chapter  XIII
Conclusion and Forecast
Pages 6

Let us sum up the contrast between current views on the subject and the facts here presented. In modern anthropological jurisprudence, it is universally assumed that all custom is law to the savage and that he has no law but his custom. All custom again is obeyed automatically and rigidly by sheer inertia. There is no civil law or its equivalent in savage societies. The only relevant facts are the occasional breaches in defiance of custom-the crimes. There is no mechanism of enforcement of the primitive rules of conduct except the punishment of flagrant crime. Modern anthropology, therefore, ignores and sometimes even explicitly denies the existence of any social arrangements or of any psychological motives which make primitive man obey a certain class of custom for

purely social reasons. According to Mr. Hartland and all the other authorities, religious sanctions, supernatural penalties, group responsibility and solidarity, taboo and magic are the main elements of jurisprudence in savagery.