
    • Order of chieftain → law
  • Public opinion
    • Very imp in primitive society as face – face interaction
    • Control behaviour in form of law 
  • Religion
    • Provides code of behaviour
    • Compliance is compulsory as that of law & generally no one dares to discovery
  • Social Panchayats
    • Panchayat is simple society to keep control over individual in society
    • Decision of panchayat → law
    • Disobey → punish → generally in form of communal feast. 

Features of Primitive laws

  • They are non codified & customary in nature
  • Have simple law
  • No specialists to deliver law & justice
  • conceived largely in terms of kinship than my territorial limits
  • predominately criminal law.
  • every body –  representative & policeman 👮‍♂️
  • Breach of norm → sin → punished by supernatural
  • Main characteristics –  kinshintie & collective Eile responsibility of kin.
  • Punishment → eye for eye, murder for m.
  • crime → determined on basis of oath & ordeal

Mechanism of Justice

Procedure thr which social control is achieved

  • Identification & Estd of Wrong
    • Wrong is not established thr evidence but thr
    • ordeals – in it accused has to go thr some task if he escape w/o any injury → Not guilty ex
      • among Maler – he has to lick red hot sacred axe three times
      • In Kriya – asked to take salt smeared with cock’s blood
    • Oaths – in name of god ;
      • in Malaer taken by touching the sacred sword & uttering ‘I will die if I tell lie”
    • Oracles – asking some type of questions to the suspect after oath administered
  • Concept behind punishment
    • To compensate the affected party 
    • To purify the soul of wrong doer.
    • To bring enemies together.
  • Enforcement of law and punishment

It is mostly informal (but can be formal)  and comprises following.

  • Public opinion & Mockery:
    • people live face to face in small communities → difficult to tolerate gossip & public ridicule
    • Thus, ethical norms →  watch dog →  ethical behaviour is very much followed.
  • Magic, witchcraft & sorcery:
    • if  not following social norms → branded of witch or sorcerer
    • fear of being accused →  influences behaviour of people.
    • For example, Taikopia observed by Raymond Firth.
      • Fear of black magic also acts as potent sanction.
  • Isolation, avoidance and social boycott
    • Threat of withdrawal of reciprocity through These
    • As in simple societies → co-op is inherent (e.g Eskimos)
    • Thus hardly tolerate social boycott →  influencing social behaviour.
  • Fear of supernatural power :
    • It is believed that violating social norms will invite the wrath of supernatural power.
    • E.g. age set based society in Yako and Masai.
  • Revenge: Practice of killing against killing.
    • E.g. Fear of killing in Tiv of Nigeria regulates social behaviour.
  • Fear of Fine
    • Fine may be in the form of communal feast or various types of services.
  • Punishment for Crime
    • Crime = violation of divine system
    • Simple societies
      • Principle of redistribution (give suitable punishment)
      • Principle of compensation of loss
      • Principle of collective responsibility (family, clan & local group)
    • Weir Guild (Compensation)
      • Fine in cash or kind – E.g
        • American tribals → destroying some valuable possession of guilty
        • Kamar (MP) – adultery – fine money
        • Samon → Criminal give victim some valuable present
    • Peaceful means of settlement
      • Avoidance
        • Violence can be avoided if parties in dispute voluntarily avoid each other → moving to opposite sides of camp
        • Shifting horticulturist may also split out when intense conflict
      • Community action
        • Family → autonomous in most matters
        • Carry out daily task within complex system of taboo due to fear of sprits
      • Negotiation & Mediation
        • Either parties settle dispute by themselves
        • Or with a medication
        • E.g Nuer (E. Sudan ) → Leopard skin chief → Mediator
      • Apology
        • Desire to restore harmonising relationship → guilt party asked for forgiveness
        • E.g Fijians in S. Pacific → “Soro”ceremony of apology → offender keeps head bowed & remains silent & offer token gift to offended person
      • Oath & Ordeal
        • Under supernatural control
      • Adjudication
        • By people/ Council of elders
      • Magic & witchcraft
        • if  not following social norms → branded of witch or sorcerer
        • fear of being accused →  influences behaviour of people.
        • For example, Taikopia observed by Raymond Firth.
          • Fear of black magic also acts as potent sanction.
    • Violent Means
      • Individual Violence
        • Violent behaviour is some times used to control behaviour.
      • Feuding
        • State of recurring hostility b/w grousp → motived by desires to avenge offence against enemy groups
        • Killing of any member of opposing group to take revenge eg. Tiv 
      • Raid
        • Short term use of force to realise a limited objective  → acquire goods, animals or other wealth
        • Especially in pastoral, community for cattle, horses, camels, money, wives
      • Warfare
        • Society with – intensive agri & industrialisation
        • Specialised in army, tech, strategies

Case study

  • Kamar Panchayat of MP
    • No central authority, tribal panchayat → supreme power in social control
  • Renama Naga of Assam,
    • interesting practice of settling family dispute
      • through crying loudly by the offending party is there.
      • Ultimately an elderly person always succeeds to come to a conclusion.
    • In case of arson & homicide, the accused is exiled and his house is destroyed leaving aside the hearth stone.
    • Thus as social control is ultimate goal of every society, law and justice exists in simple societies too but in customary form.
  • while judging both sides eye witness & oaths
  • customary law
    • Homicide →  condoned when accused gives Penal feast.
    • stealing →  No punishment.
    • personal disputes → exchange of blows.
    • crime against tribal norm →  tribal council or Supernatural power.
    • Incest →  supernatural
    • setting fire to jungle  →  serious offence →  cursed by entire community
    • Theft → from culprits property after death.
    • Adultery →  fine money →  tainted money –   distributed among poor or destroyed

Conclusion : laws in simple society are customary practices which helps in maintaining S.C.

Law V/s Custom

FeatureLawCustom
Made byexplicitly & deliberately  made by power of statesgroup procedure & emerges gradually
Consciouslyconsciously createdemerges spontaneously
Enforcement Agency Need special agencyno need ; enforced by spontaneous social actions
Specificityspecific, defined & ClearNot definite & clear – Not codified
flexibility• more flexible & adaptable • can be immediately enacted to meet emergencyRelatively fixed & permanet
Abolitiondisappear only when abolished by recognised authorityfade & disappear w/o formal abolition
NatureMore idealistic
Dealt MatterMore ; deals with matter vital to life of societyordinary & familiar matter

But both supplement & complement each other.  custom → imp source of law, consolidates law & facilitate its practice. Just as custom supplement law, so law also supplements customs.