Question

Which of the following are characteristics of primitive law in reference to Indian tribes?
A. Collective responsibility
B. Breach of law affects only the individual
C. Territorial limitation
D. Evidences are usually based on oaths and ordeals
Choose the correct answer from the options given below:

• A. A, B and D only
• B. B, C and D only
• C. B and D only
• D. A, C and D only

Hint:

Remember that primitive law prioritizes community harmony and social order over individual rights as understood in modern law. Key concepts are collective responsibility, custom, and community-based justice, which contrasts with the individual-focused, state-enforced nature of modern legal systems.

Answer 1

The Correct Option is D

Step 1: Definition of Primitive Law:
Primitive law, also known as customary law, governs traditional, often non-literate societies like many Indian tribal communities. It's primarily unwritten, relying on established customs, traditions, and community consensus rather than formal, codified laws.
Step 2: Characteristic Analysis:
Let's examine each characteristic:
- A. Collective responsibility: A central aspect of many tribal legal systems. The community or kin group is held accountable for its members' actions. An individual's crime is viewed as an offense against another kin group, with the offender's group bearing responsibility for restitution or consequences. This fosters social unity and group control.
- B. Breach of law affects only the individual: Generally false and contradicts collective responsibility. Breaches of law often disrupt the entire community's social harmony, not solely the individuals involved.
- C. Territorial limitation: Customary laws are typically specific to a tribe or community, applying within its territory or to its members. One tribe's laws generally don't bind another.
- D. Evidences are usually based on oaths and ordeals: Traditional legal systems, lacking modern forensics, often use supernatural or ritualistic methods for judgment. Oaths (swearing innocence) and ordeals (dangerous tests for the accused) are common forms of evidence.
Step 3: Conclusion:
Characteristics A, C, and D are typical of primitive law in tribal societies, while B is not. Therefore, the correct answer is A, C, and D only.