THE BANTU OF KAVIRONDO 217
case which illustrates this principle is that of serious physical harm suffered by a small child owing to the negligence of its father or mother. If the injuries, e.g. burns, are attributed to the carelessness of the mother, the father of the child can claim damages from his wife's father or brothers (as those responsible for her conduct), if to the carelessness of the father, the child's mother's relatives can claim damages from the father of the child or his kinsmen. Compensation for damages is thus claimed by and received from persons who, according to European notions, are not at all or only very indirectly affected by the offence.
The second consequence which follows directly from the first is that there is no tribal judicial authority, but that justice is administered by and between those groups of persons who are affected by the offence in question. Since, as has been said, breaches of the law can be restored by the payment of material objects, it follows that compensation will be claimed—and given—by all persons who have a joint interest in the material well-being of the individual immediately affected by an offence. As property is held and inherited chiefly by virtue of membership of the patrilineal group, it is the group of paternal kinsmen and, by extension, the whole patrilineal clan which has such a joint interest in the well-being of all of its members. Within the clan, the size of the group which will take judicial action is determined in each particular case by the extent and nature of common interests which are affected by the dispute or damage done. It is not a definite type of offence, but the seriousness of the situation, the amount of social disruption that threatens from it, which determines the composition of the judicial body. The creation or maintenance of common or mutual interests within the clan is therefore of paramount importance to the individual immediately affected by a breach of the law, as he needs support from other persons if he is to realize his claims and reparations for damages. By sharing common interests—economic, social, ritual, &c.—the damage suffered by one member of the group (lineage, sub-clan, or clan) becomes a concern of all and, moreover, support of a member of the group in one case invites his reciprocal services in another. This identification of a given group within the clan with the rights\and duties of each of its members is the second reason why it is impossible to make a distinction between civil and criminal law. Whether the initiative in taking judicial action comes from the wronged individual or from the