Gluckman, Max, 1911-1975. The judicial process among the Barotse of Northern Rhodesia

Table of Contents

Publication Information

Chapter I Introduction: Lozi Courts And The Social Background Of Litigation

I

Ii

Iii

Iv

V

Vi

Vii

Viii

Chapter Ii The Task Of The Judges

I

Case 1: The Case Of The Biassed Bather

Ii

The Case Of Muteto And His Children Of Simululwa

Case 2: The Case Of The Returning Garden-claimant

Iii

Case 3: The Case Of The Prince's Gardens

Case 4: The Case Of The Immigrant Land-borrower

Iv

Case 5: The Case Of The Libertine Husband

Case 6: The Case Of The Deposed Senior Wives

V

Case 7: The Case Of The Exorbitant Fishmonger

Case 9: The Case Of The Unused Land

Case 10: The Case Of The Quarrelsome Teacher

Vi

Case 11: The Case Of The Vague Complaint

Case 12: The Case Of The Unfounded Claim

Case 13: The Cases Of The Insulting Sons-in-law

Vii

Chapter Iii Cross-examination And The Assessment Of Evidence: The Norm Of The Reasonable Man

I

Case 14: The Case Of The Violent Councillor

Ii

Case 15: The Case Of Magic Against The King

Iii

Case 16: The Case Of The Perjuring Oath-taker

Iv

Case 17: The Case Of The One-sided Plea

Case 18: The Case Of The Expropriating Stewards

V

Case 19: The Case Of Convicting A Thief

Case 20: The Case Of The Thieving Kinsman

Case 21: The Case Of Doubtful Paternity ( From A Text )

Vi

Vii

Case 22: The Case Of The Foreign Thief

Case 23: The Case Of The Father And His Son's Cattle

Case 24: The Case Of The Impregnated Woman's Letter

Viii

Case 25: The Case Of The Eloping Wife

Case 26: The Case Of The Allegedly Pregnant Bride

Ix

X

Case 27: The Case Of The Schoolboy Adulterer

Case 28: The Case Of Cross-cousin Adultery

Xi

Case 29: The Case Of The Urinating Husband

Case 30: The Case Of The Wife's Granary

Case 31: The Case Of The Migrant Husband

Case 32: The Case Of The Contemptuous Husband

Case 33: The Case Of Judgment By Default

Case 34: The Case Of The Adulteress's Good Husband

Case 35: The Case Of The Lazy Husband

Case 36: The Case Of The Prudish Wife

Case 37: The Case Of The Man Who Helped His Mothers-in-law Cross A Ford

Case 38: The Case Of The Good Son-in-law

Case 39: The Case Of The Disrespectful Induna

Xii

Case 40: The Case Of The Incestuous Action

Case 41: The Case Of The Pregnant Girl's Beads

Case 42: The Incident Of The King's Ivory-carver

Case 43: The Case Of The Watchtower Pacifists

Case 43 A : The Case Of The Sorcerer's Threat

Xiii

Chapter Iv Legal Rules, Customs, And Ethics: The Laws Of God And Of Nations

I

Ii

Case 44: The Case Of Freedom Of Residence

Case 45: The Case Of The Ungenerous Husband

Iii

Case 46: The Case Of The Barren Widow

Iv

Case 47: The Case Of The ‘dog-in-the-manger’ Headman ( Or ) The Case Of The Headman's Fishdams

Case 47 A : The Case Of The Adulterine Child ( From A Text )

V

Vi

Case 48: The Case Of The Official Wrongdoers, Saa-katengo Kuta, Lialui, 1942

Case 49: The Case Of The Ignorant Foreign Wrongdoers ( From A Text )

Vii

Viii

Case 52: The Case Of The Mbunda Circumcisionlodge (1940)

Ix

Case 53: The Case Of The Abused Beggar (1942)

Case 54: The Case Of The Overpaid Prostitute

X

Case 55: The Case Of The Wife Impregated In Adultery

Xi

Case 56: The Case Of The Beer-drinking Fines

Chapter V Judicial Logic And The Sources Of Law

I

Case 55 A : The Case Of The Unwitting ‘incestuous Adultery’

Ii

Iii

Iv

V

Vi

Vii

Case 57 A : The Case Of The Forgiving Kinsman

Viii

Ix

X

Xi

Xii

Chapter Vi The Paradox Of The ‘uncertainty’ Of Legal Concepts And The ‘certainty’ Of Law

I

Ii

Case 58: The Incident Of The Confused Marriage-cattle ( From A Text )

Iii

Case 59: The Case Of The Vain Garden-holder

Iv

V

Vi

Vii

Viii

Ix

Chapter Vii Some Comparative Implications Of The Lozi Judicial Process

I

Case 60: The Case Of The Adulterer's Stockings

Ii

Iii

Iv

Chapter Viii The Social Context Of The Judicial Process

Chapter Ix Reappraisal (1966) 1

Appendix To Chapter Ix Details Of Reviews Of The Book

Chapter X Barotseland In 1965-66

Developments In Major Cases Cited

Changes In The Law

Publication Information

Paragraph Subjects (OCM)

Publication Information The main body of the Publication Information page contains all the metadata that HRAF holds for that document.

Author: Author's name as listed in Library of Congress records

Title: The judicial process among the Barotse of Northern Rhodesia

Published By: Original publisher Manchester: Manchester University Press, published on behalf of the Institute for Social Research, University of Zambia. 1967. 25, 469 p., plates ill., maps

By line: Author's name as appearing in the actual publication Max Gluckman ; foreword by A. L. Goodart

HRAF Publication Information: New Haven, Conn.: Human Relations Area Files, 1995. Computer File

Culture: Culture name from the Outline of World Cultures (OWC) with the alphanumberic OWC identifier in parenthesis. Lozi (FQ09)

Subjects: Document-level OCM identifiers given by the anthropology subject indexers at HRAF 67*; Trial procedure (695);

Abstract: Brief abstract written by HRAF anthropologists who have done the subject indexing for the document Gluckman presents (in transcript form with brief explanations) a series of cases that came before the Lialui court (kuta) while he sat there in the 1940's. On the basis of these cases and his general knowledge of Lozi society and polity, Gluckman discusses the abstract concepts of law and justice, of the duty of judges, and of the ethics of the 'reasonable man' held by Lozi. The author generates hypotheses for comparing these judicial approaches to those in other societies.

Document Number: HRAF's in-house numbering system derived from the processing order of documents 8

Document ID: HRAF's unique document identifier. The first part is the OWC identifier and the second part is the document number in three digits. fq09-008

Document Type: May include journal articles, essays, collections of essays, monographs or chapters/parts of monographs. Monograph

Language: Language that the document is written in English

Note: Bibliography: p. 448.|Includes index

Field Date: The date the researcher conducted the fieldwork or archival research that produced the document 1940-1947; 1965

Evaluation: In this alphanumeric code, the first part designates the type of person writing the document, e.g. Ethnographer, Missionary, Archaeologist, Folklorist, Linguist, Indigene, and so on. The second part is a ranking done by HRAF anthropologists based on the strength of the source material on a scale of 1 to 5, as follows: 1 - poor; 2 - fair; 3 - good, useful data, but not uniformly excellent; 4 - excellent secondary data; 5 - excellent primary data Ethnologist-4,5

Analyst: The HRAF anthropologist who subject indexed the document and prepared other materials for the eHRAF culture/tradition collection. Adolph Hoehling ; Sigrid Khera

Coverage Date: The date or dates that the information in the document pertains to (often not the same as the field date). 1940s

Coverage Place: Location of the research culture or tradition (often a smaller unit such as a band, community, or archaeological site) Zambia

LCSH: Library of Congress Subject Headings Law, Lozi/Lozi (African people)

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