Journal of Criminal Law and CriminologyVolume 31Issue 6 March-April Article 2

Spring 1941

Law-Ways of the Primitive EskimosE. Adamson Hoebel

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Recommended CitationE. Adamson Hoebel, Law-Ways of the Primitive Eskimos, 31 Am. Inst. Crim. L. & Criminology 663 (1940-1941)

LAW-WAYS OF THE PRIMITIVE ESKIMOS

E. Adamson Hoebell

1. Social Organization

"Too much thought only leads to

trouble . . . We Eskimos do not con-

cern ourselves with solving all riddles.

We repeat the old stories in the way

they were told to us and in the words

we ourselves remember . . . You al-

ways want these things to make sense,

but we do not bother about that. Weare content not to understand."2

Though the Eskimo does not subject

himself to self-analysis, nor consciously

try to formulate a logically consistentsystem of social behavior, when suchan analysis is attempted by the an-thropologist, Eskimo behavior is foundto make sense.

Anthropologists are unanimous intheir admiration of the Eskimos. Theirculture represents one of man's mostingenious devices for meeting the ex-igencies of a difficult physical environ-ment. Within the limits set by a mio-lithic3 culture, they reveal a remark-able precocity in subsistence tech-niques.

4

Yet, because of the limitations im-posed on a miolithic society existingself-sufficiently in the Arctic, the socialgroup is small in size and representa-

I Assistant Professor of Sociology and Anthro-pology, N. Y. University, New York City.

2 Rasmussen (1929). p. 69. The words are thoseof an Iglulik Eskimo.

3 Miolithic is the middle stone age: cf. 0.Menghin, Vorgeshichte der Steinzeit. Vienna.1931.

4 A- comprehensive and compact account ofEsikimo material culture may be found in anyof the following: Weyer, E., The Eskimo, Chap-ters. 1-VIII (pp. 11-127); Murdock. P., Our

tive of the organization of the world'srudest peoples.

Though we speak of "the Eskimos,"there is no Eskimo nation, or even

tribe. The largest effective Eskimo socialunit is the village community, or localgroup. The size of the local groupchanges with the seasons and the in-dividual whims of those who make up

the population, but rarely does the ex-plorer find more than a hundred Eski-mos to a community. No village siteis continuously occupied by its wholepopulation, for at all times some per-

sons are off hunting or visiting. Withpopulation density varying from some-thing like sixty-five to two hundredsquare miles of territory per person,settlements are far apart, but mobilityand the traveling -habit make inter-visiting the thing, so that the com-

munity personnel is ever changing.Each local group has its Eskimo des-

ignation, which is compounded of aplace name and the "muit" suffix, mean-

ing "people of."The practice of lumping the hundred

or more local groups into seventeenlarger geographical-cultural units is theethnologist's handiwork, not theEskimo's.

6

Primitive Contemporaries, Chapter VIII (pp.192-219); Forde D., Habitat, Economy, and Soci-ety, Chapter VII (pp. 107-128).

. By "rude" is here meant "simple.- which inturn is meant to imply not low intelligence, butmerely a low degree of complexity ih the cul-tural whole. Anthropology has been waggishlydehned as "The study of rude cultures by rudepeople.-

'; The Eskimo Groups and Distributions areas follows:

[663]

E. ADAMSON HOEBEL

1. Aleut: Atka on Andreanov, Rat and NearIslands. Unalaska on the Alaska Peninsula upto Cape Stroganov on the north and PavlovBay on the south, also on Fox and ShumaginIslands. Transplanted by the Russians to KodiakIsland.

2. Pacific Eskimos: Palugvirmiut, Nutjirmiut,Alukarrniut. Atjarniut, Tatitlarmiut, Kangirt-lurmiut, Tjanirmiut Shuqlurmiut. all locatedon Prince William Sound. Collectively dubbedChugach. Qiqertarrniut on Kodiak Island andthe nearby mainland.

3. Asiatic Eskimos: Nookalit at Cape Dezhnev.Aiwanat at Cape Chukotsk. Wuteelit at CapeUlakhapen. Siorarniut on St. Lawrence Island.

4. Bering Straits Eskimos: Aglemiut andNushagagmiut on Bristol Bay. Kuskokwigrniuton the lower Kuskokwim. Nunivagniut onNunivak Island and the coast opposite. Kaialig-iniut and Mlacemiut in the delta of the Kushkok-wim and Yukon. Kuigoagniut (Ikogmiut) bythe lower Yukon. Ungalardlermiut and Qaviasa-minu by Norton Sound. Tikerarmiut at PointHope.

5. Colville Eskimos: Kuvagmiut at KobukRiver. Nunatagmiut at Noatak River. Kangia-nermiut at Colville River. Utorqarmiut at Otu-kak River.

6. Point Barrow Eskimos: Kugmiut nearWainwright Inlet. Utqiarfingmiut at CapeSmyth. Nuvungmiut at Point Barrow.

7. Mackenzie Eskimos. Qiqertarmiut aboutHerschel Island. Kugoarniut at the mouth ofthe Mackenzie River. Kitikarjumiut in Liver-pool Bay.

8. Copper Eskimos: Kangerjuatjiamiut atMinto Inlet. Kangerjuarmiut at Prince AlbertSound. Piuvlermiut (Ahungagungarmiut) atDolphin and Union Strait. Nuvungmniut at CapeKrusenstern. Nagjugtormiut, Kidlinermiut,Qorlortormiut, and Agiarmiut at CoronationGulf. Eqalugtormiut at Dease Strait. Uming-magtormiut on Kent Peninsula. Ahiarmiut atQueen Maude Gulf.

9. Netsilik Eskimos: Ilvilermiut (Ugjuling-miut) on Adelaide Peninsula. Utkuhigjalingmiutat lower Black River. Netsinglimiut on BoothiaIsthmus. Arvertormniut at Bellot Strait. Arvili-juarmiut at Pelly Bay.

10. Caribou Eskimos: Qaernerrniut at BakerLake and Chesterfield Inlet. Hauneqtorrniut inRanken Inlet. Harvaqtorrniut on the lowerKazan River. Padlimiut south of the river tothe timber line.

11. Iglulik Eskimos: Aivilingmiut at RepulseBay and Roe's Welcome. lately on SouthamptonIsland. Iglulingmiut on the east coast of Mel-ville Peninsula and at Fury and Hecla Straits.Tununermiut at Pond's Inlet.

12. Southampton Eskimos: Sadlerrniut onSouthampton Island. Extinct in 1903.

13. South Balfinislanders: Akudnirmiut atHome Bay. Oqomiut at Cumberland Sound.Ungumiut at Frobisher Bay. Akuliarmiut and

-"The concept of culture areas has been de-veloped as a device for describing the typicalcommon characteristics of culturally related

Sikosuilariniut on the north side of HudsonStrait. Itivermiut on the east coast of HudsonBay.

14. Labrador Eskimos: Serqiterviut on theAtlantic coast. Tarrarminit on the south side ofHudson Strait.

15. Polar Eskimos: Northwest coast of Green-land from Humbolt Glacier to the northern partof Melville Bay. Local groups not identifiableas separate tribes.

16. West Greenlanders: The west coast ofGreenland between Melville Bay and Cape Fare-well. Though there are a great number of localj-roups, no tribal feeling exists at present.

17. East Greenlanders: Angmagssalingmiutat Angmagssalik Fjord and Scoresby Sound.

Frcm Birket-Smith. The Eskimos, 225-26.

From the Pacific, across North Amer-ica to the Atlantic these larger unitsare as follows: Aleut, Pacific, Asiatic,Bering Straits, Colville, Point Barrow,

Mackenzie, Copper, Netsilik, Caribou,.Iglulik, Southampton, South BaffinIslanders, Labrador, Polar, West Green-

land and East Greenland Eskimos.

Space, or locality, is the prime di-visional determinant, because the cul-ture is so uniform over such a wide

area; trait transition from one groupto another is so gradual that trait linesof demarcation cannot be readily

established.

This article deals wth Eskimo law,

and treats, therefore, the law of a cul-ture area.- However, due to variationsin different districts, it will be neces-

sary to ascribe illustrations and prac-tices to specific Eskimo groupings. This

may result in a partial blurring of thepicture, but the scarcity of adequate

information from any single groupmakes such a procedure a necessity.

Though the Eskimo local group is byits nature territorially defined, exten-sive local endogamy builds up strong

kinship ties within the community;

tribes.' (Boas, "Anthropology," in the Ency-clopedia of the Social Sciences, II. 105 b.).

LAW-WAYS

social solidarity results from the com-bination of consanguineal and localitysentiments.8 The intimacy within thegroup is intensified by the nature ofthe household. With the exception ofthe Polar Eskimo, throughout all Eski-moland two or more families crowd(i.e. about twenty persons to a hut')into a single dwelling in the wintersettlements.

Within the household each family isapparently autonomous, the adult malesworking on a cooperative basis. Ideo-logically, each married man is paterfamilias. He may deal with his wifeand children as he sees fit, but mostmen are inclined to act with considera-tion. Public gossip and religous beliefplace a restraint on those who inclineotherwise. So, in the education andtraining of the young, example anddemonstration prevail, while corporalpunishment and scolding are avoided.Each Eskimo has a name-soul, whichhas been inherited from a deceased an-cestor. The child needs this soul toguide and protect it, for the self-soulswith which the child is born are sofoolish and inept that the baby needsan experienced adult soul to carry itthrough the early years of its parlousexistence. The adult soul is an ances-tral soul, therefore the child is priv-ileged; for to strike, or even to scold,a child may annoy its patron-spirit,which forthwith abandons its protege.

Riding in its mother's parka, peeringat the world froni under its mother'shood, the Eskimo child is intimately

"Jenness, 86.

9 Weyer, 206.10 Anderson and Eells, 89 b. In western Alaska

associated with adult life from itsearliest years on. No nursery or formal

school is necessary, for the infant's

home is a one-room iglu "where the

whole range of domestic economy and

family experience passed before him

and gave him a part in the enterprise."' "

Skills are learned from father and

mother as soon as the child is physically

able to master them, the learning being

facilitated by minature weapons, dog

sledges, kayaks, lamps and all other tools

used as toys.

So direct and intimate experience in

so limited a social world, in which

sharing and economic cooperation are

the supreme virtues, makes all individ-

uals (excepting the abnormals) ex-

tremely sensitive to social pressure. The

fundamental problem of control is

solved at this point. It means that the

need for an elaborated law system is

forthwith forestalled. It is sufficient,

for the most part, that ridicule and

disapproval in "public opinion" are

effective goads to conformity. This ac-

counts for Birket-Smith's judgment, "if

there is anything that can disturb the

mind of the Eskimo, it is the prospect

of standing alone against the crowd."'1

II. Property Notions

The principle of intra-communal

inter-dependence is reflected in all Es-

kimo folkways of material property.

Land is not property in any form. Nor

is there local group sovereignty applied

to territory. Any one, whatever hislocal group, may hunt where he pleases,

young boys spend many hours in the kazigi(men's community club-house) where the adultmales gather and work when not out hunting.

11 Birket-Smith (1936), pp. 54-55.

E. ADAMSON HOEBEL

for the idea of restricting the pursuitof food is repugnant to all Eskimos

except those of western Alaska, where

individualistic property notions of the

Northwest Coast Indians are said to have

influenced Eskinio practices. Typical are

the ethics of the Labrador Eskimos,

among whom a family, though it has

been in possession of a fishing station for

a number of years, would move to an-

other spot rather than start a quarrel

with a new arrival.1-

Eskimo interest is in game per se;

land is ignored and non-conceptualized:

therefore, not property, neither com-

munal, nor private.

Food is privately owned. But the

fresh-killed game is subject to many

special rules of communal division.

Thus, the Baffin Islander: "who first

strikes a walrus receives the tusks and

one of the forequarters. The person

who first comes to his assistance re-

ceives the other forequarter; the next

man, the neck and head; the following,

the belly; and each of the next two,

one of the hind quarters."' Multi-

farious rules of this sort abound

among all Eskimos. Each set of rules

establishes as a whole, by establishing,

detail by detail, a series of first rights,

a sort of a public lien on all game.

Birds, fish and most small game are

not subject to such claims.

At all times, however, visitors must

be fed. And he who has no food

visits! Proprietory rights to food exist

in title, but hospitality negates any-pos-

sible gustatory exclusiveness.

12 Hawkes. 25. And even for western AlaskaDr. Margaret Lantis reports that when Eskimosfrom the mainland came to hunt on NunivakIsland. it never occurred to the Nunivakers toobject to or apparently even to resent, the intru-

Chattels of all sorts are, on the otherhand, subject to personal proprietor-ship. This involves the privileges ofdisposal of one's goods through gift,sale, barter, or testament. But, as inthe case of food, proprietory rights aresubject to broad socializing conditions.In Greenland a person already pos-sessing a tent or umiak (large skinboat) may not ifiherit either of thesearticles, on the ground that he cannotuse more than one. So also on BeringStrait, "if a man borrows from an-other and fails to return the article, heis not held to account for it. This isbecause if a person has enough propertyto enable him to lend it, he has morethan he needs."" The borrower is in-deed expected to return what he hasappropriated, but is not liable if he failsto do so.

Only in western Alaska does social

custom permit an individual to accumu-late non-productive capital. The Alas-kans, who observe elaborate birth andmemorial festivals in common with theIndians of the Northwest Coast, usethese ceremonial occasions as instru-ments for lavish gift-giving. A manmust be able to accumulate propertyto be able to give it. The men whoare astute enough to be able to collectproperty for distribution all bear thetitle umialik, "boat owner," synony-mous in meaning to "rich man," oreven "leader." For he who owns theumiak gets the greater share of thesea chase, and more than that, can or-ganize trading expeditions.

sion. though the supply of game was limited.(Oral communication.)

Boas 1907). p. 116.'Nelson. 304.

LAW-WAYS

However, Eskimo collectivism ulti-mately holds all persons to the commonlevel of wealth, even in Alaska. A manis permitted to accumulate propertyonly so long as he is held a publicbenefactor-which means that what hehas gained he gives away. He whodoes this is encouraged in his effortstowards leadership. But woe to himwho accumulates too much property,who keeps his gains for himself. He isbelieved not to be working for the com-mon good. In consequence he is hated.Ultimately, he is forced to give a feaston pain of death. If he is executed, hisproperty is divided among all the vil-lage, his family excluded. If he givesa feast he must distribute his propertywith his own hand.

By bullying and terrorism, anumialik may put off the day of reckon-ing, especially if he keeps his personalfollowing loyal with largesse, but hisposition is always precarious, and heultimately pays with his goods or/andhis life.' 5

Thus, in material goods the Eskimospractice commonism at least, if notcommunism. Supernatural formulas,however, are Eskimo incorporeal prop-erty of the most abstract sort. Amuletshave value, not as decorative objects,but for their intangible potency. Themarket value of such incorporeal prop-erty is great if the amulet or formulais of proved potency in Eskimo expe-rience. In parts of Greenland theefficacy of the power depends partlyon the price paid for the "copy-right"16

-a theory of value not unknown tous! The Iglulik and others may effect

'3 Nelson, 305.I Schultz-Lorentzen, 241.

transfer of incorporeals by donationfor use after death, in which case thebequeather must whisper the phraseswhile yet living, the beneficiary toattain unconditional privilege of useonly after the death of the donor.

So far as one can tell from availablesources, little legal action stems frommatters of property. Rather, the focalpoint seems to be violence to the person.

M. Leadership

The aboriginal Eskimos had no gov-ernment. Two types of functionariesprovide a degree of social direction, aminimum of which is present in allsocieties. These persons are the head-man and the shaman. The Eskimoheadman is best hunter of the com-munity, whose unflagging energy andsuperior skill sets the pace for allothers; he who, as well, possesses thepersonality to influence others toacceptance of his judgment. He it iswho is "tacitly, half-unconsciously rec-ognized as first among equals." Amongthe Caribou Eskimos he is calledihumatak, "he who thinks" (implyingthinking for the others); among theUnalit they call him anaiyuhok, "the

one to whom all listen," or as amongthe Baffin Islanders, pimain, "he whoknows everything best." In westernAlaska the headmen are those who "bytheir extended acquaintance with thetraditions, customs and rites connectedwith the festivals, as well as beingpossessed of an unusual degree of com-mon sense, are deferred to and act as

chief advisers of the community. ' '1 '

17 Rasmussen (1927), p. 157.1-Nelson, 304.

E. ADAMSON HOEBEL

Headmen simply emerge to theirpositions. There is no election to office,nor any other formal process of selec-

tion-a system which is difficult for

us to understand, until we reflect on

why a political boss is boss, or a gang-

leader is chief. Thus, among theEskimos leadership is not an office to

be won; it has no tangible objectifica-

tion. It is position solely, granted bythose who give acknowledgment to the

leader by following his lead.

The shaman (or angakok) has in-

fluence by virtue of his supernatural

powers, for he is the medium who

interprets and influences the mood and

will of the manifold spirit beings.

The paucity of legal rules which will

be noted for the Eskimos is amply com-

pensated for, and in part caused by,

the embracing religious norms which

control and direct Eskimo social and

economic life. Tabu confronts the

Eskimo on every hand. Each step in

daily and seasonal activity is ringedwith tabu. Violation is sin. The

Eskimos in their own terms are most

sinful.

"Apprehension of unpredictable mis-

fortunes," Rasmussen writes, "drives

the Eskimo to cling to his belief that

they are caused by spirits, and to nur-

ture the hope that by discovering thedesires of the spirits he may forestall

their designs." The tabus are mostly

directed to spirits of animals, or to thedeities protecting them, in order to

guard against conduct offensive to the

spiritual sensitivities.

The direct personal consequence ofsin is illness, which is caused by the

guilt of the transgression adhering to

the offender kespecially to his souls)in the form of a dark vapor. It is the

sin stigmata. Illness may not alwaysresult, but ill-luck in hunting always

does, because the vapor is noxious to

the animal spirits. In their disgust the

animals go into hiding, and in conse-

quence, the community starves. In

spite of this dire threat to the com-

munity well-being, the violation of

tabus is not normally a crime, since

other than legal measures are at hand

for protective action.

Confession in a public gathering

removes the sin stigmata and in normal

circumstances suffices. Other times, an

act of penance ordered by a shaman of

standing will do the trick.

Confession, in a small community

group like the Eskimo, is a healthy

and effective instrument of control.

When used as by the Caribou Eskimos

it will be seen to provide for effective

publicity and a general social release

-for vindictiveness is lacking and good

will prevails. These Eskimos antici-

pated the Oxford Movement, as the

following quotation from Rasmussen

will show:

The shaman, who is dancing, is the

interrogator. He sings:"It is you, you are Aksharquarnilik,

I ask you, my helping spirit, whencecomes the sickness from which this per-son is suffering?. Is it due to somethingI have eaten in defiance of taboo, latelyor long since? Or is it due to the onewho is wont to lie beside me, -to mywife? Or is it brought about by thesick woman herself? Is she herself thecause of the disease?"

The patient answers:"The sickness is due to my own fault.

I have but ill fulfilled my duties. Mythoughts have been bad and my ac-tions evil."

LAW-WAYS

The shaman interrupts her, and con-tinues:

"It looks like peat, and yet is notreally peat. It is that which is behindthe ear, something that looks like thecartilage of the ear? There is some-thing that gleams white. It is the edgeof a pipe, or what can it be?"

The listeners cry all at once:"She has smoked a pipe that she

ought not to have smoked. But nevermind. We will not take any notice ofthat. Let her be forgiven! tauva!"

The shaman:"That is not all. There are yet fur-

ther offences, which have brought aboutthis disease. Is it due to me, or to thesick person herself?"

The patient answers:"It is due to myself alone. There was

something the matter with my abdomen,with my inside."

The shaman:"I espy something dark beside the

house. Is it perhaps a piece of amarrow-bone, or just a bit of boiledmeat, standing upright, or is it some-thing that has been split with a chisel?That is the cause. She has split a meatbone which she ought not to havetouched."

The audience:'"Let her be released from her of-

fence! tauva!"The shaman:"She is not released from her evil.

It is dangerous. It is matter for anxiety.Helping spirit, say what it is thatplagues her. Is it due to me or to her-self?"

Angutingmarik listens, in breathlesssilence, and then speaking as if he hadwith difficulty elicited the informationfrom his helping spirit, he says:

"She has eaten a piece of raw, frozencaribou steak at a time when that wastaboo for her."

Listeners:'It is such a slight offence, and means

so little, when her life is at stake. Lether be released from this burden, from

19 Rasmussen (1929), pp. 131-140. (Note: re-

this cause, from this source of illness.tauva!"

The shaman:"She is not yet released. I see a

woman over in your direction, towardsmy audience, a woman who seems tobe asking for something. A light shinesout in front of her. It is as if she wasasking for something with her eyes, andin front of her is something that lookslike a hollow. What is it? What is it?Is it that, I wonder, which causes herto fall over on her face, stumble rightinto sickness, into peril of death? Canit indeed be something which will notbe taken from her? Will she not bereleased from it? I still see before mea woman with entreating eyes, with sor-rowful eyes, and she has with her awalrus tusk in which grooves have beencut."

Listeners:"Oh, is that all? It is a harpoon head

that she has worked at, cutting groovesin it at a time when she ought not totouch anything made from parts of ananimal. If that is all, let her be re-leased. Let it be. tauva!

Shaman:"Now this evil is removed, but in its

place there appears something else; haircombings and sinew thread."

The patient:"Oh, I did comb my hair once when

after giving birth to a child I ought notto have combed my hair; and I hid awaythe combings that none might see."

Listeners:"Let her he released from that. Oh,

such a trifling thing; let her be re-leased. tauva!"

And so, on and on and on.'"

Tabu among the Eskimos rarely gives

rise to legal action, even though the

consequences of sinful behavior may

be believed to result in famine and

starvation for the entire community.

Only one exception has been recorded

by writers on Arctic people. A Labra-

ligious confession is absent among the EastGreenland Eskimo.).

E. ADAMSON HOEBEL

dor community banished an erring girlin dead winter because she persisted

in eating caribou and seal together.

The dietary tabus of the Eskimo forbid

this because they are based on the

fundamental principle of separation of

sea and land creatures, including all

activities pertaining to each, since the

spirits of either group are insulted at

forced association with spirits of theopposite type. The repeated transgres-

sion of the basic tabu made the girl acriminal menace to be cut off from

the community.'"

Beyond his functions as inquisitor

and displayer of heroic magic in seance

showmanship, the shaman among mostEskimos possesses a quasi-legal power

related to the sin concept. This lies in

his authority to command penance.

Penance for a woman may be cohabi-

tation with the shaman (which in some

groups is also voluntarily sought bybarren wives) or with some male

designated by the shaman. More dras-

tically, a married couple may be

ordered to separate, with the specifica-

tion sometimes added as to whom they

must remarry.21 The lightest penance

is abstention from foods designated by

the shaman.

The penance is a quasi-legal decree

for the reason that the sole alternative

for the sinner is voluntary exile fromthe group, or forcible expulsion.

Forcible expulsion as a last resort may

properly be considered a legal sanc-

tion. The legal aspect, be it noted, is

not in the violation of the tabu, butrather, the refusal to do atonement.

The relative prestige and power of

2," Hawkes. 133.

shaman and headman in any Eskimovillage depends entirely upon theirpersonalities and effectiveness. An out-standing hunter may out-rank allshamans, but not necessarily so. Ora man may be the leader by his com-bination of shamanistic ability, huntingand leadership skills.

IV. Legal Homicide

Homicide is not a legal absolute. TheEskimos, for example, recognize severalforms of homicide as legally acceptablewhich our law defines as criminalmurder.

Infanticide, invalidicide, senilicideand suicide are all forms of homicideaccepted by Eskimo society. They areall, in whole or in part, responses tothe basic principle of Eskimo societythat only those may survive who areable (or potentially able) to contributeactively to the subsistence economy ofthe community.

An infant is only potentially produc-tive. It is up to each family to decidefor itself whether its present resourcesare sufficient to nourish the infantthrough its non-productive years. Therewill be no social blame if a negativedecision is reached.

Children subsist at their mothers'breasts for two to four years at least,and frequently much longer. The needfor mobility and the unceasing effortrequired by woman's work make itdifficult, if not impossible, for themother to nurse more than one childat a time. Surplus children are subjectto disposal. This is effected by offeringthe child for adoption, and if there are

-" Turner. 199-200.

LAW-WAYS

no takers, by infanticide. Childless* couples are eager to adopt in order tohave a back-log against old age. Inwestern Alaska survivors to makememorial offerings are desirable. 2 Anabandoned child may be adopted with-out further ado. Children offered foradoption are exchanged for a gift.2::

Female children are the most fre-quent victims of infanticide because oftwo discriminating factors. (1) Themale is the primary food-getter. (2)The tendency towards patrilocal resi-dence means that the adult female willon marriage more often be lost to herparents than will be a male child.Hence, the baby girl is a poorer riskas an investment in old age security.The selective effect on the populationis to be seen in the data broughttogether by Weyer.24 In fourteenEskimo groups outside of East andSouth Greenland (where infanticide israre) the ratio of girls to boys amongchildren under ten years of age rangesfrom forty-two to ninety-two girls toeach hundred boys. Among adults theproportions are rever~ed. So high isoccupational mortality among men,that in twenty Eskimo groups onlythree had fewer women than men,while in half the groups there weremore than one hundred and ten womento a hundred men. Were it not forinfanticide there would be one and ahalf times as many adult females asthere are males in the average Eskimocommunity.

Senilicide and invalidicide are rooted

22 Nelson, 364.22 Jenness. 91. Whether this is the rule among

all Eskimos is not determinable from the litera-ture.

24 Weyer, 134-35.

in the same conditions as infanticide.Though others may decide that theday of an aged one is done, the requestfor death comes usually from the oldperson. The act must be performed bya relative, else it is apt to be consid-ered murder. The deed of the relativeis rationalized as a proof of devotion,or of righteousness, as in the case ofthe East Greenland woman who led ablind neighbor to the suicide cliff (seebelow) and virtuously told Holm howshe had refused pay for her services. -

Stabbing, hanging, strangulation,blocking up in a snow house to freezeand starve, and abandonment in theopen are all used by various Eskimos."

Though infanticide is casually ac-cepted, according to reports on theEskimos, senilicide gives rise to greateremotional conflict. Not infrequentlythe aged one has to insist on his "right"to be killed. Death being looked uponas a mere transition and considered asimminent at all times, the executionitself is not feared, but the deliberate

destruction of one held with affectionis not done with apparent ease. Thefolklore of the Iglulik shows what theinner feelings are, for though no overtonus is placed on those who destroytheir aged, the myths which "pointvery clearly the difference between

right and wrong, generally providesome miraculous form of rescue . . .with a cruel and ignominious death for

those who abandoned them.' 7

Suicide by the senile, the invalided,

Holm, 74.2f; The exact distribution of the several meth-

ods cannot be determined.27 Rasmussen (1929). p. 160.

E. ADAMSON HOEBEL

and hunters faced by drowning in astorm, is also wide-spread.

All these forms of homicide are legalin the Eskimo's point of view-accept-able homicide-because the strainupon the community well-being iseased through the act. No externaltension results since there is no statusstruggle involved. Neither the individ-ual nor the kinship group is challengedby out-group forces. The loss of theperson can be gracefully accepted with-out need for retaliation or legal satis-faction. To the individual the transitionfrom death to after-life is made easyin the belief that all who die violently,as well as the mother lost in child-birth,are transported directly to the best ofthe Eskimo heavens. The Moon Spiritof the Iglulik adds his comfort in thegentle urging: "Come, Come to me!It is not painful to kill yourself. It isonly a brief moment of dizziness."

Cannibalism induced by starvation islegally acceptable. Eskimo anthropoph-agy is non-epicurean and non-religious.To the Eskimo, it is a necessary evil,regrettable, but valuable.

"Many people have eaten humanflesh," admitted a native of King Wil-liam Island, "but never from any de-sire for it, only to save their lives, andthat after so much suffering that inmany cases they were not sensible ofwhat they did... But we who have en-dured such things ourselves, we do notjudge others who have acted in thisway, though we may find it hard. whenfed and contented ourselves, to under-stand how they could do such things.But then again, how can one who is in

- Rasmussen (1927). pp. 223-224.

good health and well fed expect to un-derstand the madness of starvation? Weonly know that every one of us has thesame desire to live.'2

Thus the Eskimo makes no legalcapital of in-group cannibalism. Whencannibalism is preceded by homicide itis possible that the homicidal act mayhave legal repercussions. That, ofcourse, depends on who kills whom.Most commonly the frozen flesh ofthose already dead from starvation isconsumed. Not unusually, however,parents kill their own children to beeaten. This act is no different from in-fanticide. A man may kill and eat hiswife; it is his privilege. Killing and eat-ing a relative will produce no legal con-sequences. It is to be presumed, how-ever, that killing a non-relative for foodis murder. Yet it is not certain that thepresumption is borne out. No revengecases arising out of anthropophagoushomicide have been found. On the otherhand, Boas cites a voracious BaffinIslander who killed and ate twelve per-sons in time of famine, without indicat-ing any legal consequences.29

Cannibalism, therefore, is an emer-gency measure, socially recognized, ac-ceptable and regrettable.

V. Homicide and Sexual Competition

The cooperation in food-getting andthe use of property which is so markedin Eskimo social life is balanced by in-tensive competition in the sexual field.Wife-lending and reciprocal sharing ofspouses are cooperative features of Es-kimo marital-sexual life wherein thefundamental marital status of the wife

-- Boas (1907). p. 470.

LAW-WAYS

is not altered; the act being no morethan a gesture of friendly hospitalitypermitted by the husband.

Yet, in spite of the wide latitude thuspermitted for varied sex experience, theEskimos enter into continuous com-petition and conflict for the possessionof women. This struggle takes the formof adultery and appropriation of an-other's wife as own wife. It is consid-ered adultery to have intercourse witha married woman without previous orimplied consent of the husband. It isappropriation of another's wife when amarried woman takes up her abodewith another male. There is no cleardefinition of when marital affiliationceases-i.e., when shift of marital statusof a woman from one male to anotheris divorce and remarriage, or when itis appropriation of another's wife-be-cause neither marriage nor divorce aregiven ceremonial objectification.

A case- from East Greenland illus-trates the connubial ebb and flow.

"S ... , a man of thirty, was an anga-kok and a smart hunter. Last springhe had two wives. For one of them,P...., he had given her father a knife.He had been married to her for severalyears and had had two sons with her.A...., the other wife, was taken fromhim soon after marriage by U.... in re-venge for S .... having been the oneto urge I .... to take U....'s formerwife ......... When U.... found hiswife had gone he was approached byA.... 's mother who urged him to takeher daughter away from S.... who, shesaid, could not support two wives.A.... was willing to leave S.... be-cause he habitually scolded and abusedher..... So A.... left him for U.....

"S.... unexpectedly brought back anew wife, Ut..... He was her seventhhusband. She had left her sixth hus-

;-,Thalbitzer (1914). pp. 71-73.

band because she had, by her violentimpatience, killed the child she wasabout to deliver and had, for this, beenmade to feel like a second wife. S....had won her at the game of "Puttingout the Lamps," and had carried heroff, apparently by force.

"When P.... saw the new wife shewas very angry and began to scold herhusband. He flew into a rage, beather and even stabbed her in theknee ........

"A few days later Ut.... seized thechance to leave S.... and travel withsome visitors to another settlement.There she immediately married a youngman (M .... ). This eighth marriage ofhers lasted but three weeks, when sheleft to go back to her sixth hus-band ........

"A few days after Ut .... had leftS...., his housemate P .... caught himtrying to get hold of his wife. P.... isnow S. ... 's enemy and watches himcovertly.". o

This case, which is typical, shows

how either man, or woman, can end a

marriage on whimsy. Remarriage is

expected to follow. It matters, how-

ever, whether the husband has adjusted

his mind to the fact of divorce before

his wife takes up abode with another

male. Such is the difference between

divorce followed by remarriage and re-

marriage which results in divorce. The

latter involves always some degree of

aggressive behavior on the part of the

male who takes the woman. The pos-

session established by the successful

male is an affront to the husband's ca-

pacity to hold a wife-a challenge to

his "dominance prestige." In such a

competitive situation it breeds suspi-

cion, friction, ill-will and dispute.

The arena of sex is the primary

breeding ground for trouble and law.

Rasmussen found that all of the adult

males in the fifteen Musk Ox Eskimo

E. ADAMSON HOEBEL

families had been involved in murder,

either as principals or as accessories;

furthermore, "the motive was invari-

ably some quarrel about a woman. ' :

Freuchen recounts several Polar Es-

kimo murders m each of which woman

trouble is a factor. The murder of

Sekusuna by Quanguaq is illustrative.

"S .... had been a great one to teasepoor Q .... (who was a young widow-er). He would taunt him by suggesting,when they were hunting together, thatthey go home to their wife now ........S.... also tantalized the poor man bypromising him he might sleep with hiswife when they returned, but wheneverQ .... attempted to take advantage ofthis favor, he found the woman's lawfulhusband at her side. The husbandthought this a great joke ........ Be-sides all this, S.... beat his wife inorder to demonstrate to Q.... the manyadvantages of being happily married.He beat her only when the widowerwas present.

"One day in the spring ........ Q....drove his harpoon straight through thebody of his friend S ........ Q....came home with both sledges andteams. He drove straight to the deadman's wife and told her that he wasgoing to stay with her ........ Thewidow meekly accepted the alteredstatus."3

Cases from the Iglulik, Caribou, andCopper Eskimos respectively, indicate

to what homicidal extremes the pres-

tige drive in woman-seeking can lead:An Iglulik case: When the wife of

Q...., a strong man, died, he gatheredsome friends to go to the neighboringvillage where lived K...., another manknown for his physical prowess, thereto abduct K.... 's wife. The vicissitudesof the road overcame all of the partysave Q.... and his two brothers. Theothers turned back. (Possibly, becausethey did not have stomach for the ven-ture).

J1Rasmussen (1927), p. 250.:- Freuchen, pp. 297-99.

K .... was absent hunting whenQ .... arrived at his household, soQ .... boldly established himself in themenage as husband to K.... 's wife.Upon K.... 's return he was taunted bythe insulting usurper. K.... made noimmediate issue, but retired to a nearbyhut to sing magical songs, with whichhe put Q.... to sleep.

Thereupon, he entered his house tostab Q ...., his antagonist. The butch-ering done, he led his wife from thehouse. Q.... l6aped in pursuit, spout-ing blood, and fell dead. K .... 's vil-lagers then attacked Q. ... 's brothers.One brother died there; the other es-caped to his home village.

Though often urged to take venge-ance, this one brother never felt strongenough to try it.33

A Caribou Eskimo case: I...., aheadman of Padlermiut, was rebuffed bythe parents of a girl he sought as hiswife. To have his way and to show hispride he laid an ambush by the doorof her family's hut, shooting down thefather, mother, brothers and sisters,seven or eight in all, until only the girlsurvived, whereupon he took her towife.

Rasmussen, who knew this man, con-sidered him "clever, independent, in-telligent, and a man of great authorityamong his felldws. ' 3

A Copper Eskimo case: In 1905 aNetsilingmiut couple moved over to set-tle among the Asiagmiut, with theirthree grown sons. Of these sons, theeldest had an Asiagmiut wife. A localnative declared he would have regularsexual intercourse with the woman.The husband did not want to acquiesce,but was not strong enough to preventthe aggressor, and in consequencc, hespeared his own wife.

Immediately, the husband was seizedand killed by his father-in-law andsome henchmen. In defending hisbrother, a younger son of the Netsiling-miut family stabbed the avengingfather-in-law in the back, killing him.The boy was then seriously woundedhimself.

.: Rasmussen (1929), pp. 297-98.:.4 Rasmussen (1927), pp. 60-61.

LAW-WAYS

The Asigmiut, considering the situa-tion, decided that wisdom counselledthe complete eradication of the killer'sfamily in order to forestall blood re-venge. The remaining son, sensing thedanger, escaped, though the father wasbrought to his doom.3s

Murder springs from other motivesas well. Among the Alaskan Eskimos

on the West coast, Nelson reported thatmurder for economic gain was so reg-

ular that among the Malemute "only

relatives or formal friends dared tohunt together" for fear one huntingpartner might slay the other.s6 Jenness

reports trivial insults as the cause ofseveral Copper Eskimo murders, asone woman stabbing another in thestomach because of a taunt of sterility

(this is the sole reported instance of

murder done by a female among the

twenty-seven specific cases found in

the literature), or a man disembowel-ing another to demonstrate the false-hood in the victim's assertion that the

slayer did not know how to make asharp knife.37

Murder results quite regularly in the

murderer taking over the widow andchildren of the victim. In many in-stances the desire to acquire the woman

is the cause of the murder, but wherethis is not the motive, a social prin-ciple requiring provision for the be-reaved family places the responsibilityupon the murderer.

Blood revenge executed by kinsmenof a murdered party is expected among

all Eskimos (so far as the data go),save the Copper, Iglulik, and East

3 Jenness, p. 95. Dr. Lantis notes that amongthe Nunavak Islanders, where family life is morestable, murder for seixual reasons is much lessfrequent than among the eastern Eskimos. (Oralcommunication to the author.)

Greenlanders, among whom it is op-tional according to the "strength" ofthe surviving kinsmen. This, coupledwith the protectorate principle means,as Birket-Smith notes," , that a manwill raise as his own son, the son of his

victim, a boy who, when he grows tomanhood, may be the one to exact blood

vengeance upon his foster-father.The execution of blood revenge may

be immediate or long postponed. Inthe latter case, a Central Eskimo mur-derer may live on amicable terms withthe people who must take vengeanceon him, until one day, perhaps afteryears, he is suddenly stabbed or shotin the back; or if the revenge-takerswish to be more sporting, he is chal-lenged to a wrestling match, to suffer

death if he loses, and reputedly, to havethe privilege of killing another of thevictim's family if he wins. 39

Among all Eskimos except WestGreenland where the avenger an-nounced the offense for which the vic-tim was about to die, revenge is ex-

acted by stealth while the murdereris busily engaged. H. K~inig calls at-tention to the fact that the old Scandi-

navian law demanded the verbal pro-nouncement of the death warrant be-

fore the slaying of an outlaw andsuggests that the practice was trans-

mitted by them to the GreenlandEskimos of this locale.-

VI. Criminal Homicide

A killer who kills several persons atonce may enhance, not injure, his

*'. Nelson, op. cit., p. 301.37Jenness, op. cit., pp. 94-95.::. Birket-Smith (1936). p. 152.%' Boas (1888), p. 582.4,1 Ksnig (1925). p. 306.

E. ADAMSON HOEBEL

prestige in the community. Not so, the

homicidal recidivist. He becomes a so-

cial menace, liable at any time to strike

down another victim. As a general

menace, he becomes a public enemy.

As a public enemy, he becomes the ob-

ject of public action. The action is

legal execution.

The single murder is a private wrong

redressed by the kinsmen of the vic-tim. Repeated murder becomes a pub-

lic crime punishable by death at the

hands of an agent of the community.The classic case has been given by

Boas, who writes that:

"The fact that the custom is foundamong tribes so widely separated willjustify a description of those eventswhich came under my own observation.There was a native of Padli by thename of Padlu. He had induced thewife of a native of Cumberland Soundto desert her husband and follow him.The deserted husband, meditating re-venge, . . . visited his friends in Padli,but before he could accomplish his in-tention of killing Padlu, the latter shothim. . . . A brother of the murderedman went to Padli to avenge the deathof his brother; but he also was killedby Padlu. A third native of Cumber-land Sound, who wished to avenge thedeath of his relatives was also mur-dered by him.

On account of all these outrages thenatives wanted to get rid of Padlu, butyet they did not dare to attack him.When the pimain (headman) of theAkudmirmiut learned of these eventshe started southward and asked everyman in Padli whether Padlu should bekilled. All agreed; So he went with thelatter deer hunting . . . and ... shotPadlu in the back."'4I

Similar practices exist among all the

Eskimos reported on, save the East

Greenlanders. The important element

-1 Boas. op. cit.. p. 668.

is that the executioner, who under-takes the slaying, seeks and obtainsthe community approval for his act ofriddance. When such approval is ob-tained no blood revenge may be takenon the executioner, for his act is notmurder. It is the commission of a pub-lic sentence, for and in the name of thepeople, and the responsibility is theirs.Furthermore, revenge is precluded forthe simple reason that unanimous con-sent involves the consent of the mur-derer's relatives, if any be in the com-munity.

As a double safe-guard against bloodrevenge on the executioner, close kins-men may be called upon to carry outthe community will. In 1921, for in-stance, the headman of the Arvilig-juarmiut was deputed by his fifty-fourco-villagers to execute his own brother,who occasionally went berserk, havingkilled one man and wounded others inhis fits. The headman went reluctantlyto his brother and explaining his posi-tion, asked how he chose to die, bysteel, thong, or shot. The brother chosethe latter, and was killed on the spot.4 2

At Point Barrow, on the north Alas-kan coast, a brother and an uncle shotand killed their kinsman who had mur-dered ten to twelve victims whom hehad ambushed on his march from Her-schel Island to the Point. The manhad been publicly whipped by thewhaling captains at Herschel on injunc-tion of the local missionary, for thereason that he had exposed a baby todie. All the Eskimos had reacted withdisgust to such unheard-of punishment,for to their mind, "to whip a man does

4: Rasmussen. op. cit., p. 175.

LAW-WAYS

not cure him." But even so, the manhad become a homicidal lunatic to beremoved.

4 3

It is generally reported that de factomurder is not essential in establishingone as a public enemy. Threats andabuse of others may lead to the sameend. The obnoxious person is firstostracized, then liquidated if he con-tinues his bothersome behavior.

VI. Criminal Sorcery and Perfidy

Sorcery and chronic lying are placedin the same category as homicidal reci-divism. Because the sorcerer is a killer,and because the perfidious man isthought to be a public danger, bothare liable to execution at the publiccommand. Outside of West Greenland,a sorcerer may be killed by the rela-tives of a victim of sorcery, when ashaman names the sorcerer as guilty.

In West Greenland the natives treatall sorcery as an offense against thegroup punishable by death at the handsof the group.4 ' Widows without pro-tectors and grown men without sonsare usually singled out as sorcerers bythe shaman. They are easy marks andwould have no survivors to protectthem, so in consequence, the commu-nity task is easy enough.

Boas reports for Baffinland the de-struction of a sorcerer "who was at-tempting to kill a lot of people bymagic." The community talked it over,decided he should die, and so he wasstabbed in the back by an old man, whowas thanked for the job.4 - Rasmussennoted a similar case from the Polar

43 Stefansson, oral communication to theauthor.

44 Birket-Smith (1924), p. 139.'.- Boas (1907). pp. 117-18.

Eskimo,'" while Birket-Smith observesfor the Eskimo in general that execu-tion is "not a punishment for practic-ing witchcraft, but merely a riddanceas in the care of incorrigibles and sickand aged."

'47

The execution of liars is reportedfrom Greenland to Alaska, but noactual cases are given. Nor is the rea-son for such drastic action given.

VIII. Evidence

In the small Eskimo community thequestion of evidence in disputes doesnot raise a great problem; sufficientdirect information seems usually to beat hand. When fact is not known, how-ever, resort may be had to divination,but apparently only when an elementof sin enters into the offense, or asamong the Copper Eskimos, at least,when a death through sorcery has oc-curred." Divination is by weighing.A thong is looped around the head ofa reclining person, or a bundled coat,or even the diviner's own foot. Whenthe proper spirit has entered the ob-ject, the questions may be put. As itis hard or easy to lift, the answer is"yes" and "no." In Nunavak, according

to Dr. Lantis, divination is had by peer-ing into still water which has been

poured into the abdominal cavity of adressed animal. The image of the guilty

person may be seen.

IX. Regulated Combat

Homicidal dispute, though prevalent,is made less frequent in many Eskimo

4G Rasmussen (1908), p. 156.47 Birket-Smith (1936), p. 151.4, Jenness, op. cit., pp. 212-17.

E. ADAMSON HOEBEL

groups by recourse to regulated com-

bat-wrestling, buffeting, and butting.Buffeting is found among the central

tribes along the Arctic circle from

Hudson Bay to Bering Straits. Wrest-

ling occurs in Siberia, Alaska, Baffin

Land and Northwest Greenland . 4

Head-butting as a feature of the song

duel occurs in West and East Green-land. All three forms are a type of

wager by battle.

In buffeting, the opponents face each

other, alternately delivering straight-

armed blows on the side of the head,until one is felled and thereby van-

quished. Butting accompanies the sing-

ing in the song duel in Greenland. The

singer, if so inclined, butts his op-ponent with his forehead while deliv-

ering his exculpation. The opponent

moves his head forward to meet the

blow. He who is upset is derided by

the onlookers and comes out badly in

the singing. As juridical forms, box-

ing and butting are more regulated

than feudistic homicide, since the con-

tests are announced and occur on fes-

tive occasions when they are looked

upon as a sort of sport performance be-

fore the assembled community. Stealth,

cunning and ambush are not part of

such contests; the strongest wins by

pitted strength. The object of the box-

ing and butting contests is not anni-

hilation, but subjection. Nor is there

any concern with basic justice. What-

ever the facts underlying the dispute.

they are irrelevant to the outcome. The

man who wins, wins social esteem. He

49 K6nig, op. cit., p. 295.-"Boas (1888). p. 582.

who loses, suffers in social ranking.That is all.

Boxing and butting are apparentlyavailable as means of settling all dis-putes except homicide.

Wrestling serves much the samefunction, though it may have a moredeadly outcome in Baffin Land andLabrador, where the loser may be slainby the victor. The wrestling duel isoccasionally used as the means throughwhich blood revenge may be carriedout. 'It is more sporting, however, forBoas tells us that if the murderer wins,he may slay yet another of his victim'skinsmen.50

X. Juridical Song Contests

Deserving of fame are the nith songsof the eastern and western Eskimos.Elevating the duel to a higher plane,the weapons used are words--"little,sharp words, like the wooden splinterswhich I hack off with my ax."51

Song duels are used to work offgrudges and disputes of all orders, savemurder. An East Greenlander, how-ever, may seek his satisfaction for themurder of a relative if he is too physi-cally weak to gain his end, or if he isso skilled in singing as to feel certainof victory.52 Since East Greenlandersget so engrossed in the mere artistryof the singing as to forget the cause nfthe grudge, this is understandable.There, singing prowess equals or out-ranks the gross physical.

The singing style is highly conven-tionalized. The successful singer usesthe traditional patterns of composition

--I From the song of Kilini; Rasmussen. Grn-landsagen, p. 236.

-2 Holm, op. cit., p. 87.

LAW-WAYS

which he attempts to deliver with suchfinesse as to delight the audience to en-thusiastic applause. He who is mostheartily applauded is "winner." To wina song contest brings no restitution inits train. The sole advantage isin prestige.5 :1

Among the East Greenlanders songduels may be carried on for years, justfor the fun of it. But elsewhere, grudgecontests are usually finished in asingle season. Traditional songs areused, but special compositions are cre-ated for each occasion to ridicule theopponent and capitalize his vulnerablefoibles and frailties.

Some situations and their songs willillustrate the institution as it functions.

Ipa.... took Igsia.... 's third wifeaway from him. Igsia.... challengedIpa.... to a song contest. Because hewas not really competent, Ipa.... hadhis former step-son, M .... sing forhim. M.... accused Igsia .... of at-tempted murder. When Igsia .... 's turncame to sing he replied with proper rid-icule and satirical antics as follows:

"I cannot help my opponent not beingable to sing or bring forth his voice.(He put a block of wood in his oppo-nent's mouth and pretended to sew themouth shut.)

"What shall we do with my opponent?He can neither sing anything, nor bringforth his voice. Since one cannot hearhim, I had better stretch out his mouthand try to make it larger. (He stretchedhis opponent's mouth to the sides withhis fingers, crammed it full of blubber,then gagged it with a stick.)

"My opponent has much to sayagainst me. He says I wanted to doA.... a hurt and would have slain him.When we came hither from the south.it was thou didst first challenge A....to a drum match." (He put a thong in

.. Contrary statements are given by Kane,Arctic Explorations, pp. 128-29. Kdnig, op. cit..p. 287. demonstrates the unreliability of Kane on

his opponent's mouth and tied it upunder the rafters.)

Etc., etc., etc. The song lasted onehour. Whenever Igsia.... made mock-ery of his opponent with such tricks,M.... showed his indifference by en-couraging the audience to shout andlaugh at him.-'-

Other songs rely less on buffoonery,placing greater reliance on innuendoand deprecation. When K.... and E....confronted each other they sang withdancing and mimicry in the followingmanner (E.... had married the di-vorced wife of old man K.... Now thatshe was gone K.... wanted her back.E.... would not give her up, and a songduel occurred):K .... :

"Now shall I split off words-little,sharp words

Like the wooden splinters which Ihack off with my ax.

A song from ancient times-a breathof the ancestors

A song of longing-for my wife.An impudent, black skinned oaf has

stolen her,Has tried to belittle her.A miserable wretch who loves

human flesh-A cannibal from famine days."

E...., in his defense, replied:"Insolence that takes the breath awaySuch laughable arrogance and ef-

frontery.What a satirical song! Supposed to

place blame on me.You would drive fear into my heart!I who care not about death.Hi! You sing about my woman who

was your wench.You weren't s6 loving then-she was

much alone.You forgot to prize her in song, in

stout, contest songs.Now she is mineAnd never shall she visit singing.

false lovers.Betrayer of women in strange house-

holds."

Greenland ethnology.- Holm, op. cit., p. 303.•311 Rasmussen. op. cit.. 235-36.

E. ADAMSON HOEBEL

K.... and E.... taunt each other inlike ilk as they sing out their dispute:K .... :

"Let me too follow the Umiak askayak man!

To follow the boat with the singersAs if I could be afraid!As if I were possessed of weak-kneed

ways!When I pursue the kayak padder.It is not to be wondered atThat he is pleased,He who has nearly killed his cousinHe who has nearly harpooned his

cousinNo wonder that he was so self-satis-

fiedThat he felt such joy."

E.... hurls back in rebuttal:"But I merely laugh at itBut I but make merry over itThat you K...., are a murdererThat you are jealous from the

ground up.Given to envyBecause you do not have more than

three wivesAnd you think them too fewSo are you jealous.You should marry them to some

other men.Then you could have what their hus-

bands bring in.K...., because you do not concern

yourself with these thingsBecause your women eat you out of

house and homeSo you have taken to murdering

your fellow men."r-.'

In West Greenland, the singer hasthe vocal backing of his household. Inpreparing for the contest he sings hissongs until all his household knowsthem perfectly. When the actual con-test is in full swing, his householdersreinforce his words in chorus. In spiteof the nastiness of the insults hurled,it is good form for neither party toshow anger or passion. And it isexpected that the participants will re-main the best of friends thereafter. The

West Greenlanders, in contrast to themen of the East Coast, use self-depre-cation, "the self-irony which is so signi-ficant in the Eskimo character," thoughat the same time the opponent is lashedwith weighty accusations and sneeringreferences. Here, for example, is thesong which a husband hurled at theman who had induced the singer's wifeto so gash the covering of his kayakthat it would open and drown him.Then she and the plotter could marry.The plot failed; the wife received aphysical mauling; the co-conspirator re-ceived a verbal mauling; so:

"Ah, how doubtful I feel about it!How I feel about having to sing.In my soul, which is not strong!However could it occur to me to make

a song of charge against him.How stupid that now I really have to

trouble on his account.When we were up North there,When we were up at KialineqIt happened as usual that she made me

angry,That as usual I gave my wife a trounc-

ing.I was not angry without cause.I was as usual displeased with her

work,Because my kayak cover was torn.It had got an opening;When I, a moment, went outside, they

say,You appear to have made a remark

about me:That I am always accustomed to be-

have so devilishly considerately:That I on every occasion act so ex-

traordinarily leniently.How stupid I was then not to give him

the same treatment,That I did not also give him a stab with

the knife.What a pity that I acted so leniently

towards you.

,, After Ksnig, op. cit., p. 313, from Rink,Eventyr, Supplement, no. 133.

LAW-WAYS

What a pity that I showed myself soconsiderate towards you,

You scoundrel, who so thoughtlesslyreceived my anger."

Among the Polar Eskimo the songduel is also used, but without the headbutting and buffeting. A dramatic pre-sentation of a Polar song duel is por-trayed in the motion picture, "TheWedding of Paloa," made by Rasmus-sen and released in 1937.

Among the Iglulik Eskimos, north ofHudson Bay, contest singing is also animportant art. Among these people,anyone who would. be considered aneffective singer must have a "songcousin." This is an institution builtupon the basis of "formal friendship,"a comradeship bond which was wide-spread among the aborigines of thewestern hemisphere. Song cousins tryto out-do each other in all things, ex-changing costly gifts and their wiveswhenever they meet. Each delights tocompete with the other in the beautyof his songs as such, or in the skillfulcomposition and delivery of metricalabuse. When song cousins expose eachother, it is for fun, and is done in alight-hearted, humorous manner. When'a man takes up a grudge song-duel,however, the tenor of the songs is dif-ferent. Though the cast of the songs ishumorous, for effect, insolence, deri-sion, and the pictured ludicrousness ofthe opponents are the stuff they aremade of. As in Greenland, the one whocan win the audience, or silence hisopponent, is victor, but in any event,

:- Rasmussen (1929), pp. 231-32.- Rasmussen (1927). p. 95. The definite oc-

currence of song duels among the Polar, Iglulikand Caribou Eskimos indicates the non-validityof the distribution of wrestling, buffeting. and

winner and loser are expected to bereconciled, and they exchange presentsas a token of settlement. 7

Further inland, among the CaribouEskimos, who are located at the verycenter of the whole Eskimo territory,the song duel is also found. From Ras-mussen we have the composition of aman who is chastizing the deserted hus-band of a woman, who, mistreated byher spouse, ran away to join thesinger. Its quality will by now be fa-miliar to the reader.

"Something was whisperedOf a man and wifeWho could not agreeAnd what was it all about?A wife who in rightful angerTore her husband's furs acrossTook their canoeAnd rowed away with her son.Ay-ay, all who listen,What do you think of him?Is he to be envied,Who is" great in his angerBut faint in strengthBlubbering helplesslyProperly chastized?Though it was he who foolishly proudStarted the quarrel with stupid

words." --8

The occurrence of the song duel com-plex all down the west coast of Alaskaand even out into the Aleutian Islands,(reported by the Russian missionary

Weniaminow-"') show how basic (andpossibly, ancient) a form it is amongthe Eskimo.

The song duels are juridical instru-ments insofar as they do serve to settledisputes and restore normal relations

singing contests as charted by K6nig, op. cit.,p. 295, and as adopted from this source byGoldenweiser. Anthropology. p. 99.

-',Cf., Weyer. pp. 227-28.

E. ADAMSON HOEBEL

between estranged members of thecommunity, and insofar as one of thecontestants receives a "judgment" inhis favor. But like the medieval wagerof battle the judgment bears no rela-tion to the rightness or wrongness ofthe original actions which give rise tothe dispute. There is no attempt tomete justice according to rights andprivileges defined by a substantive law.It is sufficient that the litigants (con-testants) feel relieved-the complaintlaid to rest-a psychological satisfac-tion attained; this is justice sufficientunto the needs of Eskimo society as theEskimos conceive it.

Unlike wager of battle, however,there is no ordeal element in the songduel. Supernatural forces do notoperate to enhance the prowess of thesinger who has "right" on his side.Let it be remembered that "right" isimmaterial to the singing or its out-come (though the singer who can pileup scurrilous accusations of more orless truth against his opponent has anadvantage in fact). As the court-roomjoust may become a sporting game be-tween sparring attorneys-at-law, so thejuridical song contest is above allthings a contest in which pleasurabledelight is richly served, so richly thatthe dispute -settlement function isnearly forgotten. And in the forget-ting the original end is the betterserved.

In these ways, Eskimo society, with-out government, courts, constables, orwritten law, maintains its social equi-librium, channelling human behavioraccording to its own accepted stan-dards, buttressing the control dikes

along the channels with primitive legalmechanisms, or their equivalents.

Bibliography

Anderson, H. D., and Eells, W. C., AlaskaNatives: A Survey of Their Sociologicaland Educational Status. Stanford Uni-versity, 1935.

Birket-Smith, Kaj. "The country ofEgedesminde and its inbabitants." Med-delelser om Gronland, LXVI (1924).

-"The Caribou Eskimos," Fifth Thuleexpedition, V (1929) Pts. I and II.

-The Eskimos, New York, 1936.Boas, Franz. The Central Eskimos, Sixth

Annual report of the bureau of Ameri-can ethnology, pp. 399-669. 1888.

-"Property marks of Alaskan Eskimo,"American anthropologist, n.s., I (1889),601-613.

-"The Eskimo of Baffin Land and Hud-son Bay," Bulletin American museumof natural history, XV (1907).

Bogoras, Waldemar. "The Eskimo of Si-beria," Jesup North Pacific expedition,Vol. VII, Pt. 3 (1913).

Freuchen, Peter, Arctic Adventure. 1936.Hawkes, Ernest W., The Labrador Eskimo.

Memoir 91 of the Geological survey ofCanada, Anthropological series No. 14.Ottawa, 1916.

Holm, G. "Ethnological sketch of theAngmagssalik Eskimos." Meddelelserom Grpnland, XXXIX (1914).

Jenness, Diamond. Life of the CopperEskimos. Report of the Canadian arcticexpedition, 1913-18, XII (1922).

Konig, Herbert, "Der Rechtsbruch undsein Ausgleich bie den Eskimo," Anthro-pos, XVIII, XIX, 484-515, 689-746(1923-24).

-"Das Recht der Polar Volker." An-thropos, XXII (1927), 689-746.

Kroeber, A. L. "The Eskimo of SmithSound," Bulletin of the American mu-seum of natural history, XII (1899).

Mathiassen, Therkel. Material culture ofthe Iglulik Eskimos. Report of the fifthThule expedition, 1921-24. VI. No. 1(1928).

LAW-WAYS

Mead, M., Competition and CooperationAmong Primitive Peoples, New York,1936.

Murdoch, John. The Point Barrow expe-dition. Ethnological results of the PointBarrow expedition. Bureau of Ameri-can ethnology, 9th annual report.Washington, 1892,

Nelson, E. W. The Eskimo about Beringstrait. Bureau of American ethnology.18th annual report. Washington, 1899.

Rasmussen, Knud. The people of the polarnorth. New York, 1908.

-Across arctic America. New York,1927.

-Intellectual culture of the IglulikEskimos. Report of the fifth Thule ex-pedition, 1921-24, VII, No. 1 (1929).

Ratzel, Friederich. Anthropo-geographie.Stuttgart, 1882-91. 2 bde.

Saabye, Hans Egede. Greenldnd: beingextracts from a journal kept in thatcountry in the years 1770-1778. Trans.from the German. New York: A. S.Boosey & Sons; London, 1818.

Steensby, H. P. "Contributions to theethnology and anthropo-geography ofthe polar Eskimos," M,?ddc'elser omGrrnland, XXXIV (1910).

Stefansson, V. My life with the Eskimos.1913.

-The Stefansson-Anderson arctic ex-pedition of the American museum: pre-liminary ethnological report. Anthro-pological papers of the American mu-seum of natural history, XIV, Pt. 1(1914).

-The friendly arctic. 1921.Thalbitzer, William. "The Ammassalik

Eskimo," Meddelelser om Gronland,XXXIX. Copenhagen, 1914.

-"The Ammassalik Eskimo." Contribu-tions to the ethnology of the EastGreenland natives. Pt. II, Meddelelserom Gronland, Vol. XL. Copenhagen,1923.

Turner, Lucien M. Ethnology of the Un-gava district, Hudson Bay territory.Bureau of American ethnology, 11th an-nual report, 1889-90. 1894.

Weyer, E. M. The Eskimos, New Haven,1924.