[LEGHIS] Indigenous Law

What is the meaning of datu?

Man of prowess

What made a datu a man of prowess?

• Unsuual achievement in warfare and trade

  • Taken as an indication of spiritual power

Was the hold of the datu’s power stable?

No, it was subject to frequent challenge; could only keep it through continuous success

How would the datu be remembered after death?

• Revered ancestor

Were dynasties common under the datu system?

Nope

What does the Latin maxim ex nihilo nihil fit mean?

Something does not come from nothing

What does custom law in pre-conquest Philippines refer to

• Body of

  • Unwritten rules,

  • Practices,

  • AND traditions

• Passed down orally

• And reinforced by collective acceptance

  • Within communities

Where do custom law norms derive their legitimacy from?

• Antiquity

• Social utility

• Community’s recognition

What was the political structure of the Tagalogs?

Barangays, with hierarchical leadership that had a datu as a central figure

How many families lived in a barangay?

30 to 100 families

Was it possible for barangays to form a confederation?

Yes

How would barangays form a confederation?

Alliances

Were these confederations of barangays enduring?

Nope, fragile and situational

Where were these barangay confederations often located?

Coastal, trade-rich areas

How would you characterize political authority in pre-colonial Philippines?

Personal and kinship-oriented, rather than territorial or bureaucratic

What was the political structure of the Visayans?

• Datu class (tumao)

• Freemen (timawa)

• Dependent class (oripun)

Was custom law absolute?

Nope, contextualW

What were the general aspects of pre-colonial custom law?

• Kinship-based regulation

• Reciprocity and restitution

• Communal orientation

• Sacred undertones

• Flexibility

In pre-colonial Philippines, did penalties emphasize compensation or punishment?

Compensation

Trade with which foreign people were common in pre-colonial Philippines?

Chinese, Malays, Arabs

What aspects of life did the Chinese, Malays, and Arabs influence in pre-colonial Philippines?

• Commerce

• Debt

• Marriage

• Sharia-based practices

Was the datu a priest?

Nope

Did religion dictate law in pre-colonial Philippines?

Nope; mostly secular orientation

What was the basic unit of society in pre-colonial Philippines?

Self-sufficient household (barangay family unit)

Who held authority in the family in pre-colonial Philippines?

Shared among kinship elders and extended family

Was liability individual or collective in precolonial Philippines?

Collective

What does the Latin maxim lex talionis mean?

“An eye for an eye, a tooth for a tooth”

Was retaliation or reciprocity accepted in pre-colonial Philippines?

Yup, that’s what they were all about

But negotiated settlements were encouraged

As a substitute for revenge, what did custom law allow for?

Compensation, often in the form of the payment of blood money (bodong)

What did compensation often take the form of?

• Gold

• Property

• Services

Although liability was collective [in pre-colonial Philippine society], there was also recognition of ___

Fault-based responsibility

The seriousness of liability in pre-colonial Philippine society varied dpending on whether the act was:

• Intentional,

• Negligent,

• OR Accidental

The various degrees of seriousness of liability [in pre-colonial Philippines] reflected an early sense of ____

Proportional justice

The principle behind compensation and liability was ___, rather than punitive

Restorative

Did the amount of compensation depend on the status of the victim?

Yes

What did failure to pay debts often result in?

Debt bondage (alipin status)

How would you characterize government presence in pre-conquest Philippine society?

• Minimal government

• Decentralized, limited government — only there to maintain peace, mediate disputes, or lead in times of war

• Simple governance

Was there a monopoly of coercive force in barangays/

Nope

In place of a monopoly of coercive force, what did the barangays have/

Right to self-help of each household

Define right to self-help

Right to:

• Defend themselves

• Avenge wrongs,

• OR seek restitution

Without needing authorization from a central authority

Could the datu intervene in conflicts? To what extent was his power in such things?

Yes, he could, but his power depended on the consent of the parties to be subject to his mediation.

More integrated barangays would be OK with his mediation

What were the general functions of the datu

• Leadership in war and peace

• Judicial authority

• Economic privileges (e.g. receiving tribute or labor services)

• Social prestige (e.g. influence in alliance-making, intermarriage, diplomacy)

Could the datu introduce new rules?

Yup, but he couldn’t be all fascist about it because he could lose support