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The typical organization of humankind in its early history was the tribe. Today, in many parts of the world, the tribal community is still a major form of human political organization. Even within more formal political systems, traces can still be found of its influence. Some of the Länder of modern Germany, such as Bavaria, Saxony, or Westphalia, have maintained their identity since the days of the Germanic tribal settlements. In England, too, many county boundaries can be explained only by reference to the territorial divisions in the period after the end of the Roman occupation.
In many African countries the tribe or ethnic group is still an effective community and a vehicle of political consciousness. (Some African scholars, viewing the term tribe as pejorative and inaccurate, prefer to use ethnic group or other similar terms to describe such communities.) Most African countries are the successors to the administrative units established by colonial regimes and owe their present boundaries to the often arbitrary decisions of imperial bureaucracies or to the territorial accommodations of rival colonial powers. The result was often the splintering of the tribal communities or their aggregation in largely artificial entities.
Tribal loyalties continue to hamper nation-building efforts in some parts of the world where tribes were once the dominant political structure. Tribes may act through formal political parties like any other interest group. In some cases they simply act out their tribal bias through the machinery of the political system, and in others they function largely outside of formal political structures.
In its primary sense, the tribe is a community organized in terms of kinship, and its subdivisions are the intimate kindred groupings of moieties, gentes, and totem groups. Its territorial basis is rarely defined with any precision, and its institutions are typically the undifferentiated and intermittent structures of an omnifunctional social system. The leadership of the tribe is provided by the group of adult males, the lineage elders acting as tribal chiefs, the village headmen, or the shamans, or tribal magicians. These groups and individuals are the guardians of the tribal customs and of an oral tradition of law. Law is thus not made but rather invoked; its repository is the collective memory of the tribal council or chief men. This kind of customary law, sanctioned and hallowed by religious belief, nevertheless changes and develops, for each time it is declared something may be added or omitted to meet the needs of the occasion.
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