Great Plains Indian Law: Background

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Map of Native American language families

Welcome back to our discussion of Friedman, Leeson, and Skarbek’s Legal Systems Very Different from Ours. Today we’ll be looking at the legal systems of three plains Indian tribes: the Comanche, Kiowa, and Cheyenne.

(Take note of the map. We’re going to need it.)

I had previously been under the impression that these groups had started as farmers who adopted the horse when the Spanish arrived. This is the account given by the authors:

Faced with a sudden opportunity for progress, the chance to stop scratching in the dirt as primitive agriculturalists and turn into noble savages hunting buffalo… the Indian tribes living on or near the Great Plains seized the opportunity.

So the Comanche hail from the Uto-Aztecan language group–these folks included, as you can tell from the name, both the Aztecs of Mexico and the Utes of the Great Basin. (Utah is named for the Utes.) The Comanche themselves appear to have hailed from the Great Basin, an arid region that’s mostly too dry for agriculture. As Wikipedia notes: 

Different ethnic groups of Great Basin tribes share certain common cultural elements that distinguish them from surrounding groups. All but the Washoe traditionally speak Numic languages, and tribal groups, who historically lived peacefully and often shared common territories, have intermingled considerably. Prior to the 20th century, Great Basin peoples were predominantly hunters and gatherers.

“Desert Archaic” or more simply “The Desert Culture” refers to the culture of the Great Basin tribes. This culture is characterized by the need for mobility to take advantage of seasonally available food supplies. The use of pottery was rare due to its weight, but intricate baskets were woven for containing water, cooking food, winnowing grass seeds and storage—including the storage of pine nuts, a Paiute-Shoshone staple. Heavy items such as metates would be cached rather than carried from foraging area to foraging area. Agriculture was not practiced within the Great Basin itself, although it was practiced in adjacent areas (modern agriculture in the Great Basin requires either large mountain reservoirs or deep artesian wells). Likewise, the Great Basin tribes had no permanent settlements, although winter villages might be revisited winter after winter by the same group of families. In the summer, the largest group was usually the nuclear family due to the low density of food supplies.

In between the Great Basin and the Aztec empire lie the Pueblos, built by the various Pueblo peoples. Interestingly, most of them do not speak an Uto-Aztecan language; some of the Pueblo languages are quite isolated. The Navajo language, likewise, is related to languages spoken way up in Canada, rather than other local languages.

The history of this region of the country post-1492 follows the Spanish, not English colonists. The Spanish conquered the Aztecs, as is rather famously known, then moved north into the Pueblos of Arizona and New Mexico in the 1540s. The Pueblos were the biggest settlements in the southwestern US in those days–California was inhabited primarily by hunter-gatherers and didn’t attract much settlement until the Spaniards developed better routes across the Pacific ocean (the need for which partially drove the Opening of Japan in the late 1800s), the Great Basin of Utah and nearby states was too dry for many permanent settlements before irrigation and wells were dug, and without horses, the Great Plains were nearly uninhabited.  The first Spaniards who crossed them found them horrifyingly vast and empty.

On the other side of the Great Plains lay the Mississippian people, who, like the Puebloans, built towns and cities, as well as monuments like Serpent Mound in Ohio–but these folks were beyond the normal reach of the Spanish empire. To the far north were other peoples, like the totem-pole carving denizens of the lush Pacific northwest but this was Russian territory at most, and generally left to its own devices.

In those days, the peoples of the Great Basin were mostly nomadic hunter gatherers, occasionally trading with farmers and pastoralists from the south and moving with the seasons. Their only “draft animal” was the dog, which pulled sleds (travois) laden with their belongings over the ground; this is not a terribly effective way to move.

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Comancheria, prior to 1850

The Pueblos revolted against Spanish rule in 1680. The revolt was successful, and about 2,000 Spaniards and their slaves were driven from the territory and their domesticated animals–including horses–were variously slaughtered, captured, or lost to the wilds. The horses took easily to what had formerly been their native habitat, and by the mid-1700s, the Comanches had them.

Gone were the days of puttering around with puny, dog-drawn sleds; for the next hundred years these fearsome warriors were the lords of the southern plains, the quintessential horseback riding, tipi-dwelling, buffalo hunting anarchists of American lore.

According to Wikipedia:

Their original migration took them to the southern Great Plains, into a sweep of territory extending from the Arkansas River to central Texas. The earliest references to them in the Spanish records date from 1706, when reports reached Santa Fe that Utes and Comanches were about to attack [16]. In the Comanche advance, the Apaches were driven off the Plains. By the end of the eighteenth century the struggle between Comanches and Apaches had assumed legendary proportions: in 1784, in recounting the history of the southern Plains, Texas governor Domingo Cabello recorded that some sixty years earlier (i.e., ca. 1724) the Apaches had been routed from the southern Plains in a nine-day battle at El Gran Cierra del Fierro ‘The Great Mountain of Iron’, somewhere northwest of Texas. There is, however, no other record, documentary or legendary, of such a fight [17].

They were formidable opponents who developed strategies for using traditional weapons for fighting on horseback. Warfare was a major part of Comanche life. Comanche raids into Mexico traditionally took place during the full moon, when the Comanche could see to ride at night. This led to the term “Comanche Moon”, during which the Comanche raided for horses, captives, and weapons.[18] The majority of Comanche raids into Mexico were in the state of Chihuahua and neighboring northern states.[19]

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Comanche–Osage Fight by George Catlin, 1854 (Comanche on the right.)

The Comanche were such effective warriors that they nearly turned the tide against Spanish colonization:

The Comanche–Mexico Wars was the Mexican theater of the Comanche Wars, a series of conflicts from 1821 until 1870 which consisted of large-scale raids into northern Mexico by Comanches and their Kiowa and Kiowa Apache allies which left thousands of people dead.[1] The Comanche raids were sparked by the declining military capability of Mexico in the turbulent years after it gained independence in 1821, plus a large and growing market in the United States for stolen Mexican horses and cattle.[2]

By the time the United States army invaded northern Mexico in 1846 during the Mexican–American War the region was devastated. The largest Comanche raids into Mexico took place from 1840 until the mid-1850s, thereafter declining in size and intensity. The Comanche were finally defeated by the U.S. in 1875 and forced onto a reservation.

(Their defeat was due in large part due to the decimating effects of disease; their population appears to have dropped from about 20,000 people to just a few thousand. Today, they number about 17,000 people.

So that’s where the Comanche came from. How about the Kiowa?

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3 Kiowa men, hand colored photograph, 1898

The Kiowa speak a Tanoan language, not an Uto-Aztecan language like the Comanche. Most of the other Tanoan speakers are Pueblo peoples, who built permanent towns and raised corn in New Mexico, but the Kiowa were hunter gatherers from around the Black Hills of western Montana/South Dakota. They were driven from their homelands by the Sioux and other tribes, migrated south, obtained horses, and moved into the flat parts of Colorado, Kansas, Oklahoma, northern Texas, and parts of New Mexico. According to Wikipedia, they numbered about 3,000 people in those days and 12,000 today.

This leaves us with a mystery: the historic geographic spread of the Uto-Axtecan language family was split by the Pueblos; the historic geographic spread of the Pueblo-based Tanoan family was split by the Great Basin-dwelling Utes and their linguistic cousins. In other words, each language family was split by the other.

How did the Kiowa begin their journey so far from the other members of their language family? Wikipedia frustratingly notes:

There is apparently no oral tradition of any ancient connection between the peoples. Scholars have not determined when the peoples were connected so that the common linguistic elements could have developed.

Archaeology offers many tantalizing clues, but I wish we had more genetic data (many American Indian tribes are officially disdainful of genetics and see nothing to be gained by participating in genetics research, which may be true for them but is frustrating to me.)

The Wikipedia page for the Kiowa language says:

Although Kiowa is most closely related to the other Tanoan languages of the Pueblos, the earliest historic location of its speakers is western Montana around 1700. Prior to the historic record, oral histories, archaeology, and linguistics suggest that pre-Kiowa was the northernmost dialect of Proto-Kiowa-Tanoan, spoken at Basketmaker II Era sites. Around AD 450, they migrated northward through the territory of the Anasazi and Great Basin, occupying the eastern Fremont culture region of the Colorado Plateau until sometime before 1300. Speakers then drifted northward to the northwestern Plains, arriving no later than the mid-16th century in the Yellowstone area where the Kiowa were first encountered. The Kiowa then later migrated to the Black Hills and the southern Plains, where the language was recorded in historic times.[3]

(Basketmaker II is from roughly 50-500 AD.)

The full history is likely to be complicated. Corn was domesticated in southern Mexico around 9,000 years ago and soon spread to both South America and the Mississippian cultures of the eastern US. The ancestors of the early Pueblo peoples adopted it, but the Aztecs were still hunter-gatherers when they conquered the Valley of Mexico around 1250 AD. Perhaps the same pressures that sent the Aztecs into the Valley of Mexico also drove the Kiowa north–or perhaps the events were entirely unrelated, separated by hundreds of years. History is frustratingly silent.

At any rate:

The introduction of the horse to Kiowa society revolutionized their [hunter-gatherer] way of life. They acquired horses by raiding rancheros south of the Rio Grande into Mexico, as well as by raiding other Indian peoples who already had horses, such as the Navajo and the various Pueblo people. With the horse, they could transport larger loads, hunt more game over a wider range and more easily, and travel longer and farther. The Kiowa became powerful and skilled mounted warriors who conducted long-distance raids against enemies. The Kiowa were considered among the finest horsemen on the Plains. A man’s wealth was measured primarily by the size of his horse herd, with particularly wealthy individuals having herds numbering in the hundreds. … The Kiowa considered it an honor to steal horses from enemies, and such raids often served as a rite of passage for young warriors. …

In the early spring of 1790 at the place that would become Las Vegas, New Mexico, a Kiowa party led by war leader Guikate, made an offer of peace to a Comanche party while both were visiting the home of a mutual friend of both tribes. … The two groups made an alliance to share the same hunting grounds and entered into a mutual defense pact and became the dominant inhabitants of the Southern Plains. …  In addition to the Comanche, the Kiowa formed a very close alliance with the Plains Apache (Kiowa-Apache), with the two nations sharing much of the same culture and participating in each other’s annual council meetings and events.

Note: the Plains Apache do not speak a language related to Kiowa or Comanche–their language is from the Athabaskan family, which is spoken primarily in Canada and by the Navajo. The Plains Apache were apparently never very numerous–only about 400 people at the time.

The strong alliance of southern plains nations kept the invading Spanish from gaining a strong colonial hold on the southern plains and eventually forced them completely out of the area, pushing them eastward and south past the Rio Grande into present day Mexico. …

The Kiowa were notable even among plains Indians for their long-distance raids, including raids far south into Mexico and north onto the northern plains. Almost all warfare took place while mounted on horses.

These “raids” involved not just stealing horses, but also raping, torturing, and murdering people. The fact that the area was full of extremely hostile Indians who liked to torture people for fun was why the Mexican government thought it was a good idea to let a bunch of Americans come settle in their Texas territory and deal with the Indians for them.

The Kiowa kept plenty busy:

Enemies of the Kiowa include the CheyenneArapahoNavajoUte, and occasionally Lakota to the north and west of Kiowa territory. East of Kiowa territory they fought with the PawneeOsageKickapooKawCaddoWichita, and Sac and Fox. To the south they fought with the Lipan ApacheMescalero Apache, and Tonkawa. The Kiowa also came into conflict with Indian nations from the American south and east displaced to Indian Territory during the Indian Removal period including the CherokeeChoctawMuskogee, and Chickasaw. Eastern tribes found that Indian Territory, the place they were sent, was already occupied by plains Indians, most notably the Kiowa and Comanche. 

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Cheyenne Woman, 1930, from the Edward S. Curtis collection

The Cheyenne speak a tongue from yet another language family, the Algonquian (which is part of the broader Algic family), found across most of eastern Canada and the north eastern American coast along the Atlantic. The famous Squanto of the Wampanoag spoke an Algonquin language.

The history of the Cheyenne is thankfully better documented:

The earliest known written historical record of the Cheyenne comes from the mid-17th century, when a group of Cheyenne visited the French Fort Crevecoeur, near present-day Peoria, Illinois. The Cheyenne at this time lived between the Mississippi River and Mille Lacs Lake in present-day Minnesota. The Cheyenne economy was based on the collection of wild rice and hunting, especially of bison, which lived in the prairies 70–80 miles west of the Cheyenne villages.[11]

According to tribal history, during the 17th century, the Cheyenne had been driven by the Assiniboine … from the Great Lakes region to present-day Minnesota and North Dakota, where they established villages. The most prominent of the ancient Cheyenne villages is Biesterfeldt Village, in eastern North Dakota along the Sheyenne River. The tribal history also relates that they first reached the Missouri River in 1676.[12] A more recent analysis of early records posits that at least some of the Cheyenne remained in the Mille Lac region of Minnesota until about 1765, when the Ojibwe defeated the Dakota with firearms — pushing the Cheyenne, in turn, to the Minnesota River, where they were reported in 1766.[13]  …

By 1776, the Lakota had overwhelmed the Cheyenne and taken over much of their territory near the Black Hills. In 1804, Lewis and Clark visited a surviving Cheyenne village in North Dakota.

According to what I believe is oral history recorded in Wikipedia, a Cheyenne prophet named Tomȯsévėséhe (“Erect Horns”) received a vision which convinced the tribe to abandon their agricultural was and become plains nomads.

The Cheyenne occupied the plains north of the Comanche and Kiowa, though they sometimes came south. Their lifestyle was similar to the others’ and they fought with/raided from pretty much everyone around, though they eventually allied with their neighbors against the US.

Okay, guys, I’ve been working on this for hours and I haven’t even gotten to the actual legal systems yet, so we’re going to have to call it quits until I get some more time. (To be fair, the authors covered three different groups in this chapter, which makes for triple the background work.) For now, a quick summary:

The Comanche, Kiowa, and Cheyenne (and Plains Apache) hail from four different language families. It is rare in the modern world to find so many different language families in such close proximity to each other.

Native American history is complex, with many population movements that are not well understood or documented.

The Comanche are descended from primarily hunter-gatherers, the Kiowa were related to agricultural peoples and might have done agriculture at some point in their past, and the Cheyenne were directly descended from agriculturalists who purposefully decided to adopt a nomadic lifestyle.

These differences in their origins might account for some of the differences in governance of their societies, despite the similarities they developed due to leading similar lifestyles dependent on hunting buffalo and stealing horses.

See you next week.

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It’s not Stealing if they’re Gadje: Legal Systems very Different from Ours pt 2

51ta-us7crlWelcome back to Leeson, Skarbek, and Friedman’s Legal Systems Very Different from Ours. Today we will be discussing Gypsy law, in a chapter that I wouldn’t have believed if I hadn’t already read Isabella Fonseca’s Bury Me Standing: The Gypsies and their Journey.

Usage note: I use “Gypsy” instead of “Romani” for the same reason that I refer to “Germans” and not “Deutsch”: because “Gypsy” is the proper English ethnonym. Romani is not an English word, and it doesn’t even translate to Gypsy–it means “people,” and you and I are people, too. In American parlance, “Gypsy” is neither an insult nor a slur, so I will not dance around like it is one.

Furthermore, I am opposed to ethnonymic creep; it is a very annoying part of my job here at this blog to try to figure out what group I am reading about if the name it goes by has changed over the course of years and I cannot track down reliable references. This recent trend of accelerated ethnonymic shift exists mainly to give intellectuals with lots of time on their hands to learn the latest terms something to feel superior about while confusing ordinary people, who are left wondering “Huh? Romani?”

Don’t worry; we here at EvX have enough ways of feeling superior without resorting to confusion–like semicolons.

Background: The Gypsies are a peripatetic ethnic group that left India about a thousand years ago and have since spread across the rest of the Indo-European world. They have traditionally filled the economic niche of traveling blacksmiths, tinsmiths, tinkerers, salesmen, and occasional chicken thieves. Interestingly, in places where the Gypsies never reached, like Ireland, an equivalent group of people emerged to fill the same economic niche–the Travellers–suggesting that this is a real economic niche that people needed filled, albeit minus the part about the chickens.

Globally, there are about 2-20 million Gypsies, with concentrations in the United States, Brazil, Romania, and Turkey. About 1 million Gypsies live in America, a population bigger than the Amish. It’s hard to find really good statistics on Gypsies because Gypsies don’t believe in keeping statistics, much less cooperating with government officials who seem intent on prying into their business and pinning them down. Note that because Gypsy communities are widely scattered across the globe and have not had, until recently, any good way of communicating with each other across great distances, what is true of one band or group may not be even remotely true of another group. Gypsies in one country may be settled, school-going city dwellers, while Gypsies in another country move about in caravans. Few sell horses these days (but many sell cars). Some speak the dominant local language; some speak a Gypsy variety. Some Gypsy languages are mutually intelligible; others are not. To say anything of Gypsies as a whole is probably wrong, so please forgive the limits of language.

Back in the Middle Ages, people didn’t mind the traditional Gypsy lifestyle too much, so long as chicken thefts were kept to a minimum. People needed tinkerers, and if the Gypsies didn’t send their children to school, well, neither did the locals. The traditional lifestyle clashes tremendously with the modern state, which wants people to stay put, carry ID, fill out their forms, pay taxes, and send their children to school. Stalin grounded the Gypsies of the Soviet Union (and stole their gold–not that they were rich to begin with, but you know, people can’t have anything nice in the Soviet Union) so the state could better control them. Gypsies in less coercive modern states have been less coercively encouraged to settle, to varying degrees of success.

My impression is that America has been less coercive toward its Gypsies, encouraging mandatory school attendance, but otherwise putting up with folks who feel like moving from town to town.

Traditional Gypsy law, as the authors note, exists separate from the regular laws of the state. The extent to which state law applies to them has varied over time, depending on how much the local officials wish to interfere. Where they are left to mostly manage their own affairs, we have a polylegal system:

Polylegal systems, systems in which different people in the same country were under different legal authorities, existed in medieval and Renaissance Europe. The status of Jewish communities in the diaspora, discussed in Chapter 4, is one example, the millet system of the Ottoman Empire another. It is possible that the fifteenth century Romani persuaded Sigismund that they were entitled to similar treatment.

Whether or not fifteenth century Romani obtained a grant of de jure judicial autonomy from a fifteenth century emperor, Romani communities through the centuries have been strikingly successful in maintaining de facto autonomy, staying below the radar of the official legal system while imposing their own rules on their own members.

I have long wondered why anyone would bother obeying two legal systems at once–why obey both American and Jewish law, for example? Obeying complicated restrictions is annoying, even difficult, so why don’t people just slowly default to following only one to make their lives simpler?

This chapter offers no solution, but Chapter 9 does. The Amish, of course, are a community whose lifestyle can only be maintained by adherence to Amish law, but Gypsy law does not guarantee a Gypsy lifestyle. But adhering to Gypsy law does mean that one is part of a Gypsy community (since the strongest punishment available in Gypsy law is getting kicked out of the community,) and Gypsies love their communities:

Part of the painfulness of being denied contact with one’s own people, whether to be in a jail, a hospital, or a job, is that of being alone. To be among a group of Rom [masculine singular declinsion of Romani] is the natural everyday context within which a person lives, learns, and expresses his personality; to be among a group of gaje [outsiders] is to be alone. Wherever he travels or lives, a Rom is rarely alone. More often he is surrounded by large numbers of relatives and friends.

Of course, whether one follows the law also depends on whether there are any better options elsewhere, and for much of history, Gypsies have not had much hope of joining a nearby community if they decided their band’s purity laws were overly burdensome.

The authors’ analysis of Gypsy law is based off accounts of two groups of Gypsies–the Kaale of Finaland and the Vlach Rom of California, circa 1970 (and thus out of date). Be careful of over-extending any of this to other Gypsy groups, and frankly, given the described delight the Gypsies took in deceiving their ethnographer back in the 70s, I wouldn’t assume it was completely accurate back then, either.

(Ethnographers are often deceived by people who think it’s funny or that the ethnographers are being way too nosy.)

Social Structure:

The basic unit [of the Vlach Rom] is the familia, a couple their adult sons, daughters-in-law, unmarried daughters and grandchildren. Above the familia is the vitsa, a larger kinship group descended from an ancestor some generations back. … Above the vitsa is the Natsiya, nation. The Vlach Rom are divided into four Natsiya

So family, extended family, and clan.

Marriage is by purchase, a payment from the family of the groom to the family of the bride. Payments are substantial, typically several thousand dollars as of 1970. While consent of bride and groom is required, it is up to a man’s parents to find him a wife and negotiate with her parents. The wife lives in her husband’s familia; in the early years of the marriage she is expected to do much of the work of the household.

Note that the family structure of the Kaale Gypsies of Finland is completely different.

The geographical unit above the Familia is the kumpania. The original meaning seems to have been an encampment, a group of households camping together. In the modern American context, it describes a unit such as the Romani settlement in Richmond. A Kumpania usually has  Rom Baro, a “Big Man,” who plays an important role in interactions with authorities such as the police and welfare department and among the Rom.

Here we see the difficulties of using an ethnonym from a foreign language–“Rom” means man (eg, Rom Baro = Big Man). You cannot play an important role in interactions among the man. You play a role among the men, plural. The plural of Rom is Roma. (The adjective is Romani. Romni is a woman.)

Anyway, in a move that clearly violates American anti-discrimination laws that the rest of us are required to follow, different kumpanias decide who gets to live there:

It may be a closed Kumpania, meaning that Romani families require permission to move in, likely to be based on vitsa membership and kinship to those already there, or it may be open. Restrictions on entry are typically enforced by the Rom Baro’s influence with local authorities. An unwelcome family can be reported to the police for crimes they id or didn’t commit, to the welfare department for violations that would otherwise go unreported. Restrictions on entry serve in part to protect current residents against competition in income-earning activities such as fortune telling.

Remember that this only works if you’re a Gypsy; if a white person tries to prevent people from entering their town or country in order to protect their job, they’re a dirty racist and deserve universal condemnation. Gypsies using the police to kick their neighbors out of their homes on false charges is totally fine, but you doing that is illegal and a sign that you are a terrible shit person.

Anyway, on to the laws:

Romania, the system of rules can be grouped into two categories. One consists of ordinary legal rules covering the obligations of Romani to each other, including extensive obligations of mutual help, especially but not exclusively between relatives. …

Obligations apply to fellow Rom not to outsiders, Gaje. … swindling or stealing from an outsider comes under Romania only to the extent that it creates problems for other Rom.

“Gaje” means outsiders; it can also be spelled “gadje.” The authors quote the source they are relying on for this amusing tidbit:

There is no word for all men and women. Human beings are either Roma or gadje.

When you use the term “Romani,” you are implicitly agreeing with this notion that Gypsies are people are you are not.

It is only a mild exaggeration to say that Romani view the non-Romani population not as part of their society but as part of their environment.

Do you ever get the impression that different people are held to different standards?

I was surprised the authors were this frank on the matter; usually people try to dance around and hide such attitudes, since they definitely reflect badly on the Gypsies.

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Gypsy neighborhood in Belgrade, Serbia: So much purity!

The second category covered by Romania is an elaborate system of purity and pollution Orthodox Judaism on steroids.

I would not believe this had I not also read it elsewhere. Many Gypsies do in fact have complicated, annoying purity laws regarding washtubs, pregnant women, clothes, and body parts, but for some reason these laws don’t extend to the trash around their communities.

 

Because pollution is contagious and Gaje neither know nor follow the rules to prevent it, association with them is sharply limited. Vlach Rom in America [in the 70s, at least] if they have to eat in a non-Romani setting such as a restaurant, prefer paper plates; they may eat with their fingers instead of utensils for fear that the latter may be polluted.

Note: I guarantee you that there are Gypsies who love restaurants and use the silverware.

As for lying, the authors quote:

The Rom often lie to each other about everyday matters, but they almost always lie to the gaje. There is no particular shame attached to lying to each other… but to lie to the gaje is certainly correct and acceptable behavior…

When ‘caught out’ in this way [that is, caught in a lie] I never saw anyone show embarrassment. They enjoyed it when a good story was put over on them as much as they enjoyed putting one over on someone else.

There is a Gypsy court system called a kris, at which major decisions are made. The court may decide to ostracize someone or declare that certain behavior is good or bad; it may declare a punishment on one group of Gypsies that caused trouble for another group, etc. The functioning of the court is not terribly consistent over time and space, since Gypsy law is unwritten and based primarily on whatever the local elders think it is.

The pollution and ostracism rules provide the most effective means (besides calling the police) that Gypsies have of regulating each others’ behavior:

Ostracism is a way in which an embedded legal system, one that exists under the rule of a state with much greater resource of coercion than the community possesses, can function. Refusing to associate with someone is not illegal, so the marime [unclean] penalty can be enforced without coming into conflict with state law.

(Oh really? It’s not illegal to refuse to associate with someone? I’ll be sure to remember that next time I’m selling a house.)

Status:

Outside the family structure, the Romani are strikingly unwilling to engage in hierarchical relationships. Men who work together in groups do it as partners, not employer/employee. When Romani find it necessary to work for the gaje, picking crops for example, they do it as day labor not long-term employees.

Exit means you don’t have to put up with annoying people lording it over you.

On feuds:

A Romanichal who believes his rights to have been violated responds by demanding, with threats of violence, compensation. … As with any well-functioning feud system, while the incentive to obey the laws or norms is provided by the threat of private violence, actual violence is the exception rather than the rule.

Feud systems are not actually known for their lack of violence, but people are easily misled by an ethnographer who says something like, “Well, I never personally saw anyone get murdered, so the murder rate in this community must be much lower than the nation as a whole.”

Now, I’ve been a bit harsh, but I do think this case shines an interesting light on how legal systems developed in the first place, top up and bottom down. Every pre-state community had some kind of norms and rules in place to manage relationships, ease business transactions (even hunter-gatherers trade with each other), and manage food production/distribution. Farmers must determine who gets which plot and how to cooperate during planting and harvesting; hunters must split their catches effectively in an environment where meat cannot be stored because refrigeration has not yet been invented. There are religious rules, intended to keep the gods happy, and purity rules to avoid contamination and germs. There are the obligations of children and parents to each other, and matters of marriage and kinship to iron out.

(We discussed this back Chinua Achebe’s Things Fall Apart.)

People did all of these things for themselves long before states got in on the game, and state law has historically not interfered too much with local administration. Take marriage, which we now see as indelibly tied up in the legal system: in the 1700s, most marriages had nothing to do with the state. People were married because they said they were married, told their friends and neighbors they were married, and then moved in together and started having children. Today we call this a “common law marriage.” People will of course have big wedding parties if they can afford them, but most people throughout history were poor, and even still, these parties did not need to involve the state.

It is only recently, for tax (and insurance) purposes, that the state has started getting particularly nosy about who is married to whom, and suddenly people have developed this ridiculous notion that only Uncle Sam can determine who is and isn’t married, even though marriage has been going on for hundreds of thousands of years longer than the US has even existed.

It is natural that these local, tribal laws people developed thousands of years ago would only dictate behavior within the local tribe and not dictate obligations to people outside one’s tribe; after all, they’re different people in different tribes who are following their own laws. We only see the emergence of “universal” laws like “murder is bad whether you murder a kinsman or a stranger” within empires that rule over multiple ethnic groups (though Hammurabi’s code still declares some murders less bad according to the victim’s hierarchical status). Empires don’t care about people so much as they care about taxes, and empires can collect more taxes when people get along, conduct trade, and don’t have feuds with each other.

Which leads naturally to the question of whether national or polynational systems are better. Empires by their nature, are polynational–that is, they contain more than one ethnic group. One of the beliefs enshrined in early 20th century liberalism was the Self-Determination of all Nations–see Woodrow Wilson’s 13 points at the end of WWI. Self-determination was the idea that the interests of the Irish people would be best served by a government composed of Irish people, who would be disinclined to let their kinsmen die of famine. The interests of Poles would be best served by an independent Poland; the interests of Germans would be best served by all of the German people living in one country run by Germans.

Current liberal thinking, however, is that polynational (or multiethnic) systems are best, presumably due to the difficulties inherent in creating single-nation states when a population is not located in a single place or two populations are already mixed together. In a polynational state, if no single ethnic group can get the upper hand and thus become dominant, then the interests of different groups may balance and the state can effectively mediate between them.

In practice, both systems have their downsides.

A true nation-state enjoys the simplicity of being able to declare local laws state laws, and the difference between how I treat my co-ethnics and foreigners is simplified by a national border between us and them.

A polyethnic state has to find a way to mange different legal systems in different regions. Sometimes states give local communities significant leeway to conduct their own affairs, staying out of the way for most everything except tax collection; sometimes, as in the USSR, states decide to completely stamp out local systems and bring everyone under a unified system. In general, modern states are far more nimble (since the invention of communication and transportation technologies like telephones, video cameras, cars, and planes that make gathering information and extending power over long distances much easier,) than their predecessors, and so take a much deeper interest in their citizens’ everyday lives.

America is in the process of transitioning from a nation of nations–it was about 90% white in 1900, with the remnants of federalism still somewhat functioning–to a polynational state in which an increasingly invasive government does its best to make sure that whites adhere to the empire’s desire for universal laws and norms.

But enough about that; on to the Kaale, Finnish Gypsies who seem to have convinced an ethnographer that they don’t understand this concept of “marriage.”

The Kaale, the Finnish Romani, a small population isolated for centuries, carry the Vlach Rom attitude towards the lower half of the body even further than other Romani, refusing to openly admit the facts of human reproduction. They have no institution of marriage. Couples that wish to reproduce are expected to first leave their family households, flee far enough away so that the woman’s kin cannot find them and retrieve her, and return only when their child is weaned and so no longer requires a visible association with its mother. On returning, the father is expected to show the humility appropriate to one who has violated the norms of his society while the women of the mother’s generation smuggle mother and child into the household, where the child will be expected to treat all of the women of his mother’s generation as equally mothers.

No way this story started as a way to avoid explaining kinship structures to some nosy outsider who kept asking too many question.

Several obvious problems suggest themselves. First, the system is stupid. Second, it makes no sense. Third, the couple have to like each other enough to want to elope for a couple of years, find a new home, and go through pregnancy, birth, and weaning before returning, but afterward are apparently supposed to pretend like they don’t have a relationship?

Let us assume that the Kaale have a fertility rate above 1 child per woman: must a woman who already has a child disappear again for two or three years every time she or a man she is interested in wants to have sex? Do they simply not have sex anymore after the birth of their first child?

One result of the Kaale rejection of sexuality is to eliminate many of the taboos associated with it among other Romani groups. There can be no restrictions associated with menstruation since enforcing them would require recognition of the fact of menstruation, and similarly with pregnancy.

Oh…kay.  I can tell this book was written by men. Guys, there is no way for women to not recognize the “fact of menstruation.” Not recognizing the fact that you menstruate means dripping blood down your legs and onto the floor/chairs. Absolutely not going to happen. Just because some women didn’t want to talk to an anthropologist or other nosy outsider about their menses doesn’t mean they aren’t aware that it happens and have some sort of way of dealing with it.

In most societies, the restrictions/taboos surrounding menstruation have little to do with pregnancy (which is pretty removed in most people’s minds) and has everything to do with keeping the bloody mess contained, (which was much trickier before the invention of modern menstrual hygiene products like pads and tampons,) and I guarantee you the Kaale don’t want blood all over their chairs anymore than you do.

A Kalle woman living in the household of her or her partner’s kin conceals the fact of pregnancy until shortly before delivery …

Guys, have you ever seen a pregnant woman? Pregnancy is not something you can conceal.

Then there are some bits about feuding, which sound more likely to be true: dead bodies are easy to count.

For Kaale feud, the relevant unit is the household, not, as among the Romanichal, the individual. All households are considered peers and here exists no mechanism above the household for peacefully settling disputes. …

Conflict between individuals of different households, if sufficiently serious, leads to duels. … If death or serious injury does occur,t he result is a blood feud. … There is no equivalent of the court procedures or arbitrated settlements that terminated Icelandic feuds.

The authors speculate for a while on why the Vlach Rom and Kaale Gypsies are so different from each other. If you ask me, it’s probably because they’re different groups of people living in completely different environments about 10,000 miles apart. Yes, they were probably part of the same group hundreds of years ago, but they split (perhaps because they didn’t like each other’s rules in the first place,) and have been developing on their own ever since. There is nothing about Kaale life that differs from Vlach Rom life in a way that leads us to conclude, “Ah, therefore it makes sense for them to pretend reproduction doesn’t exist and settle their disputes via feuds instead of courts.”

Different groups are just… different.

Please go away and Leave us Alone: Legal Systems Very Different from Ours pt 1

51ta-us7crlI am about a third of the way through Friedman, Leeson, and Skarbek’s Legal Systems Very Different from Ours, so I thought it was about time I got this discussion rolling. If you haven’t started the book yet, don’t worry–you still have plenty of time to pick it up before next week.

How have you liked the book?

While we are at it, here is a similarly interesting piece: War Making and State Making as Organized Crime, by Charles Tilly:

What distinguished the violence produced by states from the violence delivered by anyone else? In the long; run, enough to make the division between “legitimate” and “illegitimate” force credible. Eventually, the personnel of states purveyed violence on a larger scale, more effectively, more efficiently, with wider assent from their subject populations, and with readier collaboration from neighboring authorities than did the personnel of other organizations. But it took a long time for that series of distinctions to become established. Early in the state-making process, many parties shared the right to use violence, the practice of using it routinely to accomplish their ends, or both at once. The continuum ran from bandits and pirates to kings via tax collectors, regional power holders, and professional soldiers.

The uncertain, elastic line between “legitimate” and “illegitimate” violence appeared in the upper reaches of power. Early in the state-making process, many parties shared the right to use violence, its actual employment, or both at once. The long love-hate affair between aspiring state makers and pirates or bandits illustrates the division. “Behind piracy or the seas acted cities and city-states,” writes Fernand Braudel of the sixteenth century. “Behind banditry, that terrestrial piracy, appeared the continual aid of lords.” In times of war, indeed, the managers of full-fledged states often commissioned privateers, hired sometime bandits to raid them enemies, and encouraged their regular troops to take booty. In royal service, soldiers and sailors were often expected to provide for themselves by preying on the civilian population: commandeering, raping, looting, taking prizes. When demobilized, they commonly continued the same practices, but without the same royal protection; demobilized ships became pirate vessels, demobilized troops bandits.

But back to Legal Systems Very Different from Ours.

This book takes a quick look at many different legal systems–13 or 14, depending on how we count the chapter on feuds. This makes for a lot of interesting material, but it means each system is treated very quickly. Some I have enough knowledge of to say a few things independently about them; others I must just trust the authors entirely. I would be interested in an expanded version of this book that goes into some of the legal systems in a big more depth.

The first chapter is on the Imperial Chinese legal system, which is a bit less useful than a chapter on the modern Chinese legal system, but I am sure there are many books out there on the modern system if I wish to learn about it.

My overall impression of the Imperial Chinese legal system is “Please go away and leave us alone.”

The logic appears to be that people who are good and virtuous have no need of a legal system, so the goal is to encourage people to be good and virtuous so they will not bring lawsuits. If that doesn’t work, using the legal system should be unpleasant enough to discourage people from using it. This probably cuts down on the number of frivolous suits, but has certain drawbacks.

In practice, the system tended to delegate authority for keeping people in line (not committing crime, not breaking contracts) to extra-legal authorities like family heads and merchant partnerships.

Here are some of the passages I highlighted:

The Chinese legal system originated over 2000 years ago in the conflict between two views of law, Legalist and Confucian. The Legalists, who believed in using the rational self-interest of those subject to law to make them behave in the way desired by those making the law, were accused by later writers of advocating harsh penalties to drive the crime rate to near zero. …

Confucianists argued for modifying behavior not by reward and punishment but by teaching virtue. They supported unequal treatment based both on the unequal status of those to whom the law applied and on their differing relationships.

China, being an ancient civilization, managed to keep much of its legal code across the centuries:

Laws originated as statues proclaimed by Emperors and passed down from dynasty to dynasty; one source estimates that forty percent of the Qing code came from the Tang code, created about a thousand years earlier.

I wonder if any of this is still around.

The legal code was not so much an account of what was forbidden as an attempt to specify, for every possible offense, the proper punishment. … Where the offense could not be fitted into any category in the code, the court could find the defendant guilty of doing what ought not to be done or of violating an Imperial decree–not an actual degree, but one that the Emperor would have made had the matter been brought to his attention.

I find this very amusing. It definitely has some potential drawbacks, but I can also understand the exasperation of an official going “Of course you shouldn’t have done that! Everyone knows you shouldn’t do that, you imbecile!”

On the difficulty of preventing local magistrates from acquiring too much power for themselves and threatening the chain of command, the authors note a parallel with the Ottoman situation:

The Ottoman Empire had a somewhat similar approach to the problem of maintaining central control. After conquering territory, the usual pattern was to appoint the surviving members of the defeated dynasty as local rulers in some distant part of the empire. The knowledge that defeat would not deprive the losers of life, wealth, or elites status reduced the incentive to resist conquest, and a governor with no local ties was dependent on the Sultan for his authority, hence likely to be loyal.

On to the famous Chinese Examination System:

Officials, including magistrates, were largely but not entirely selected from those who had successfully passed through a series of ferociously competitive exams.

Level one accords the rank of licentiate. Passing level two meant a good chance of official employment, and level three meant nearly guaranteed office.

Our system has all of the exams and none of the guarantees.

Competition was stiff:

In the early part of the final dynasty, there were about half a million licentiates out of a population of several hundred million, only about 18,000 people who had reached the next level. The provincial exam that separated the two groups had a pass rate of about one percent. … The [third level] exam produced 200 to 300 degrees from as many as 8000 candidates each time it was given.

People have speculated on the Chinese exam system/the official appointments made based on the system having a role in boosting the average Chinese IQ (which is quite high) by allowing the brightest Chinese more wealth and security for bringing more children into the world, but at such a small percent relative to the population as a whole, we’d need to do some real demographic number crunching before concluding that the system had any overall effect.

Curiously:

The exams did not test administrative ability, knowledge of the law, expertise in solving crimes or other skills with any obvious connection to the job of district magistrate or most of the other jobs for which the exams provided a qualification.

The authors quote:

The content of the provincial examination presented an exacting challenge, especially to the novitiate. Its syllabus called for compositions on themes from the four core texts of the Ne-Confucian canon and a further five or more classics, extended dissertations on the classics, history, and contemporary subjects, verse composition, and at various times the ability to write formal administrative statements and dispatches. To be at all hopeful of success,t he candidate should have read widely in the extensive historical literature, thoroughly digested the classics, developed a fluent calligraphy, and mastered several poetic styles. …

As the authors ask, Why?

Perhaps the Chinese just wanted well-rounded, intelligent administrators rather than grinders who just “studied for the test,” and figured that testing on such wide variety of qualitative topics would do the job.

Of course in practice this probably just meant that people shifted what they were studying from one subject (say, proper punishments for various crimes) to other subjects (eg, poetry), but it’s hard to make a perfect system and we might as well ask why some systems require men to be ritually circumcised before they can assume leadership positions.

(Still better than being a Chinese eunuch.)

The authors have their own theories:

A more interesting explanation focuses on the content of what they were studying–Confucian literature and philosophy. There are two characteristics one would like officials to have. One is the ability to do a good job. The other is the desire to do a good job. … One might interpret the examination system as a massive exercise in indoctrination, training people in a set of beliefs that implied the job of government officials was to take good care of the people they were set over while being suitably obedient to the people set over them. …

The ideal Confucian Emperor would never punish anyone for anything, merely set an example of virtuous behavior so perfect that it would inspire all below him.

?? This sounds like an improbable ideal, unless espoused by the most truly ivory tower of academics.

I suppose even Imperial China had its bad ideas.

Seen from that standpoint, it made some sense to set up a system designed to produce good men, put them in power and then leave them alone.

I think Socrates would like this idea, but of course:

In the system as it actually existed, crime was prevented not by moral example but by an elaborate penal system.

The authors propose a further idea, that the purpose of the system wasn’t so much to chose officials–after all, so few officials actually got chosen that this is almost just a rare side effect of the system–but to get as many people as possible to study for the exam. If we think of studying for the exam as like going to college, and actually getting a job as like the very rare case of someone becoming an astronaut, we would certainly say that the purpose of college is not to become an astronaut, but “to produce well-educated people who are good at their jobs.”

(If we are not being cynical and going down the “college is mostly signaling” route:

The problem with this theory is that there should be much less expensive ways of generating the same evidence. So far as intelligence is concerned, a few days of testing should do it…

Well, there really ought to be a way to figure out who should be considered a tribal authority without ritual circumcision, but there you are.)

This is an interesting and really quite clever idea.

The authors’ final theory is indoctrination in the justification for the legitimacy of the Chinese state, which ties neatly into the previous idea.

On to the legal system itself:

The State and the Family: Subcontracting Enforcement

In Qing law, as in the law of earlier dynasties, legal consequences depended in part on the status of the parties, both absolute status–the rules for government officials and Manchus were different than the rules for ordinary commoners and those in turn different than the rules for groups of especially low status–and relative position within the extended family. All relatives were classified as senior or junior to each other. … Relative status in turn affected penalties…

It is common to include among the offenses of oppressive polities forcing children to inform on their parents. Imperial China had precisely the opposite approach. It was a criminal offense for a child to accuse his parent of a crime even if the parent was guilty…

My understanding is that this system can also be oppressive, especially if you are the person your parent has committed a crime against.

The system relied heavily on parents and grandparents to enforce the law against the younger members of their families (even allowing them, under certain circumstances, to carry out capital punishment).

This reliance on elder enforcement appears to be due to the relative paucity of official bureaucrats available to enforce the law, due to the dearth of people who had actually managed to pass the third exam–or perhaps the Empire did not bother increasing the number of officials because families were already doing an adequate job of policing their own.

The existence of essentially two different sets of authorities–one’s family and the state–sometimes lead to conflicts. It was illegal to disobey one’s parents, even if those parents ordered an illegal act. At the same time, the act itself remained illegal.

Another way system dealt with the paucity of legal officials was by simply discouraging people from using it by making court cases as unpleasant as possible:

One way of doing so was to treat most private practice of law as criminal. Practitioners, “litigation sticks,” were viewed as troublemakers out to stir up unnecessary conflict. … It was legal to torture witnesses in the process of extracting information from them.

The authors quote:

Shouted at and reviled by the magistrate, growled at and beaten by the constables, the position of the accused was a most unfavorable one indeed. Small wonder that having to appear in court was considered by the people at large as a terrible misfortune… In general people tried to settle their differences as much as possible out of court…

Law was a headache for any magistrate sitting as a judge. Among the public it was generally ruinous for all concerned. The fees paid to [criminal catchers] might bankrupt plaintiff as well as defendant. …

Imperial edicts even urged the populace to avoid the courts rather than crowd into them.

This is why I characterize this system as “Please go away and leave us alone.”

But what about contract law?

The authors discuss the Japanese acquire of Taiwan in 1895, prompting them to try to determine what its legal system was–creating useful records for us today:

One feature of that system was the combination of elaborate contractual practice with an almost total absence of contract law, at least at the Imperial level.

Taiwanese merchants didn’t limit their trade to far-flung family ties, as developed in some uncertain legal system. Nor did they develop private courts run by merchants, like those of medieval Europe.

The authors don’t have much of an explanation for how these merchants managed to do business, other than developing a system of contracts that minimized the chance of either party defaulting on the other. It is a pity that it has been so long since this system has been (I presume) active; it would be nice to hear how it worked from someone who knew and understood it well.

Nevertheless, it stands in sharp contrast with our own system, in which businesses are engaged in such constant legal battles with each other that lawsuits are considered simply “part of the price of doing business.” We are a deeply litigious people; where a problem arises, we are loathe to even consider working out a non-law-based solution.

It is typically assumed that businesses cannot operate without some degree of this help (even I propose a mere 90% reduction in regulatory burden; even libertarians propose that the government should concern itself with enforcing contracts,) but what if we’re all wrong? Would the Imperial Chinese system have worked better with a more user-friendly, more involved legal system? Did its very unpleasantness inspire everyone involved to behave? Or was the formal legal system largely irrelevant, and Chinese business practices shaped by other factors, like local governments, traditions, or just the cleverness and foresight of everyone involved?

 

 

Book Club: Legal Systems Very Different from Ours

Our next Book Club pick is David Friedman’s Legal Systems Very Different from Ours, a topic I’ve found intriguing for at least fifteen years.

From the Amazon blurb:

This book looks at thirteen different legal systems, ranging from Imperial China to modern Amish: how they worked, what problems they faced, how they dealt with them. Some chapters deal with a single legal system, others with topics relevant to several, such as problems with law based on divine revelation or how systems work in which law enforcement is private and decentralized. The book’s underlying assumption is that all human societies face the same problems, deal with them in an interesting variety of different ways, are all the work of grown-ups, hence should all be taken seriously. It ends with a chapter on features of past legal systems that a modern system might want to borrow.

Read up, enjoy, and let’s discuss it in about a month.

Because it is Ours: Chinua Achebe’s Things Fall Apart

Yes, caring about your own stuff or your own culture’s stuff over another people’s stuff shows in-group bias. That was inherent back there in the words “your own.” It’s yours. Of course you care about it.

Only deities achieve perfect love. Even Jesus does not call on people to love strangers; he commands his followers to love each other and love their neighbors.

What does tamed mean?” [asked the Little Prince] …

“It means to create ties,”… the fox said. “For me, you’re only a little boy, like a hundred thousand other little boys. And I have no need of you, and you have no need of me, either. For you I’m only a fox like a hundred thousand other foxes. But if you tame me we’ll need each other. You’ll be the only boy in the world for me. I’ll be the only fox in the world for you.” …

And [the Prince] felt very unhappy. His flower had told him she was the only one of her kind in the whole universe. And here were five thousand of them, all alike, in just one garden! ….

And then he said to himself, I thought I was rich because I had one flower, and all I own is an ordinary rose… and he lay down and wept. …

Then [the fox] added, “Go look at the roses again. You’ll understand that yours is the only rose in all the world.”

The Little Prince went to look at the roses again. “You’re not at all like my rose. You’re nothing at all, yet,” he told them. “No one has tamed you and you haven’t tamed anyone. You’re the way my fox was. … But I’ve made him my friend, and now he’s the only fox in all the world.” …

“Of course, an ordinary passerby would think my rose looked just like you. But my rose, all on her own, is more important than all of you together, since she’s the one I watered. … Since she’s my rose.”

— Antoine de Saint-Exupery, The Little Prince

3The inverse of loving what is yours is that you do not love what is not yours.

Part of the bittersweetness of the Little Prince is how closely it parallels the author’s own life, for not only did Saint-Exupery crash land in the Sahara, and not only was the rose based on his own wife, but he also fell from the sky and died when his plane was shot down over the Mediterranean during WWII.

Chinua Achebe’s Things Fall Apart follows the life of Okonkwo, a (fictional) Nigerian Igbo man who lived in a small village in the 1890s. The story follows Okonkwo’s determination to rise from nothing, slough off the shame of his father’s laziness, cowardice, and debt, and make a name for himself. Through Okonkwo’s eyes, we see the culture of the Onitsha Igbo, a real people, prior to the arrival of the British.

Then Okonkwo murders his foster son because the village authorities decided he should be killed (to avenge the death of a woman from Okonkwo’s tribe) and, as the title says, things fall apart.

Turning and turning in the widening gyre
The falcon cannot hear the falconer;
Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity.
— W. B. Yeats, The Second Coming

It’s an interesting work from a cultural, historical perspective.

We cannot justify Okonkwo’s culture, nor Okonkwo himself. I do not think Achebe means to. It was a culture that murdered innocent people, forced some to be permanent “outcasts,” and sanctioned the beating of women and children. Okonkwo beat his wives and children (and as mentioned, murdered his foster son to avoid looking “weak” or “cowardly” in front of the other villagers.)

And yet, we hear Achebe’s voice saying, it was theirs.

My mother is not perfect, yet she is mine. My people are not perfect, yet they are mine. My culture is not perfect, yet it is mine. Okonkwo was a beloved husband, friend, leader, and father. And people love what is theirs.

Of course, taking another perspective, we could also read the novel as “Sure, the British put a stop to many terrible things, but they were SMUG about it!”

I can’t put much stock in the position that otherwise moral people committed evil acts simply because of their culture, since culture itself comes from the people in it. “I was only following orders” stopped being an excuse during the Nuremberg Trials. We moderns are expected to question and resist our culture at every turn, and I am not inclined to extend to Oknkwo generosity that would not be extended to me.

Of course, the Igbo are not the only people to have done terrible things. We all have sinned. Yes, the French committed crimes in the course of colonialism. So did the British:

The British had difficulty conquering Igboland, which lacked central political organisation. In the name of liberating the Igbos from the Aro Confederacy, the British launched the Anglo-Aro War of 1901–1902. Despite conquering villages by burning houses and crops, continual political control over the Igbo remained elusive.[41][42] The British forces began annual pacification missions to convince the locals of British supremacy.[43] … 

After establishing political control of the country, the British implemented a system of taxation in order to force the indigenous Africans to shift from subsistence farming to wage labour. Sometimes forced labour was used directly for public works projects. These policies met with ongoing resistance[71][72]

Of course, the British also did their best to put an end to the international slave trade and stopped the Igbo practice of human sacrifice:

However, animals were used to remove evil from the land. At times during pestilence, palm fronds, an animal or a human being will be tied at the entrance of the town with hope that the disease will enter into these objects and spare the inhabitants. To be attacked by such animal is regarded as ill luck and these living sacrifices are not eaten by anyone. In the past, two living beings were buried along side chiefs as servants to serve him in the spirit world. Slaves were usually used for this.

You can appreciate the good in a culture–and people–without accepting their evil.

Have you finished the book, yet? What do you think of it?

If you haven’t started yet, don’t worry–we’ll continue this conversation in a week.

 

Book Club: The 10,000 Year Explosion pt 7: Finale

 

Niels Bohr
Niels Bohr: 50% Jewish, 100% Quantum Physics

Chapter 7 of The 10,000 Year Explosion is about the evolution of high Ashkenazi IQ; chapter 8 is the Conclusion, which is just a quick summary of the whole book. (If you’re wondering if you would enjoy the book, try reading the conclusion and see if you want to know more.)

This has been an enjoyable book. As works on human evolution go, it’s light–not too long and no complicated math. Pinker’s The Blank Slate gets into much more philosophy and ethics. But it also covers a lot of interesting ground, especially if you’re new to the subject.

I have seen at least 2 people mention recently that they had plans to respond to/address Cochran and Harpending’s timeline of Jewish history/evolution in chapter 7. I don’t know enough to question the story, so I hope you’ll jump in with anything enlightening.

The basic thesis of Chapter 7 is that Ashkenazi massive over-representation in science, math, billionaires, and ideas generally is due to their massive brains, which is due in turn to selective pressure over the past thousand years or so in Germany and nearby countries to be good at jobs that require intellect. The authors quote the historian B. D. Weinryb:

More children survived to adulthood in affluent families than in less affluent ones. A number of genealogies of business leaders, prominent rabbis, community leaders, and the like–generally belonging to the more affluent classes–show that such people often had four, six, sometimes even eight or nice children who reached adulthood…

800px-Niels_Bohr_Albert_Einstein_by_Ehrenfest
Einstein and Bohr, 1925

Weinryb cites a census of the town of Brody, 1764: homeowner household had 1.2 children per adult; tenant households had only 0.6.

As evidence for this recent evolution, the authors point to the many genetic diseases that disproportionately affect Ashkenazim:

Tay-Sachs disease, Gaucher’s disease, familial dysautonomia, and two different forms of hereditary breast cancer (BRCA1 and BRCA2), and these diseases are up to 100 times more common in Ashkenazi Jews than in other European populations. …

In principle, absent some special cause, genetic diseases like these should be rare. New mutations, some of which have bad effects, appear in every generation, but those that cause death or reduced fertility should be disappearing with every generation. … one in every twenty-five Ashkenazi Jews carries a copy of the Tay-Sachs mutation, which kills homozygotes in early childhood. This is an alarming rate.

What’s so special about these diseases, and why do the Ashkenazim have so darn many of them?

Some of them look like IQ boosters, considering their effects on the development of the central nervous system. The sphingolipid mutations, in particular, have effects that could plausibly boost intelligence. In each, there is a buildup of some particular sphingolipid, a class of modified fat molecules that play a role in signal transmission and are especially common in neural tissues. Researchers have determined that elevated levels of those sphingolipids cause the growth of more connections among neurons..

There is a similar effect in Tay-Sachs disease: increased levels of a characteristic storage compound… which causes a marked increase in the growth of dendrites, the fine branches that connect neurons. …

We looked at the occupations of patients in Israel with Gaucher’s disease… These patients are much more likely to be engineers or scientists than the average Israeli Ashkenazi Jew–about eleven times more likely, in fact.

Einstein_oppenheimer
Einstein and Oppenheimer, Father of the Atomic Bomb, c. 1950

Basically, the idea is that similar to sickle cell anemia, being heterozygous for one of these traits may make you smarter–and being homozygous might make your life considerably shorter. In an environment where being a heterozygous carrier is rewarded strongly enough, the diseases will propagate–even if they incur a significant cost.

It’s a persuasive argument.

I’d like to go on a quick tangent to Von Neumann’s Wikipedia page:

Von Neumann was a child prodigy. When he was 6 years old, he could divide two 8-digit numbers in his head [14][15] and could converse in Ancient Greek. When the 6-year-old von Neumann caught his mother staring aimlessly, he asked her, “What are you calculating?”[16]

Children did not begin formal schooling in Hungary until they were ten years of age; governesses taught von Neumann, his brothers and his cousins. Max believed that knowledge of languages in addition to Hungarian was essential, so the children were tutored in English, French, German and Italian.[17] By the age of 8, von Neumann was familiar with differential and integral calculus,[18] but he was particularly interested in history. He read his way through Wilhelm Oncken‘s 46-volume Allgemeine Geschichte in Einzeldarstellungen.[19] A copy was contained in a private library Max purchased. One of the rooms in the apartment was converted into a library and reading room, with bookshelves from ceiling to floor.[20]

JohnvonNeumann-LosAlamos
Von Neumann

Von Neumann entered the Lutheran Fasori Evangélikus Gimnázium in 1911. Wigner was a year ahead of von Neumann at the Lutheran School and soon became his friend.[21] This was one of the best schools in Budapest and was part of a brilliant education system designed for the elite. Under the Hungarian system, children received all their education at the one gymnasium. Despite being run by the Lutheran Church, the school was predominately Jewish in its student body [22] The school system produced a generation noted for intellectual achievement, which included Theodore von Kármán (b. 1881), George de Hevesy (b. 1885), Leó Szilárd (b. 1898), Dennis Gabor (b. 1900), Eugene Wigner (b. 1902), Edward Teller (b. 1908), and Paul Erdős (b. 1913).[23] Collectively, they were sometimes known as “The Martians“.[24] 

One final thing in The 10,000 Year Explosion jumped out at me:

There are also reports of individuals with higher-than-average intelligence who have nonclassic congenital adrenal hyperplasia (CAH)… CAH, which causes increased exposure of the developing fetus to androgens (male sex hormones), is relatively mild compared to diseases like Tay-Sachs. At least seven studies show high IQ in CAH patients, parents, and siblings, ranging from 107 to 113. The gene frequency of CAH among the Ashkenazim is almost 20 percent.

Holy HBD, Batman, that’ll give you a feminist movement.

If you haven’t been keeping obsessive track of who’s who in the feminist movement, many of the early pioneers were Jewish women, as discussed in a recent article by the Jewish Telegraph Agency, “A History of the Radical Jewish Feminists and the one Subject they Never Talked About“:

Heather Booth, Amy Kesselman, Vivian Rothstein and Naomi Weisstein. The names of these bold and influential radical feminists may have faded in recent years, but they remain icons to students of the women’s liberation movement …

The Gang of Four, as they dubbed themselves, were among the founders of Chicago’s Women’s Liberation Union. …

Over weeks, months and years, no subject went unturned, from the political to the sexual to the personal. They were “ready to turn the world upside down,” recalled Weisstein, an influential psychologist, neuroscientist and academic who died in 2015.

But one subject never came up: the Jewish backgrounds of the majority of the group.

“We never talked about it,” Weisstein said.

Betty Friedan was Jewish; Gloria Steinem is half Jewish. There are a lot of Jewish feminists.

Of course, Jews are over-represented in pretty much every intellectual circle. Ayn Rand, Karl Marx, and Noam Chomsky are all Jewish. Einstein and Freud were Jewish. I haven’t seen anything suggesting that Jews are more over-represented in feminism than in any other intellectual circle they’re over-represented in. Perhaps they just like ideas. Someone should come up with some numbers.

Here’s a page on Congenital Adrenal Hyperplasia. The “classic” variety is often deadly, but the non-classic (the sort we are discussing here) doesn’t kill you.

Paul_Erdos_with_Terence_Tao
Paul Erdős with Terrence Tao, 1984 (Tao isn’t Jewish, of course.)

I’ve long suspected that I know so many trans people because some intersex conditions result in smarter brains (in this case, women who are better than average at math.) It looks like I may be on the right track.

Well, that’s the end of the book. I hope you enjoyed it. What did you think? And what should we read next? (I’m thinking of doing Pinker’s Blank Slate.)

Book Club: The 10,000 Year Explosion: pt 5: Gene Flow

Genghis Khan, spreader of genes

Welcome back to the book club. Today we’re discussing Chapter 5 of The 10,000 Year Explosion, Gene Flow. In this chapter, Greg and Henry discuss some of the many ways genes can (and sometimes can’t) get around.

You know, sometimes it is difficult to think of something really interesting to say in reaction to something I’ve read. Sometimes I just think it is very interesting, and hope others find it so, too. This is one of those chapters.

So today I decided to read the papers cited in the chapter, plus a few more related papers on the subject.

High-Resolution SNPs and Microsatellite Haplotypes point to a single, Recent Entry of Native American Y Chromosomes into the Americas

Single-nucleotide polymorphism (SNP) analysis indicated that three major haplogroups, denoted as C, Q, and R, accounted for nearly 96% of Native American Y chromosomes. Haplogroups C and Q were deemed to represent early Native American founding Y chromosome lineages; however, most haplogroup R lineages present in Native Americans most likely came from recent admixture with Europeans. Although different phylogeographic and STR diversity patterns for the two major founding haplogroups previously led to the inference that they were carried from Asia to the Americas separately, the hypothesis of a single migration of a polymorphic founding population better fits our expanded database. Phylogenetic analyses of STR variation within haplogroups C and Q traced both lineages to a probable ancestral homeland in the vicinity of the Altai Mountains in Southwest Siberia. Divergence dates between the Altai plus North Asians versus the Native American population system ranged from 10,100 to 17,200 years for all lineages, precluding a very early entry into the Americas.

However, Asymmetric Male and Female Genetic Histories among Native Americans from Eastern North America

We found that sociocultural factors have played a more important role than language or geography in shaping the patterns of Y chromosome variation in eastern North America. Comparisons with previous mtDNA studies of the same samples demonstrate that male and female demographic histories differ substantially in this region. Postmarital residence patterns have strongly influenced genetic structure, with patrilocal and matrilocal populations showing different patterns of male and female gene flow. European contact also had a significant but sex-specific impact due to a high level of male-mediated European admixture. Finally, this study addresses long-standing questions about the history of Iroquoian populations by suggesting that the ancestral Iroquoian population lived in southeastern North America.

And in Mexico, your different racial mix has something to do with your risk of Type 2 Diabetes, but you know, race is a social construct or something:

Type 2 diabetes (T2D) is at least twice as prevalent in Native American populations as in populations of European ancestry, so admixture mapping is well suited to study the genetic basis of this complex disease. We have characterized the admixture proportions in a sample of 286 unrelated T2D patients and 275 controls from Mexico City and we discuss the implications of the results for admixture mapping studies. … The average proportions of Native American, European and, West African admixture were estimated as 65, 30, and 5%, respectively. The contributions of Native American ancestors to maternal and paternal lineages were estimated as 90 and 40%, respectively. In a logistic model with higher educational status as dependent variable, the odds ratio for higher educational status associated with an increase from 0 to 1 in European admixture proportions was 9.4 (95%, credible interval 3.8-22.6). This association of socioeconomic status with individual admixture proportion shows that genetic stratification in this population is paralleled, and possibly maintained, by socioeconomic stratification. The effective number of generations back to unadmixed ancestors was 6.7 (95% CI 5.7-8.0)…

In other words, Conquistador men had children with a lot of the local ladies. 

Oh hey, while we’re at it: 

The Genomic Landscape of Western South America: 

Studies of Native South American genetic diversity have helped to shed light on the peopling and differentiation of the continent, but available data are sparse for the major ecogeographic domains. These include the Pacific Coast, a potential early migration route; the Andes, home to the most expansive complex societies and to one of the most spoken indigenous language families of the continent (Quechua); and Amazonia, with its understudied population structure and rich cultural diversity. Here we explore the genetic structure of 177 individuals from these three domains, genotyped with the Affymetrix Human Origins array. We infer multiple sources of ancestry within the Native American ancestry component; one with clear predominance on the Coast and in the Andes, and at least two distinct substrates in neighboring Amazonia, with a previously undetected ancestry characteristic of northern Ecuador and Colombia. Amazonian populations are also involved in recent gene-flow with each other and across ecogeographic domains, which does not accord with the traditional view of small, isolated groups. Long distance genetic connections between speakers of the same language family suggest that languages had spread not by cultural contact alone. Finally, Native American populations admixed with post-Columbian European and African sources at different times, with few cases of prolonged isolation. 

In other news: 

Strong Selective Sweep Before 45,000 BP Displaced Archaic Admixture Across the X Chromosome

The X chromosome in non-African populations has less diversity and less Neanderthal introgression than expected. We analyzed X chromosome diversity across the globe and discovered seventeen chromosomal regions, where haplotypes of several hundred kilobases have recently reached high frequencies in non-African populations only. The selective sweeps must have occurred more than 45,000 years ago because the ancient Ust’-Ishim male also carries its expected proportion of these haplotypes. Surprisingly, the swept haplotypes are entirely devoid of Neanderthal introgression, which implies that a population without Neanderthal admixture contributed the swept haplotypes. It also implies that the sweeps must have happened after the main interbreeding event with Neanderthals about 55,000 BP. These swept haplotypes may thus be the only genetic remnants of an earlier out-of-Africa event.

Why not a later out-of-Africa event? Or a simultaneous event that just happened not to mate with Neanderthals? Or sweeps on the X chromosome that happened to remove Neanderthal DNA due to Neanderthal and X being really incompatible? I don’t know. 

The Neolithic Invasion of Europe:

Who are Europeans? Both prehistoric archaeology and, subsequently, classical population genetics have attempted to trace the ancestry of modern Europeans back to the first appearance of agriculture in the continent; however, the question has remained controversial. Classical population geneticists attributed the major pattern in the European gene pool to the demographic impact of Neolithic farmers dispersing from the Near East, but archaeological research has failed to uncover substantial evidence for the population growth that is supposed to have driven this process. … Both mitochondrial DNA and Y-chromosome analyses have indicated a contribution of Neolithic Near Eastern lineages to the gene pool of modern Europeans of around a quarter or less. This suggests that dispersals bringing the Neolithic to Europe may have been demographically minor and that contact and assimilation had an important role.

I wouldn’t call a quarter “minor.” But it is true that the Anatolian farming people who invaded Europe didn’t kill off all of the locals, and then later Europe was invaded by the non-Anatolian, Indo-European people. 

Revealing the prehistoric settling of Australia by Y chromosome and mtDNA analysis

(i) All Australian lineages are confirmed to fall within the mitochondrial founder branches M and N and the Y chromosomal founders C and F, which are associated with the exodus of modern humans from Africa ≈50–70,000 years ago. The analysis reveals no evidence for any archaic maternal or paternal lineages in Australians, despite some suggestively robust features in the Australian fossil record, thus weakening the argument for continuity with any earlier Homo erectus populations in Southeast Asia. (ii) The tree of complete mtDNA sequences shows that Aboriginal Australians are most closely related to the autochthonous populations of New Guinea/Melanesia, indicating that prehistoric Australia and New Guinea were occupied initially by one and the same Palaeolithic colonization event ≈50,000 years ago, … (iii) The deep mtDNA and Y chromosomal branching patterns between Australia and most other populations around the Indian Ocean point to a considerable isolation after the initial arrival. (iv) We detect only minor secondary gene flow into Australia, and this could have taken place before the land bridge between Australia and New Guinea was submerged ≈8,000 years ago…

Aboriginal Australian mitochondrial genome variation

Aboriginal Australians represent one of the oldest continuous cultures outside Africa, with evidence indicating that their ancestors arrived in the ancient landmass of Sahul (present-day New Guinea and Australia) ~55 thousand years ago. … We have further resolved known Aboriginal Australian mitochondrial haplogroups and discovered novel indigenous lineages by sequencing the mitogenomes of 127 contemporary Aboriginal Australians. In particular, the more common haplogroups observed in our dataset included M42a, M42c, S, P5 and P12, followed by rarer haplogroups M15, M16, N13, O, P3, P6 and P8. We propose some major phylogenetic rearrangements, such as in haplogroup P where we delinked P4a and P4b and redefined them as P4 (New Guinean) and P11 (Australian), respectively. Haplogroup P2b was identified as a novel clade potentially restricted to Torres Strait Islanders. Nearly all Aboriginal Australian mitochondrial haplogroups detected appear to be ancient, with no evidence of later introgression during the Holocene.

Meanwhile, in Indonesia

We find that recent population history within Indonesia is complex, and that populations from the Philippines made important genetic contributions in the early phases of the Austronesian expansion. Different, but interrelated processes, acted in the east and west. The Austronesian migration took several centuries to spread across the eastern part of the archipelago, where genetic admixture postdates the archeological signal. As with the Neolithic expansion further east in Oceania and in Europe, genetic mixing with local inhabitants in eastern Indonesia lagged behind the arrival of farming populations. In contrast, western Indonesia has a more complicated admixture history shaped by interactions with mainland Asian and Austronesian newcomers, which for some populations occurred more than once. Another layer of complexity in the west was introduced by genetic contact with South Asia and strong demographic events in isolated local groups.

I liked the quote from Jared Diamond (say what you will about him, I like Diamond. He at least tries hard to tackle difficult questions):  

“When I was living among Elopi tribespeople in west New Guinea and wanted to cross the territory of the neighboring Fayu tribe in order to reach a nearby mountain, the Elopis explained tome matter-of-factly that the Fayus would kill me if I tried. From a New Guinea perspective, it seemed so perfectly natural and self-explanatory. Of course the Fayus will kill any trespasser…”

This is why people often claim that we moderns are the WEIRDOs. 

Evidence that Alexander the Great got around (the world)–Y-Chromosomal Evidence for a Limited Greek Contribution to the Pathan population of Pakistan

Three Pakistani populations residing in northern Pakistan, the Burusho, Kalash and Pathan claim descent from Greek soldiers associated with Alexander’s invasion of southwest Asia. … In pairwise comparisons between the Greeks and the three Pakistani populations using genetic distance measures sensitive to recent events, the lowest distances were observed between the Greeks and the Pathans. Clade E3b1 lineages, which were frequent in the Greeks but not in Pakistan, were nevertheless observed in two Pathan individuals, one of whom shared a 16 Y-STR haplotype with the Greeks. The worldwide distribution of a shortened (9 Y-STR) version of this haplotype, determined from database information, was concentrated in Macedonia and Greece, suggesting an origin there. Although based on only a few unrelated descendants this provides strong evidence for a European origin for a small proportion of the Pathan Y chromosomes.

Of course, who can discuss genetic spread without mentioning that lord of men, Genghis Khan? 

We have identified a Y-chromosomal lineage with several unusual features. It was found in 16 populations throughout a large region of Asia, stretching from the Pacific to the Caspian Sea, and was present at high frequency: ∼8% of the men in this region carry it, and it thus makes up ∼0.5% of the world total. The pattern of variation within the lineage suggested that it originated in Mongolia ∼1,000 years ago. Such a rapid spread cannot have occurred by chance; it must have been a result of selection. The lineage is carried by likely male-line descendants of Genghis Khan, and we therefore propose that it has spread by a novel form of social selection resulting from their behavior.

“Novel” lol. 

And finally, Blue Eyes

Several studies have shown that the OCA2 locus is the major contributor to the human eye color variation. By linkage analysis of a large Danish family, we finemapped the blue eye color locus to a 166 Kbp region within the HERC2 gene. … The brown eye color allele of rs12913832 is highly conserved throughout a number of species. … One single haplotype, represented by six polymorphic SNPs covering half of the 3′ end of the HERC2 gene, was found in 155 blue-eyed individuals from Denmark, and in 5 and 2 blue-eyed individuals from Turkey and Jordan, respectively. Hence, our data suggest a common founder mutation in an OCA2 inhibiting regulatory element as the cause of blue eye color in humans. In addition, an LOD score of Z = 4.21 between hair color and D14S72 was obtained in the large family, indicating that RABGGTA is a candidate gene for hair color.

What about you? What did you think of this chapter?

Book Club: The 10,000 Year Explosion: pt 4 Agriculture

Welcome back to EvX’s Book Club. Today we’re discussing Chapter 4 of The 10,000 Year Explosion: Consequences of Agriculture.

A big one, of course, was plague–on a related note, Evidence for the Plague in Neolithic Farmers’ Teeth:

When they compared the DNA of the strain recovered from this cemetery to all published Y. pestis genomes, they found that it was the oldest (most basal) strain of the bacterium ever recovered. Using the molecular clock, they were able to estimate a timeline for the divergence and radiation of Y. pestis strains and tie these events together to make a new, testable model for the emergence and spread of this deadly human pathogen.

These analyses indicate that plague was not first spread across Europe by the massive migrations by the Yamnaya peoples from the central Eurasian steppe (around 4800 years ago)… Rascovan et al. calculated the date of the divergence of Y. pestis strains at between 6,000 and 5,000 years ago. This date implicates the mega-settlements of the Trypillia Culture as a possible origin point of Y. pestis. These mega-settlements, home to an estimated 10,000-20,000 people, were dense concentrations of people during that time period in Europe, with conditions ideal for the development of a pandemic.

The Cucuteni-Trypilia Culture flourished between the Carpathian Mountains and the Black Sea from 4800-3000 BC. It was a neolithic–that is, stone age–farming society with many large cities. Wikipedia gives a confused account of its demise:

According to some proponents of the Kurgan hypothesis of the origin of Proto-Indo-Europeans … the Cucuteni–Trypillia culture was destroyed by force. Arguing from archaeological and linguistic evidence, Gimbutas concluded that the people of the Kurgan culture (a term grouping the Yamnaya culture and its predecessors) … effectively destroyed the Cucuteni–Trypillia culture in a series of invasions undertaken during their expansion to the west. Based on this archaeological evidence Gimbutas saw distinct cultural differences between the patriarchal, warlike Kurgan culture and the more peaceful egalitarian Cucuteni–Trypillia culture, … which finally met extinction in a process visible in the progressing appearance of fortified settlements, hillforts and the graves of warrior-chieftains, as well as in the religious transformation from the matriarchy to patriarchy, in a correlated east–west movement.[26] In this, “the process of Indo-Europeanization was a cultural, not a physical, transformation and must be understood as a military victory in terms of successfully imposing a new administrative system, language, and religion upon the indigenous groups.[27]

How does it follow that the process was a cultural, not physical transformation? They got conquered.

In his 1989 book In Search of the Indo-Europeans, Irish-American archaeologist J. P. Mallory, summarising the three existing theories concerning the end of the Cucuteni–Trypillia culture, mentions that archaeological findings in the region indicate Kurgan (i.e. Yamnaya culture) settlements in the eastern part of the Cucuteni–Trypillia area, co-existing for some time with those of the Cucuteni–Trypillia.[4]Artifacts from both cultures found within each of their respective archaeological settlement sites attest to an open trade in goods for a period,[4] though he points out that the archaeological evidence clearly points to what he termed “a dark age,” its population seeking refuge in every direction except east. He cites evidence of the refugees having used caves, islands and hilltops (abandoning in the process 600–700 settlements) to argue for the possibility of a gradual transformation rather than an armed onslaught bringing about cultural extinction.[4]

How is “refugees hiding in caves” a “gradual transformation?” That sounds more like “people fleeing an invading army.”

The obvious issue with that theory is the limited common historical life-time between the Cucuteni–Trypillia (4800–3000 BC) and the Yamnaya culture (3300–2600 BC); given that the earliest archaeological findings of the Yamnaya culture are located in the VolgaDonbasin, not in the Dniester and Dnieper area where the cultures came in touch, while the Yamnaya culture came to its full extension in the Pontic steppe at the earliest around 3000 BC, the time the Cucuteni–Trypillia culture ended, thus indicating an extremely short survival after coming in contact with the Yamnaya culture.

How is that an issue? How long does Wikipedia think it takes to slaughter a city? It takes a few days. 300 years of contact is plenty for both trade and conquering.

Another contradicting indication is that the kurgans that replaced the traditional horizontal graves in the area now contain human remains of a fairly diversified skeletal type approximately ten centimetres taller on average than the previous population.[4]

What are we even contradicting? Sounds like they got conquered, slaughtered, and replaced.

Then Wikipedia suggests that maybe it was all just caused by the weather (which isn’t a terrible idea.) Drought weakened the agriculturalists and prompted the pastoralists to look for new grasslands for their herds. They invaded the agriculturalists’ areas because they were lush and good for growing grain, which the pastoralists’ cattle love eating. The already weakened agriculturalists couldn’t fight back.

ANYWAY. Lets get on with Greg and Henry’s account, The 10,000 Year Explosion:

The population expansion associated with farming increased crowding, while farming itself made people sedentary. Mountains of garbage and water supplies contaminated with human waste favored the spread of infectious disease. …

Most infectious diseases have a critical community size, a  number and concentration of people below which they cannot persist. The classic example is measles, which typically infects children and remains infectious for about ten days, after which the patient has lifelong immunity. In order for measles to survive, the virus that causes it, the paramyxovirus, must continually find unexposed victims–more children. Measles can only persist in a large, dense population: Populations that are too small or too spread out (under half a million in close proximity) fail to produce unexposed children fast enough, so the virus dies out.

Measles, bubonic plague, smallpox: all results of agriculture.

Chickenpox: not so much.

I wonder if people in the old Cucuteni–Trypillia area are particularly immune to bubonic plague, or if the successive waves of invading steppe nomads have done too much genetic replacement (slaughtering) for adaptations to stick around?

Harpending and Cochran then discuss malaria, which has had a big impact on human genomes (eg, sickle cell,) in the areas where malaria is common.

In general, the authors play it safe in the book–pointing to obvious cases of wide-scale genetic changes like sickle cell that are both undoubtable and have no obvious effect on personality or intelligence. It’s only in the chapter on Ashkenazi IQ that they touch on more controversial subjects, and then in a positive manner–it’s pleasant to think, “Why was Einstein so smart?” and less pleasant to think, “Why am I so dumb?”

However:

It’s time to address the old chestnut that biological differences among human populations are “superficial,” only skin-deep. It’s not true: We’re seeing genetically caused differences in all kinds of functions, and every such differences was important enough to cause a significant increase in fitness (number of offspring)–otherwise it wouldn’t have reached high frequency in just a few millennia.

As for skin color, Cochran and Harpending lean on the side of high-latitude lightening having been caused by agriculture, rather than mere sunlight levels:

Interestingly, the sets of changes driving light skin color in China are almost entirely different from those performing a similar function in Europe. …

Many of these changes seem to be quite recent. The mutation that appears to have the greatest effect on skin color among Europeans and neighboring peoples, a variant of SLC24A5, has spread with astonishing speed. Linkage disequilibrium… suggests that it came into existence about 5,800 years ago, but it has a frequency of 99 percent throughout Europe and is found at significant levels in North Africa, East Africa, and as far east as India and Ceylon. If it is indeed that recent, it must have had a huge selective advantage, perhaps as high as 20 percent. It would have spread so rapidly that, over a long lifetime a farmer could have noticed the change in appearance in his village.

Wow.

In humans, OAC2 … is a gene involved in the melanin pathway… Species of fish trapped in caves… lose their eyesight and become albinos over many generations. … Since we see changes in OCA2 in each [fish] case, however, there must have been some advantage in knocking out OCA2, at least in that underground environment. The advantage cannot like in increased UV absorption, since there’s no sunlight in those caves.

There are hints that knocking out OCA2, or at least reducing its activity, may he advantageous… in humans who can get away with it. We see a pattern that suggests that having one inactive copy of OCA2 is somehow favored even in some quite sunny regions. In southern Africa, a knocked-out version of OCA2 is fairly common: The gene frequency is over 1 percent.

And that’s an area with strong selection for dark skin.

A form of OCA2 albinism is common among the Navajo and other neighboring tribes, with gene frequencies as high as 4.5 percent. The same pattern appears in southern Mexico, eastern Panama, and southern Brazil. All of which suggests that heterozygotes…may ave some advantage.

Here is an article on the possibility of sexual selection for albinism among the Hopi.

So why do Europeans have such variety in eye and hair color?

Skeletons

The skeletal record clearly supports the idea that there has been rapid evolutionary change in humans over the past 10,000 years. The human skeleton has become more gracile–more lightly built–though more so in some populations than others. Our jaws have shrunk, our long bones have become lighter, and brow ridges have disappeared in most populations (with the notable exception of Australian Aborigines, who have also changed, but not as much; they still have brow ridges, and their skulls are about twice as thick as those of other peoples.)

This could be related to the high rates of interpersonal violence common in Australia until recently (thicker skulls are harder to break) or a result of interbreeding with Neanderthals and Denisovans. We don’t know what Denisovans looked like, but Neanderthals certainly are noted for their robust skulls.

Skull volume has decreased, apparently in all populations: In Europeans, volume is down about 10 percent from the high point about 20,000 years ago.

This seems like a bad thing. Except for mothers.

Some changes can be seen even over the past 1,000 years. English researchers recently compared skulls from people who died in the Black Death ([approximately] 650 years ago), from the crew of the Mary Rose,a  ship that sank in Tudor times ([approximately] 450 years ago) and from our contemporaries. The shape of the skull changed noticeably over that brief period–which is particularly interesting because we know there has been no massive population replacement in England over the past 700 years.

Hasn’t there been a general replacement of the lower classes by the upper classes? I think there was also a massive out-migration of English to other continents in the past five hundred years.

The height of the cranial vault of our contemporaries was about 15 percent larger than that of the earlier populations, and the part of the skull containing the frontal lobes was thus larger.

This is awkwardly phrased–I think the authors want the present tense–“the cranial vault of our contemporaries is…” Nevertheless, it’s an interesting study. (The frontal lobes control things like planning, language, and math.) 

We then proceed to the rather depressing Malthus section and the similar “elites massively out-breeding commoners due to war or taxation” section. You’re probably familiar with Genghis Khan by now. 

We’ve said that the top dogs usually had higher-than-average fertility, which is true, but there have been important exceptions… The most common mistake must have been living in cities, which have almost always been population sinks, mostly because of infectious disease. 

They’re still population sinks. Just look at Singapore. Or Tokyo. Or London. 

The case of silphium, a natural contraceptive and abortifacient eaten to extinction during the Classical era, bears an interesting parallel to our own society’s falling fertility rates. 

And of course, states domesticate their people: 

Farmers don’t benefit from competition between their domesticated animals or plants… Since the elites were in a very real sense raising peasants, just as peasants raised cows, there must have been a tendency for them to cull individuals who were more aggressive than average, which over time would have changed the frequencies of those alleles that induced such aggressiveness.

On the one hand, this is a very logical argument. On the other hand, it seems like people can turn on or off aggression to a certain degree–uber peaceful Japan was rampaging through China only 75 years ago, after all. 

Have humans been domesticated? 

(Note: the Indians captured by the Puritans during the Pequot War may have refused to endure the yoke, but they did practice agriculture–they raised corn, squash and beans, in typical style. Still, they probably had not endured under organized states for as long as the Puritans.)

There is then a fascinating discussion of the origins of the scientific revolution–an event I am rather fond of. 

Although we do not as yet fully understand the true causes of the scientific and industrial revolution, we must now consider the possibility that continuing human evolution contributed to that process. It could explain some of the odd historical patterns that we see.

Well, that’s enough for today. Let’s continue with Chapter 5 next week.

How about you? What are your thoughts on the book?

Book Club: The 10,000 Year Explosion, Part 3

940px-Centres_of_origin_and_spread_of_agriculture.svg
The spread of agriculture

Welcome back to the Book Club. Today we’re reading Chapter 3: Agriculture, from Cochran and Harpending’s The 10,000 Year Explosion: How Civilization Accelerated Human Evolution.

One of my fine readers asked for “best of” recommendations for Cochran and Harpending’s blog, West Hunter. This is a good question, and as I have not yet found a suitable list, I thought I would make my own.

However, the West Hunter is long, so I’m only doing the first year for now:

My friend the Witch Doctor:

Only a handful of Herero shared my skepticism about witchcraft. People in the neighborhood as well as several other employees were concerned about Kozondo’s problem. They told me that he had to be taken to a well known local witch doctor. “Witch doctor” I said, “you all have been watching too many low budget movies. We call them traditional healers these days, not witch doctors”. They all, including Kozondo, would have none of it. “They are bad and very dangerous people, not healers” he said. It quickly became apparent that I was making a fool of myself trying to explain why “traditional healer” was a better way to talk than “witch doctor”. One of our group had some kind of anti-anxiety medicine. We convinced Kozondo to try one but it had no effect at all. Everyone agreed that he must consult the witch doctor so we took him. …

That evening we had something like a seminar with our employees and neighbors about witchcraft. Everyone except the Americans agreed that witchcraft was a terrible problem, that there was danger all around, and that it was vitally important to maintain amicable relations with others and to reject feelings of anger or jealousy in oneself. The way it works is like this: perhaps Greg falls and hurts himself, he knows it must be witchcraft, he discovers that I am seething with jealousy of his facility with words, so it was my witchcraft that made him fall. What is surprising is that I was completely unaware of having witched him so he bears me no ill will. I feel bad about his misfortune and do my best to get rid of my bad feelings because with them I am a danger to friends and family. Among Herero there is no such thing as an accident, there is no such thing as a natural death, witchcraft in some form is behind all of it. Did you have a gastrointestinal upset this morning? Clearly someone slipped some pink potion in the milk. Except for a few atheists there was no disagreement about this. Emotions get projected over vast distances so beware.

Even more interesting to us was the universal understanding that white people were not vulnerable to witchcraft and could neither feel it nor understand it. White people literally lack a crucial sense, or part of the brain. An upside, I was told, was that we did not face the dangers that locals faced. On the other hand our bad feelings could be projected so as good citizens we had to monitor carefully our own “hearts”.

Amish Paradise:

French Canadian researchers have shown that natural selection has noticeably sped up reproduction among the inhabitants of Île aux Coudres, an island in the St. Lawrence River –  in less than 150 years. Between 1799 and 1940, the age at which women had their first child dropped from 26 to 22, and analysis shows this is due to genetic change.

… Today the French of Quebec must  differ significantly (in those genes that influence this trait)  from people in France, which has had relatively slow population growth.  …

The same must be the case for old American types whose ancestors – Puritans, for example – arrived early and went through a number of high-fertility generations in colonial days.  It’s likely the case for the Mormons, who are largely descended from New Englanders. I’ve heard of odd allele frequencies  in CEU  (involving FSH) that may relate to this.

Something similar must be true of the Boers as well.

I would guess that a similar process operated among the first Amerindians that managed to get past  the ice in North America.  America south of the glaciers would have been a piece of cake for anyone tough enough to make a living as a hunter in Beringia – lush beyond belief, animals with no experience of humans.

Six Black Russians:

(Black Russians are, I think, an alcoholic beverage.)

Every now and then, I notice someone, often an anthropologist,  saying that human cognitive capability just has to be the same in all populations.  According to Loring Brace, “Human cognitive capacity , founded on the ability to learn a language, is of equal survival value to all human groups, and consequently there is no valid reason to expect that there should be average differences in intellectual ability among living human populations. ”

There are a lot of ideas and assumptions in that quote, and as far as I can tell, all of them are wrong.  …

Populations vary tremendously in the fraction that contributes original work in science and technology – and that variation mostly agrees with the distribution of IQ.

And Your Little Dog, Too!

As I have mentioned before,  the mtDNA of European hunter-gathers seems to be very different from that of modern Europeans. The ancient European mtDNA pool was about 80% U5b – today that lineage is typically found at 10% frequency or lower, except in northern Scandinavia. Haplogroup H, currently the most common in Europe, has never been found in early Neolithic or  pre-Neolithic Europeans.  …

Interestingly, there is a very similar  pattern in canine mtDNA.  Today Europeans dogs fall into four haplotypes: A (70%), B(16%), C (6%), and D(8%).  But back in the day, it seems that the overwhelming majority of dogs (88%)  were type C,  12% were in group A, while B and D have not been detected at all.

Lewontin’s Argument 

(always bears re-addressing)

Richard Lewontin argued that since most (> 85%) genetic variation in humans is within-group, rather than between groups, human populations can’t be very different. Of course, if this argument is valid, it should apply to any genetically determined trait. Thus the  variation in skin color within a population should be larger than the skin color differences between populations – except that it’s not. The difference in skin color between Europeans and Pygmies is large, so large that there is no overlap at all.

The Indo-European Advantage

There is a large region of homogeneity on European haplotypes with the mutation [for lactose tolerance], telling us that it has arisen to high frequency within the last few thousand years. …

In a dairy culture where fresh milk was readily available, children who could drink it obtained about 40% more calories from milk than children who were not LT.

Consider that 1 Liter of cow’s milk has

* 250 Cal from lactose
* 300 Cal from fat
* 170 Cal from protein

or 720 Calories per liter. But what if one is lactose intolerant? Then no matter whether or not flatulence occurs that person does not get the 250 Calories of lactose from the liter of milk, but only gets 470.

The Hyperborean Age

I was contemplating Conan the Barbarian, and remembered the essay that Robert E. Howard wrote about the  background of those stories – The Hyborian Age.  I think that the flavor of Howard’s pseudo-history is a lot more realistic than the picture of the human past academics preferred over the past few decades. …

Given the chance (sufficient lack of information), American anthropologists assumed that the Mayans were peaceful astronomers. Howard would have assumed that they were just another blood-drenched snake cult: who came closer? …

Most important, Conan, unlike the typical professor, knew what was best in life.

Class, Caste, and Genes: 

If there is any substantial heritability of merit, where merit is whatever leads to class mobility, then mobility ought to turn classes into hereditary castes surprisingly rapidly.

A start at looking into genetic consequences of meritocracy is to create the simplest possible model and follow its implications. Consider free meritocracy in a two class system, meaning that each generation anyone in the lower class who has greater merit than someone in the upper class immediately swaps class with them. …

Back to the book. Chapter 3: Agriculture: The Big Change

This chapter’s thesis is the crux of the book: agriculture simultaneously exposed humans to new selective pressured and allowed the human population to grow, creating a greater quantity of novel mutations for natural selection to work on.

Sixty thousand years ago, before the expansion out of Africa, there were something like a quarter of a million modern humans. By the Bronze Age, 3,000 years ago that number was roughly 60 million. 

Most random mutations fall somewhere between “useless” and “kill you instantly,” but a few, like lactase persistence, are good. I’m just making up numbers, but suppose 1 in 100 people has good, novel mutation. If your group has 100 people in it (per generation), then you get one good mutation. If your group has 1,000 people, then you get 10 good mutations.

Evolution isn’t like getting bitten by a radioactive spider–it can only work on the genetic variation people actually have. More genetic variation=more chances at getting a good gene that helps people survive.

Or to put it another way, we can look at a population and use “time” as one of our dimensions. Imagine a rectangle of people–all of the people in a community, over time–100 people in the first generation, 100 in the second, etc. After enough time, (10 generations or about 200 years,) you will have 1,000 people and of course hit 10 favorable mutations.

Increasing the population per generation simply increases the speed with which you get those 10 good mutations.

Interestingly:

One might think that it would take much longer for a favorable mutation to spread through such a large population than it would for one to spread through a population as small as the one that existed in the Old Stone Ag. But sine the frequency of an advantageous allele increases exponentially with time in a well-mixed population, rather like the flu, it takes only twice as long to spread through a population of 100 million as it does to spread through a population of 10,000.

The authors note that larger populations can generate more good, creative ideas, not just genes.

Agriculture–and its attendant high population densities–brought about massive cultural changes to human life, from the simple fact of sedentism (for non-pastoralists) to the ability to store crops for the winter, build long-term housing, and fund governments, which in turn created and enforced laws which further changed how humans lived and interacted. 

(Note: “government” pre-dates agriculture, but was rather different when people had no surplus grain to take as taxes.)

Agriculture also triggered the spread of plagues, as people now lived in groups large (and often squalid) enough to breed and transmit them. Related: Evidence for the Plague in Neolithic Farmers’ Teeth.

Plagues have been kind of a big deal in the history of civilization.

On government:

Combined with sedentism, these developments eventually led to the birth of governments, which limited local violence. Presumably, governments did this because it let them extract more resources from their subjects…

Peasants fighting among themselves interferes with the economy. Governments don’t like it and will tend to hang the people involved.

Some people call it self-domestication.

Recent studies have found hundreds of ongoing [genetic] sweeps–sweeps begun thousands of years ago that are still in progress today. Some alleles have gone to fixation, more have intermediate frequencies, and most are regional. Many are very recent: the rate of origination peaks at around 5,000 years ago in the European and Chinese samples, and about 8,500 years ago in the African sample.

I assume that these genes originating about 5,000 years ago are mostly capturing the Indo-European (pastoralist) and Anatolian (farming) expansions. I don’t know what happened in China around 5,000 years ago, but I wouldn’t be surprised if whatever triggered the Indo-Europeans to start moving in central Asia were connected with events further to the east.

IIRC, 8,500 years ago is too early for the Bantu expansion in Africa, so must be related to something else.

There is every reason to think that early farmers developed serious health problems from this low-protein, vitamin -short, high-carbohydrate diet. Infant mortality increased, and the poor diet was likely one of the causes. you can see the mismatch between the genes and the environment in the skeletal evidence Humans who adopted agriculture shrank: average height dropped  by almost five inches.

I have seen this claim many times, and still find it incredible. I am still open to the possibility of it having been caused by a third, underlying factor, like “more people surviving diseases that had formerly killed them.”

There are numerous signs of pathology in the bones of early agriculturalists. In the Americas, the introduction of maize led to widespread tooth decay and anemia due to iron deficiency…

Of course, over time, people adapted to their new diets. You are not a hunter-gatherer. (Probably. If you are, hello!)

…Similarly, vitamin D shortages in the new die may have driven the evolution of light skin in Europe and northern Asia. Vitamin D is produced by ultraviolet radiation from the sun acting on our skin… Since there is plenty of vitamin D in fresh meat, hunter-gatherers in Europe may not have suffered from vitamin D shortages and thus may have been able to get by with fairly dark skin. In fact, this must have been the case, since several of the major mutations causing light skin color appear to have originated after the birth of agriculture. vitamin D was not abundant in the new cereal-based diet, and any resulting shortages would have been serious, since they could lead to bone malformations (rickets,) decreased resistance to infectious diseases, and even cancer. …

I have read that of the dark-skinned peoples who have recently moved to Britain, the vegetarians among them have been the hardest-hit by vitamin D deficiency. Meat is protective. 

Peoples who have farmed since shortly after the end of the Ice Age (such as the inhabitants of the Middle East) must have adapted most thoroughly to agriculture. In areas where agriculture is younger, such as Europe or China, we’d expect to see fewer adaptive changes… In groups that had remained foragers, there would presumably be no such adaptive changes…

Populations that have never farmed or that haven’t farmed for long, such as the Australian Aborigines and many Amerindians, have characteristic health problems today when exposed to Western diets.

EG, Type 2 diabetes.

Dr. (of dentistry) Weston Price has an interesting book, Nutrition and Physical Degeneration, that describes people Price met around the world, their dental health, and their relationship to Western or traditional diets. (Written/published back in the 1930s.) I’m a fan of the book; I am not a fan of the kind of weird organization that publishes it. That organization promotes fringe stuff like drinking raw milk, but as far as I can recall, I didn’t see anything about drinking raw milk in the entirety of Dr. Price’s tome; Dr. Price wasn’t pushing anything fringe, but found uncontroversial things like “poverty-stricken children during the Great Depression did better in school when given nutritious lunches.” Price was big on improper nutrition as the cause of tooth decay and was concerned about the effects of industrialization and Western diets on people’s bones and teeth.

So we’ve reached the end of Chapter 3. What did you think? Do you agree with Greg and Henry’s model of how Type 2 Diabetes arises, or with the “thrifty genotype” promulgated by James Neel? And why do metabolic syndromes seem to affect poor whites more than affluent ones?

What about the higher rates of FAS among African Americans than the French (despite the French love of alcohol) or the straight up ban on alcohol in many Islamic (ancient farming) cultures? What’s going on there?

And any other thoughts you want to add.

See you next Wednesday for chapter 4.

Book Club: The 10,000 Year Explosion pt. 2: Behavioral Modernity 

 

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Neanderthal skull

Welcome back to EvX’s book club. Today we’re discussing Cochran and Harpending’s The 10,000 Year Explosion: How Civilization Accelerated Human Evolution, chapter 2: The Neanderthal Within.

How did you like the chapter?

Unless I have missed a paper somewhere, this is a remarkable chapter, for The 10,000 Year Explosion was published in 2009, and the first Neanderthal genome showing more overlap with Europeans (and Asians) than Sub-Saharans was published in 2010. Greg and Henry did know of genetic evidence that humans have about 5% admixture from some archaic sister-species, but no one yet had evidence of which species, nor was there popular agreement on the subject. Many scientists still rejected the notion of Sapiens-Neanderthal interbreeding when Cochran and Harpending laid out their bold claim that not only had it happened, but it was a critical moment in human history, jump-starting the cultural cultural effervescence known as behavioral modernity.

Homo sapiens have been around for 300,000 years–give or take a hundred thousand–but for most of that time, we left behind rather few interesting artifacts. As the authors point out, we failed to develop agriculture during the Eemian interglacial (though we managed to develop agriculture at least 7 times, independently, during the current interglacial). Homo sapiens attempted to leave Africa several times before 70,000 years ago, but failed each time, either because they weren’t clever enough to survive in their new environment or couldn’t compete with existing hominins (ie, Neanderthals) in the area.

DBoAOVxWsAAYu6jSapiens’ technology didn’t do much interesting for the first couple hundred thousand years, either. Yet 70,000 years ago, sapiens did manage to leave Africa, displace the Neanderthals, spread into radically new climates, developed long distance trade and art, and eventually agriculture and everything we now enjoy here in the modern world.

According to Wikipedia, behavioral modernity includes:

Burial, fishing, art, self-decoration via jewelry or pigment, bone tools, sharp blades, hearths, multi-part tools, long-distance transportation of important items, and regionally distinct artifacts.

This leaves two important questions re: Cochran and Harpending’s theory. First, when exactly did behavioral modernity emerge, and second, was it a gradual transition or a sudden explosion?

Prehistoric art is tricky to date–and obviously did not always get preserved–but Blombos Cave, South Africa, currently contains our earliest piece, from about 70,000-100,000 years ago. The Blombos art is not figurative–it’s patterns of crosshatched lines–but there’s a fair amount of it. Blombos appears to have been an ochre-processing spot (the art is made with or on pieces of ochre) littered with thousands of leftover scraps. According to Wikipedia:

In 2008 an ochre processing workshop consisting of two toolkits was uncovered in the 100,000-year-old levels at Blombos Cave, South Africa.[3] Analysis shows that a liquefied pigment-rich mixture was produced and stored in the shells of two Haliotis midae (abalone), and that ochre, bone, charcoal, grindstones and hammer-stones also formed a composite part of the toolkits. As both toolkits were left in situ, and as there are few other archaeological remains in the same layer, it seems the site was used primarily as a workshop and was abandoned shortly after the pigment-rich compounds were made. Dune sand then blew into the cave from the outside, encapsulated the toolkits and by happenstance ensured their preservation before the next occupants arrived, possibly several decades or centuries later.

The application or use of the compound is not self-evident. No resins or wax were detected that might indicate it was an adhesive for hafting.

70 beads made from shells with holes drilled in them have also been found at Blombos.

Blombos is interesting, but the “art” is not actually very good–and we can’t say for sure that it was meant as art at all. Maybe the locals were just scraping the rocks to get the ochre off, for whatever purposes.

Indisputable art emerges a little later, around 40,000 years ago–simultaneously, it appears, in Europe, Asia, Australia, and Indonesia. The archaeology of Africa is less well-documented (in part because things just disintegrate quickly in some areas), but the earliest known sub-Saharan figurative art is about 26,000 years old. This art is both more advanced (it actually looks like art) and more abundant than its predecessors–the Sungir burial, dated to around 30,000-34,000 BC, for example, contains over 13,000 beads–a stark contrast to Blombos’s 70.

722px-homo_sapiens_lineage-svgIf a specific event triggered the simultaneous development of figurative art–and other aspects of behavioral modernity–in four different parts of the world, that event would logically have occurred before those groups split up. The timing of our interbreeding with Neanderthals–“In Eurasia, interbreeding between Neanderthals and Denisovans  with modern humans took place several times between about 100,000 and 40,000 years ago, both before and after the recent out-of-Africa migration 70,000 years ago”–is therefore temporaly perfect.

Subsequent back-migration could have then carried the relevant Neanderthal genomes into Africa–for regardless of where or how behavioral modernity started, all humans now have it.

So what do you think? Did we talk the Neanderthals to death? Did we get the gene for talking from the Neanderthals? Did we out-think them? Or did we just carry some disease or parasite that wiped them out? Or did they wipe themselves out via maternal death in labor, due to their enormous skulls?

(As for FOXP2, it appears that the version found in humans and Neanderthals is slightly different, so I find it a little doubtful that we got it from them.)

A couple of interesting quotes:

In several places, most clearly in central and southwestern France and part of northern Spain, we find a tool tradition that lasted from about 35,000 to 28,000 years ago (the Chatelperronian) that appears to combine some of the techniques of the Neanderthals … with those of modern humans. … Most important, there are several skeletons clearly associated with the Chatelperronian industry, and all are Neanderthal. This strongly suggests that there were interactions between the populations, enough that the Neanderthals learned some useful techniques from modern humans.

The smoking gene?

P. D. Evans and his colleagues at the University of Chicago looked at microcephalin (MCPH1), a very unusual gene that regulates brain size. They found that most people today carry a version that is quite uniform, suggesting that it originated recently. At the same time, it is very different from other, more varied versions found  at the same locus in humans today, all of which have many single-nucleotide differences among them. More than that, when there are several different versions of a gene at some locus, we normally find some intermediate versions created by recombination, that is, by chromosomes occasionally breaking and recombining. In the case of the unusual gene (called D for “derived”) at the microcephalin locus, such recombinants are very rare: It is as if the common, highly uniform version of microcephalin simply hasn’t been in the human race all that long in spite of the high frequency of the new version in many human populations. The researchers estimated that it appeared about 37,000 years ago (plus or minus a few tens of thousands of years.) And if it did show up then, Neanderthals are a reasonable, indeed likely, source.

So far as I know (and I looked it up a few weeks ago) no one has yet found microcephalin D in Neanderthals–and the date of 37,000 years ago sounds a bit too recent. However, we haven’t actually genotyped that many Neanderthals (it’s hard to find good 40,000 year old DNA), so we might just not have found it yet–and the date might simply be wrong.

It’s a remarkable genetic finding, even if it didn’t involve Neanderthals–and it might be simpler to dispense with other standards and define Homo sapiens as starting at this point.

On a related note, here’s a bit from Wikipedia about the ASPM gene:

A new allele (version) of ASPM appeared sometime between 14,100 and 500 years ago with a mean estimate of 5,800 years ago. The new allele has a frequency of about 50% in populations of the Middle East and Europe, it is less frequent in East Asia, and has low frequencies among Sub-Saharan African populations.[12] It is also found with an unusually high percentage among the people of Papua New Guinea, with a 59.4% occurrence.[13]

The mean estimated age of the ASPM allele of 5,800 years ago, roughly correlates with the development of written language, spread of agriculture and development of cities.[14] Currently, two alleles of this gene exist: the older (pre-5,800 years ago) and the newer (post-5,800 years ago). About 10% of humans have two copies of the new ASPM allele, while about 50% have two copies of the old allele. The other 40% of humans have one copy of each. Of those with an instance of the new allele, 50% of them are an identical copy.[15] The allele affects genotype over a large (62 kbp) region, a so called selective sweep which signals a rapid spread of a mutation (such as the new ASPM) through the population; this indicates that the mutation is somehow advantageous to the individual.[13][16]

Testing the IQ of those with and without new ASPM allele has shown no difference in average IQ, providing no evidence to support the notion that the gene increases intelligence.[16][17][18] However statistical analysis has shown that the older forms of the gene are found more heavily in populations that speak tonal languages like Chinese or many Sub-Saharan African languages.[19]

We still have so much to discover.