Ifugao Law / (In American Archaeology and Ethnology, Vol. 15, No. 1)
In American Archaeology and Ethnology Vol. 15, No. 1, pp. 1–186, plates 1–33
Ifugao Law
By R. F. Barton
“ We are likely to think of the savage as a freakish creature, all moods—at one moment a friend, at the next moment a fiend. So he might be were it not for the social drill imposed by his customs. So he is, if you destroy his customs, and expect him nevertheless to behave as an educated and reasonable being. Given, then, a primitive society in a healthy and uncontaminated condition, its members will invariably be found to be on the average more law-abiding, as judged from the stand-point of their own law, than is the case in any civilized state.
“ Of course, if we have to do with a primitive society on the down-grade—and very few that have been ‘civilizaded,’ as John Stuart Mill terms it, at the hands of the white man are not on the down-grade—its disorganized and debased custom no longer serves a vital function. But a healthy society is bound, in a wholesale way, to have a healthy custom. ”
R. R. Marrett, in Anthropology.
Page
Roy Franklin Barton
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Contents
Preface
Introduction
The Ifugaos
Sources of Ifugao Law and its Present Status of Development
The Family Law
Marriage
Remarriage of the Widowed
Divorce
Dependents in Relation to Family Law
Illegitimate Children
Reciprocal Obligations of Parents and Their Children
The Property Law
The Kinds of Property
Family Property
Personal Property
Perpetual Tenure
Transient Tenure
Transfers of Property for a Consideration
Transfers of Property Arising from Family Relationships
Settlement of Debts of the Aged and Deceased
Borrowing and Lending
Go-betweens
Contracts for the Sale of Property
Irrigation Law
Penal Law
Penalties
Circumstances Which Affect Penalty
Penal Responsibility
Other Factors Affecting Liability
The Principal Crimes and their Frequency
Sorcery
Adultery
The Taking of Life
Putting Another in the Position of an Accomplice
Theft
Arson
Kidnapping
Incest
Rape
Ma-hailyu or Minor Offenses
Procedure
The Family in Relation to Procedure
The Monkalun or Go-between
Testimony
Ordeals
Execution of Justice
The Paowa or Truce
Termination of Controversies: Peace-making
An Inter-village Law
Appendices
Appendix 1: Ifugao Reckoning of Relationship
Appendix 2: Connection of Religion with Procedure
Appendix 3: Parricide
Appendix 4: Concubinage among the Kalingas
Plates
Colophon
Availability
Encoding
Revision History
External References
Corrections
