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Ifugao Law by R. F. Burton

In American Archaeology and Ethnology Vol. 15, No. 1, pp. 1-186, plates 1-33

February 15, 1919

IFUGAO LAW

By R. F. BARTON

"We are likely to think of the savage as a freakish creature, all moods--at one moment a friend, at the next moment a fiend. So he might be were it not for the social drill imposed by his customs. So he is, if you destroy his customs, and expect him nevertheless to behave as an educated and reasonable being. Given, then, a primitive society in a healthy and uncontaminated condition, its members will invariably be found to be on the average more law-abiding, as judged from the stand-point of their own law, than is the case in any civilized state.

"Of course, if we have to do with a primitive society on the down-grade--and very few that have been 'civilizaded,' as John Stuart Mill terms it, at the hands of the white man are not on the down-grade--its disorganized and debased custom no longer serves a vital function. But a healthy society is bound, in a wholesale way, to have a healthy custom."

R. R. Marrett, in Anthropology.

CONTENTS

Introduction

Page

The Ifugaos

Sources of Ifugao law and its present status of development

1. Relation of taboo to law 2. Scope of customary law 3. Connection of law and religion 4. General principles of the Ifugao legal system 5. Stage of development of Ifugao law

The Family Law

Marriage

6. Polygamy 7. Nature of marriage 8. Eligibility to marriage 9. The two ways in which marriage may be brought about 10. Contract marriage 11. Marriage ceremonials 12. Gifts to the kin of the bride: hakba 13. Obligations incurred by those who enter into a marriage contract 14. The binawit relation 15. Property rights acquired by marriage

Remarriage of the widowed

16. The gibu payment to terminate marriage

Divorce

17. Divorce because of necessity 18. Divorce for mutual benefit 19. Divorce which may be demanded by either party 20. Cases where divorce may be demanded by one party or the other 21. The hudhud, or payment for mental anguish 22. Divorce ceremonies 23. Property settlements in case of divorce


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