ABSTRACT
The interplay between a civilized and a primitive people requiring some examination of the legal framework may arise in one of two ways. On the one hand, the sophisticated may arrive and take over the territory inhabited by the primitives, establishing themselves and their own government, making the territory in question their own country, as happened in such places as Australia, New Zealand, North America and South Africa. On the other hand, trends in the recognition by the law of the significance of psychology have often resulted in local judges taking a special view of the law when a ‘primitive’ is involved. In fact there may be much to be said for appointing non-home trained personnel or non-lawyers to deal with issues among ‘primitive’ peoples, for even though the ‘case’ may appear as a formal legal process, the person hearing it has often to act as a ‘Dutch uncle’ or a mediator rather than as a judge.
