This methodical antidote teaches us another lesson. In a community where laws are not only occasionally broken, but systematically circumvented by well-established methods, there can be no question of a ’spontaneous’ obedience to law, of slavish adherence to tradition. For this tradition teaches man surreptitiously how to evade some of its sterner commands — and you cannot be spontaneously pushed forwards and pulled back at the same time!
Magic to undo the consequences of clan incest is perhaps the most definite instance of methodical evasion of law, but there are other cases besides. Thus a system of magic to estrange the affections of a woman from her husband and to induce her to commit adultery is a traditional way of flouting the institution of marriage and the prohibition of adultery. To a slightly different category perhaps belong the various forms of deleterious and malicious magic: to destroy the crops, to thwart a fisherman, to drive the pigs into the jungle, to blight bananas, coco-nuts or areca palms, to spoil a feast or a Kula expedition. Such magic, being levelled at established institutions and important pursuits, is really an instrument of crime, supplied by tradition. As such it is a department of tradition, which works against law and is directly in conflict with it, since law in various forms safeguards these pursuits and institutions. The case of sorcery, which is a special and very important form of black magic, will be discussed presently, as also certain non-magical systems of evasion of tribal law.
The law of exogamy, the prohibition of marriage and intercourse within the clan is often quoted as one of the most rigid and wholesale commandments of primitive law, in that it forbids sexual relations within the clan with the same stringency, regardless of the degree of kinship between the two people concerned. The unity of the clan and the reality of the ’classificatory system of relationship’ are — it is urged — most fully vindicated in the taboo of clan incest. It lumps together all the men and all the women of the clan as ’brothers’ and ’sisters’ to each other and debars them absolutely from sexual intimacy. A careful analysis of the relevant facts in the Trobriands completely disposes of this view. It is again one of these figments of native tradition, taken over at its face value by anthropology and bodily incorporated into its teachings.17 In the Trobriands, the breach of exogamy is regarded quite differently according to whether the guilty pair are closely related or whether they are only united by bonds of common clanship. Incest with a sister is to the natives an unspeakable, almost unthinkable crime — which again does not mean that it is never committed. The breach in the case of a matrilineal first cousin is a very serious offence, and it can have, as we have seen, tragic consequences. As kinship recedes, the stringency lessens and, when committed with one who merely belongs to the same clan, the breach of exogamy is but a venial offence, easily condoned. Thus, as regards this prohibition, the females of his clan are to a man not one compact group, not one homogeneous ’clan’, but a well-differentiated set of individuals, each standing in a special relation, according to her place in his genealogy.
From the point of view of the native libertine, suvasova (the breach of exogamy) is indeed a specially interesting and spicy form of erotic experience. Most of my informants would not only admit but actually did boast about having committed this offence or that of adultery (kaylasi); and I have many concrete, wellattested cases on record.
So far I have spoken of intercourse. Marriage within the same clan is a much more serious affair. Nowadays even, with the general relaxation of the rigour of traditional law, there are only some two or three cases of marriage within the clan in existence, the most notorious being that of Modulabu, headman of the large village of Obweria, with Ipwaygana, a renowned witch, who is also suspected of intercourse with the tauva’u, supernatural evil spirits who bring disease. Both of these people belong to the Malasi clan. It is remarkable that this clan is traditionally associated with incest. There is a myth of brother and sister incest, which is the source of love magic, and this happened in the Malasi clan. The most notorious case of brother-sister incest of recent times also occurred in this clan.18 Thus the relation of actual life to the ideal state of affairs, as mirrored in traditional morals and law, is very instructive.
II. Sorcery and Suicide as Legal Influences
In the preceding section I have described a case of breach of tribal law and discussed the nature of criminal tendencies as well as of the forces which set about to restore order and tribal equilibrium as soon as it has been upset.
We touched in our account upon two incidents — the use of sorcery as means of coercion and the practice of suicide as expiation and challenge. A more detailed discussion must now be devoted to these two subjects. Sorcery is practised in the Trobriands by a limited number of specialists — as a rule men of outstanding intelligence and personality, who acquire the art by learning a number of spells and submitting to certain conditions. They exercise their power on their own behalf, and also professionally for a fee. Since the belief in sorcery is deeply rooted and every serious sickness and death is attributed to black magic, the sorcerer is held in great awe, and, at first sight, his position lends itself inevitably to abuse and blackmail. It has been in fact frequently affirmed that sorcery is the main criminal agency, as regards. Melanesia and elsewhere. Speaking of the region I know from personal experience, N. W. Melanesia, this view represents one side of the picture. Sorcery gives a man power, wealth, and influence; and this he uses to further his own ends, but the very fact that he has much to lose and little to gain by flagrant abuses makes him as a rule very moderate. The chief, the notables, and the other sorcerers watch over him carefully; moreover not infrequently one sorcerer is believed to be put away by another on behalf of a chief and by the chief’s orders.
As regards his services, sold professionally, those in power — chiefs, men of rank and wealth — have again the first claim on him. When appealed to by lesser people, the sorcerer would not lend himself to unjust or fantastic requests. He is too rich and big a man to do anything outside the law and he can afford to be honest and just. When a real injustice or a thoroughly unlawful act is to be punished on the other hand, the sorcerer feels the weight of public opinion with him and he is ready to champion a good cause and to receive his full fee. In such cases also the victim, on learning that a sorcerer is at work against him, may quail and make amends or come to an equitable arrangement. Thus ordinarily, black magic acts as a genuine legal force, for it is used in carrying out the rules of tribal law, it prevents the use of violence and restores equilibrium.
An interesting denouement, illustrating the legal aspect of sorcery, is furnished by the custom of finding out the reasons for which a man has been killed by witchcraft. This is achieved by the correct interpretation of certain marks or symptoms to be seen on the exhumed body. Some 12 to 24 hours after the preliminary burial, at the first subsequent sunset, the grave is opened, the body washed, anointed and examined. The custom has been forbidden by Government Orders — it is ’disgusting’ to the white man, who anyhow has no opportunity nor any business to be there — but it is still surreptitiously practised in remoter villages. I have assisted several times at an exhumation and once, when it was done somewhat earlier, before the sun had set, I was able to obtain photographs. The proceedings are highly dramatic. A throng presses round the grave, some people rapidly remove the earth amid loud wailing, others intone magical spells against mulukwausi (corpse-devouring and man-killing flying witches) and spit over all those present with chewed ginger. As they come nearer the bundle of mats enshrouding the corpse, they wail and chant louder and louder, until the body is uncovered amid an outburst of screams and the throng sweep and press nearer. All urge forward to see it, wooden platters with coco-nut cream are given to those nearest to wash the body with, ornaments are taken off the corpse, it is rapidly washed, wrapped up again and buried. During the time it is out the marks have to be registered. It is not a formal affair and differences of opinion are frequent. Often there are no clear marks and still more often people cannot agree in their verdict.