[Anthropology by Robert Marett]@TWC D-Link book
Anthropology

CHAPTER VII
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Then duelling is substituted.
Then duelling gives way to the ordeal.

Then, after the penalty has long wavered between death and a fine, fines become the rule, so long as the kins are allowed to settle the matter.

If, however, the community comes to take cognizance of the offence, severer measures ensue.

The one noticeable difference in the two developments is the following.
Whereas murder is an offence against the chief's "majesty," and as such a criminal offence, adultery, like theft, with which primitive law is wont to associate it as an offence against property, tends to remain a purely civil affair.

Kafir law, for example, according to Maclean, draws this distinction very clearly.
It remains to add as regards adultery that, so far, we have only been considering the punishment that falls on the guilty man.


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