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JACK GOODY
Offctce
Sanction
Ashanti qwwme | Definition
Tribal:
A i mogyae SI* with female member Death for both
" eating up of oneXs own of matriclan (abusua) parties
blood "
. .
Death
. . .
with unwilling
married woman in
the bush
Household:
B i di obs.vere (2) ahahantwe (2), SI in
bush with:
(a) unmarried woman Ridicule
(b) malTied woman Adultery payment
plus sheep
(c) own wife Ridicule
E ii ,. .. ,.
SI of chief with subject's Special adultery
w payment
B iii ,. .. ..
SI by master with wife
of a slave
Household:
C ds obi yere (3) Residual-SI with any Ordirlary adultery
married woman not payment
falling in any of the
above categories
* Se:Kual intercourse. In treating household offences, Rattray explains that " adultery "
may include various forms of " intimacy " besides actual intercourse. Since it was not always
possible to distinguish from his aceount where this distinction was relevant, I have iIlcluded these
utlder the heading of intercourse.
289
Atwe-bene-Se means literally (having sexual intercourse with) " a vagina that
is near to the dsvelling-house", and the offence, as the title implies, consisted in
committiIlg adultery *iith the wives of certain persons with nvhom the existing
mhtage necessarily compelled close social intercourse or constant physical proximity
... t3°5)
The term " adultery " has now replaced the neutral circumlocution previously
used. However when we examine the list of atwebeney&e offences we find
that those included under " tribal sins" (i.e. atwebeney&e (I)) are not defined
by the affinal relationship to ego. The women are forbidden not because
they are someone's wives but because they are female members of the same
patrilineal sub-group. For such an offence adultery seems a misleading
translation.
The point at issue is this. In English usage the term " adultery" is
defined in relation to the marital status of one or both participants and is in
effect residual to the category " incest ". The term " incest " is defined
bilaterallyX in keeping with other aspects of the social system. Heterosexual
offences among the Ashanti do not fall into these categories, and in trying to
translate these simply by the English words " incest " and " adultery "
Rattray was faced with an impossible task. The English concept " incest "
refers to heterosexual intercourse with persons within a particular range of
kin, whether they fall within that range by birth or by marriage. When a
male ego marries, the immediate female kin of his wife are assimilated to
his own kinship chart by becoming sisters- or mothers-in-law. Intercourse
with affines is defined as incestuous, and placed in the same conceptual category
as intercourse with consanguineous kin.
Thus, whereas the Ashanti differentiate between intra-group offences and
group-wife offences, the European system does not have to do this because
at marriage the spouses are assimilated, for many social purposes, into each
others' natal groups. There is no distinction, in the context of heterosexual
offences, between group-member and group-spouse.
This interpretation is strikingly confirmed in another matrilineal case,
that of the Trobriands. Matinowski discusses incest in considerable detail
in his book The Sexgal Life of Savages (I932). First let us ask what Malinowski
means by incest. " Incest within the family and breach of exogamy", he
says, is the meaning of the Trobriand word Suvasova (389). As the family
is still considered a wrong. Fortes claims that this latter offence is not incest,
but " the most reprehensible form of adultery. It does not bear the same
moral stigma as the corresponding form of incest, nor does it carry religious
penalties for the adulterer" (I949: II6). For Fortes, therefore, incest con-
sists in sexual intercourse with female members of the inner lineage and with
the wives of its male members, while adultery consists in intercourse with
the wives of male members outside that range as well as with wives of
non-clansmen.
There is then no Tallensi term for heterosexual offences other than one
for " matters concerning women ". Fortes uses the English terms " incest "
and " adultery" to divide up this category. The way in which he does so
is bilaterally oriented. " Incest" is the offence of sexual intercourse within
the " expanded family ", " adultery" the offence of sexual intercourse with
any married woman outside it.
An alternative method of treating thos problem is to infer the implicit
classification of offences among the Tallensi from the nature of their reaction
to any breach. This in effect is what Fortes does when he insists that " incest "
with a sister or daughter falls in a differient category of sexual acts than
" incest " with a wife of the lineage (I949: II4). This standardized procedure
for the investigation of moral, ritual or legal norms gives the following threefold
.. . .
cvlslon:
I suggest that this classification has more inherent probability for three
reasons. Firstly, it appears to fit better with the Tallensi emphasis on unilineal
descent. Secondly, it corresponds to the classification I found among the
LoDagaa of the same general area who are culturally similar to the Tallensi
in very many ways. Thirdly, it is analogous to the classification which we
have found among the Ashanti. Thus in both the matrilineal and patrilineal
cases prohibitions on sexual intercourse are grouped together depending upon
whether they were:
Offcncts wsth
member. In certain respects it would have been preferable to have retained the
earlier standpoint. For this was not merely a reflection of my own sex role; it
corresponds to ethnographic reality. Although in European law adultery is
defined as sexual intercourse where one of the partners is married, in most
other societies it is only considered adultery when the woman is married.
This is the case in Roman law. The reason for this is that in general marriage
confers relatively exclusive rights on a man over the sexual services of a woman.
It is most unusual to find that the woman acquires similar rights over the
male, even in matrilineal societies. However it seemed preferable to construct
the table to take account of this case, rare as it is.
Secondly it should be pointed out that in addition to the prohibitions
on sexual intercourse which can be discussed in terms of the structure of
descent or kin groups, there are also those attached to specific kinship positions.
For instance, in English law, it is incestuous adultery to sleep with one's
wife's sister. This is also true of the Nuer and of many other African societies.
As Evans-Pritchard points out in this connection, these prohibitions are to
be seen as preventing a confusion of kinship statuses, a disruption of the
solidarity of the sororal group.
Thirdly, a further variable has been introduced into this table, namely
that of marital status. I have already explained why this is essential in
considering extra-group offences. But it may also be relevant in the case
of intercourse with a fellow-member of the group. For instance, the LoDagaa,
of the Northern Territorses of the Gold Coast, among whom I worked, and
who are in many ways very similar to the Tallensi, regarded intercourse with
a clanswoman before her marriage, that is, before her sexuality had been
alienated to a member of another clan, as being of very minor importance.
But intercourse with the sanze woman after her marriage, what I have called
" incestuous adultery", is more severely treated.
For the comprehensive analysis of heterosexual offences, it is essential
to introduce yet a further variable, not shown in the table, that of generation.
Social relationships with a member of the same or alternate generation are
usually characterized by relative equality and those between adjacent genera-
tions by super- or sub-ordination. This fact is likely to affect the severity
with which the offence is treated. It will tend to be more severely treated
where the relationship is characterized by authority, and especially where the
It would appear from this statement that the term rual is not generally used
The full rate of compensation is usually demanded unless the husband and
the adulterer are on exceptionally good telllls in other respects, or their relationship
in the kinship structure is sufficiently close to modify feelings of moral indignation
on the part of the husband. Although the wives of kinsmen are brought within
the sphere of kinship by the process of marriage, and to have relations with the
wife of a kinsman is in a sense tantamount to a breach of the rules of exogamy,
this is modified by the feeling that a wife, acquired by the transfer of cattle in which
other kinsmen have limited rights, is theoretically the wife of all of them. Yet
it is not considered correct that two kinsmen should have sexual relations with
the same woman at the same period. There is no real conflict in these two concepts,
but the attitude behind the payment of yang kxle includes an idea that sexual relations
wlth the legal wife of another man create an impurity, and that there is greater
impurity if tvYo men of the same kinship group have sexual relations vvith the same
woman. It is felt that the t,wiic of a kinsman is in some degree also a kinssvoman,
especially as a potential mother of kinsmen irs the next generation. The act is
therefore tantamount to incest (rual). (I63-4).
in the descent group. Put in another way, this factor is the extent to which
a distinction is made between rights over the reproductive powers of women
and the rights over their sexual services. For where this distinction is
emphasized, there appears to be greater individualization of the rights over
sexual services.
EXPLANATIONS OF INCEST
Dr. R. W. Fortune . . . considers that the barrier itself is adopted not because
of its internal value to the family, but because the external value of the marriage
alliance is essential to social structure (I950: 3I3).
She distinguishes two types of incest. " One is the anion of parent and
child, the other is of siblings of opposite sex " (306). And she maintains that
while the marriage alliance might account for the brother-sister taboo, it cannot
possibly explain thc parent-child prohibition. Therefore, she concludes, it is
the internal value of the arrangement which is the most important aspect of
incest. " With the prohibition of incest within the elementary family, the
foundation of social structure is laid') (307). Thus she succeeds in categoriz
ing heterosexual offences OI1 generation lines and perceives that different
explanations might be appropriate to each. But she fails to dichotomize
either in terms of group members and group wives, or in terms of the str1lcture
of unilineal descent groups. The reason for this appears to be her commit-
ment to the Malinowskian stress on the elementary family. If this is seen
as the primary unit in relation to which the incest taboo functions, then the-
only possible breakdown of incest is by generation. The point elaborated in
this paper is that, in the analysis of descent societies, a further breakdown
is necessary, and exists within the actor frame of reference either in the terms
used or in the sanctions employed. But the breakdown is made according
to whether the prohibition is on intercourse with a group member or with
a group wife; and the groups in questioIl are in general based upon unilineal
descent. It is from this point of view that explanations of incest and exogamy
must be considered.
Incest and exogamy are usually analysed as related prohibitions, the
one on intercourse, the other on marriage. For example, Evans-Pritchard
in his study of the Nuer maintains that the former is derived from the
iatter. Malinowski sometimes speaks of incest and exogamy as if they were
entirely complementary. This point of view arises from a failure to make
the distinction discussed above. For while the rule prohibiting marriage
inside the group (exogamy) may be associated with the prohibition on inter-
course within the group (intra-<,roup prohibition), it cannot possibly be related}
in any direct manner, to the prohibition on intercourse with the wives of the
group, for these women must of necessity fall within the general category of
permitted spouse. They cannot possibly be excluded by any marriage rule.
Exogamy} then, can only be related to the prohibitioIl on intra-group
intercourse. But as Fortes has shown, there need be no complete overlap
even here. The Tallensi allow sexual intercourse with distant clansmen where
they do not allow marriage. The reason is clear. Marriage affects the align-
ment of relationships between groups; it has to be publicly validated by
overt transactionsJ and it provides a precedent for similar arrangements in
the future. Sexual intercourse in itself does none of this, and therefore when
carried on in semi-secrecy reqllires no realignment of social groups. And
indeed, as Fortes has also shown, under certain conditions there may be
advantages for the individuals concerned if the lover is forbidden as a spouse
for then these relationships are necessarily of limited duration. Within groups
of more restrlcted span, however, intercourse between members can render
other social relationships difficult. This is especially true where the relation-
ship ls characterized by super-subordination, as for example between members
of adjacent generations.
Although there is no inevitable overlap between the prohibition of intra-
group intercourse and the prohibition of intra-group maage, there is never-
theless a strong tendency for such an overlap to occur. Exogamy is frequently
phrased in terms of kinship . . . " We cannot marry our ' sisters '." So is
the intra-group sexual taboo . . . " We cannot sleep with our ' sisters '."
It is trlle that the classiScatory reference of the term " sister " may not be
the same in the two cases. This is so with the Tallensi. In the first instance
" sister " refers to clan females as a wholeJ in the second, to those belonging
to the inner or medial lineage. But the principle of structural congruence
acts in favour of the same referent in both cases. And indeed the prohibition
CONCLUSIONS
NOTES
I. An earlier version of this paper was read to the Graduate Seminar of the D
ment of Social Relations, Harvard, in March, I956.
2. In the course of this paper I have reconsidered some of the data presented
my teachers, Professor Meyer Fortes and Professor Evans-Pritchard. What may
as a criticism is in fact a compliment to their work. In the first place, their mon
on the Tallensi and the Nuer remain the most outstanding analyses of the social s
of non-European societies which have been written, and it is because of this fa
I am able to offer such a reinterpretation. In the second place, I am trying to
their analysis a stage further within the framework of the general approach whi
harre done so much to develop.
3. In constructing this table I have followed Rattray's presentation of the off
In all these instances, the punishment is an adultery payment less or more than the
standard amount. In addition, an animal has in some cases to be provided for a sacrifice;
if a man has committed an offence with his wife's mother he then has to appease his
wife with a gift. I have assumed that in i, ii, iv, viii, Rattray was referring to classificatory
kin and have therefore reinterpreted the prohibitions in the way shown in the table.
It should be added that the wives of fellow company and guild members are called
" wife ". Apart from affines, this particular category of " vaginas too near" refers to
classificatory wives, wives of group members.
4. This formulation was suggested to me in another context by Professor Max
Gluckman who told me that it originated with Radcliffe-Brown.
REFERENCES
Evans-Pritchard, E. E., I949, " Nuer Rules of Exogamy and Incest " in Social Structure,
ed. M. Fortes, Oxford. I95I, Kinship and Marriage Among the Nuer, Oxford
University Press.
Fortes, M., I936, " Kinship, Incest and Exogamy of the Northern Territones of the
Gold Coast" in Custom is King, ed. L. H. D. Buxton, London, Hutchinson. I949,
The Web of Kinship Among the TaZlensi, Oxford University Press.
Howell, P. P., I954, A Manual of Ntuer Law, Oxford University Press.
Malinowski, B., I932, The Sexual Life of Savages, London, Kegan Paul.
Murdock, G. P., I949, SociaZ Structure, New York, MacMillan. I955, " Changing Emphases
in Social Structure ", Southwestern Journal of A nthropoZogy, I I: 36I-370.
Radcliffe-Brown, A. R., I950, " Introduction" to African Systems of Kinship and Mar-
riagc, Oxford University Press.
Rattray, R. F., I929, Ashanti Law and Constitution, Oxford University Press.
Seligman, B., I950, " Incest and Exogamy: a Reconsideration", American Anthto-
pologist, 52 : 305-3 I 6.