Amish Law: Different from ours

Legal Systems Very Different from Ours: The Amish

…the Amish have done surprisingly well in their relations with the US government. In 1955 Social Security became mandatory for self-employed persons. The Amish objected to participating, in part on the basis that they believed they were religiously obligated to take care of each other and should not be transferring that obligation to the state, in part on the grounds that insurance programs, which Social Security at purported to be… are “gambling ventures that seek to plan and protect one’s fortune rather than yielding it to God’s will.” Many refused to pay Social Security taxes, with the result that the IRS eventually began filing liens on farm animals and other assets. The conflict was only ended in 1965, when federal legislation exempted self-employed Amish from having to pay Social Security taxes, an exemption later extended to Amish employees in Amish owned businesses.

51ta-us7crlWelcome back to our discussion of Legal Systems Very Different from Ours., by Friedman, Leeson, and Skarbek. I apologize if today’s post is a bit rushed; I have been extremely busy lately with the homeschooling and normal parenting and it has left me asleep during my normal writing hours.

Today we are discussing the Amish. (Have I written anything significant on the Amish? A quick browse through the archives suggests only in passing.) The Amish, as I’m sure you already know, are one of America’s fastest growing religious groups in an era when most other Christian denominations are shrinking:

Amish Population:

1920 5,000
1928 7,000 +4.30%
1936 9,000 +3.19%
1944 13,000 +4.70%
1952 19,000 +4.86%
1960 28,000 +4.97%
1968 39,000 +4.23%
1976 57,000 +4.86%
1984 84,000 +4.97%
1992 128,150 +5.42%
2000 166,000 +3.29%
2010 249,500 +4.16%
2019 341,900 +3.56%

(Source: Wikipedia)

This growth has continued despite the fact that almost no one converts to Amish-ism, the Amish lifestyle involves a ton of manual labor that most people assume is unpleasant, and a decent percent of Amish children leave the faith each generation.

To be Amish, one must simultaneously abide by two legal systems: The US system and the Amish system. This sounds rather annoying to most non-Amish, who find the US system alone laws enough. The Amish have no prisons, though, so the authors discuss how the Amish effectively enforce Amish law:

While subject, with a few narrow exceptions, to U.S. and Canadian law, the Amish have succeeded in maintaining their own systems f rules (Ordnung) and enforcing them on heir members, ultimately by the threat of excommunication and sunning (Meidung).

Slightly aside: We talk a lot in these legal discussions about coercion, which obviously gets people to put up with annoying laws, and last week we discussed the desire of people like the Gypsies to be around their own families, which also encourages them to follow the rules of their parallel legal system, but it occurs to me that a group like the Amish have a third factor, which is that being Amish effectively shields them from a lot of the inconvenience, legal or otherwise, that the rest of us have to deal with.

For example, you, office slave, may be “on call” even in the evening and weekends. Your boss may email you with a sudden, “must be done now” project on Friday evening or expect you to come in on Saturdays. I remember many Saturday mornings spent coloring under my mother’s desk while she worked.

The Amish have to muck out a lot of stalls, but they don’t have to spend much time dealing with the IRS or filling out tax forms; it’s a trade-off between labor-saving technology and paperwork.

Which means that the Amish, in order to keep doing their Amish thing, have to make sure that the borders of Amish-dom, which protect them from the evils of paperwork and enmeshment in annoyingly non-amish systems, have to be defended. And the borders of Amishdom are, of course, which technology you use.

If that sounds a little recursive, let me try again:

Being Amish confers certain benefits on the Amish that they enjoy, like not doing a lot of paperwork and getting to be around other Amish people

Some of these benefits are informal (friendships), some are practical/functional, and some are legal (ie, leaving school early).

The Amish only get to enjoy these benefits if they stay Amish. If the fringes of what it means to be Amish start to fray, then “Amish” loses some of its meaning and the benefits slip away.

As a result, the Amish are very careful about which new technologies they allow, checking carefully how the technology will change their lives.

The basic unit of an Amish community is the congregation, typically of twenty-five to forty households; there is no higher level with authority over the individual congregation. Since the Amish are unwilling to build churches or meeting houses, the number of households in a congregation is limited to the number that will fit in a large farmhouse or barn.

Wait, they don’t have churches? What do they do at church? How does this work?

Each congregation has its own version of the Ordnung, some stricter and some less strict… Congregations whose Ordnungen are about equally strict may be in fellowship with each other, making them part of a single affiliation…

The typical congregation has a bishop, two ministers, and a deacon all of whom normally serve for life and none of whom have an formal training. They are unpaid. Ministers and deacons are selected by lot out of a group of ten men nominated by the congregation…

How does this organizational structure work? Is there any formal structure? Any organization that formally owns property, or is it all hosted in privately owned barns?

The Ordnung specifies the rules that members of the congregation are required to live by. Typically they include prohibitions on activities such as filing a suit, serving on a jury or joining a political organization, along with the use of those modern technologies viewed as likely to disrupt the Amish social system…

Basically, nothing that would enmesh you or other Amish with the outside world.

The ordnung is specific to the congregation, which has no legislature. What changes the ordnung is the practice of the members and the response to it by the leadership.

There is very little overt coercion in this system (though possibly plenty of soft coercion). Should someone break the rules (say, by riding in a car or wearing modern clothes,) they’ll first be visited by the church authorities and encouraged to confess their sins. If that doesn’t work, they’ll be encouraged to confess some more, and if that doesn’t work, everyone will avoid them for six weeks.

If that still doesn’t work, they’ll be kicked completely out of the community and shunned.

On the one hand, getting shunned isn’t nearly as bad as going to prison, but on the other hand, losing all of your friends and not being able to talk to your family just because you want to drive a car is pretty harsh.

The authors ask whether the Amish can be described as a democracy or a competitive dictatorship:

If it is a dictatorship, it is a competitive dictatorship. A member who is sufficiently unhappy with the ordnung of his congregation … is free to shift to a nearby congregation better suited to his tastes. Some congregations are, in effect, territorial sovereigns, so that changing congregations requires a geographical move. In other communities, especially where there are congregations with substantially different Ordnungen near each other, it may be possible to shift allegiance with no shift of residence.

The Amish get on reasonably well with the outside world:

Romani in most places have been subject to hostility from outsiders and themselves regarded outsiders as ignorant and unclean. The Amish, in contrast, appear to get along with their neighbors… Non-Amish may view hem as quaint, but for the most part without hostility and even with some admiration.

That’s because the Amish don’t steal chickens and their communities aren’t trash-filled ghettos.

You know, the authors state in the introduction or thereabouts that each of the legal systems discussed in the book are valid systems that have worked for the people in them (otherwise they wouldn’t exist) but frankly, I don’t think the Gypsy system works all that well for the people in it.

Anyway, the authors propose that people’s generally positive perceptions of the Amish account for their decent relationships with the state, including legal exemptions such as not being required to pay Social Security taxes, exemption from the draft, and leaving school after eighth grade. I think it’s more that the Amish are competent, orderly, and well-behaved, which both makes people generally favorable toward them and equips them to push back against government intrusion into their lives.

To be fair, Gypsies probably also manage to avoid paying Social Security taxes, evade the draft, and drop out of school early, just via less legal means.

Since people generally like the Amish, according to the authors, they have good relations with their neighbors:

Some non-Amish operate “Amish taxi services,” providing automobile or van transportation for Amish when they need to go farther than horse and buggy can conveniently carry them…

In an earlier chapter, I suggested that in North America toleration might eventually destroy the status of the Romani as self-governing communities by making it too easy for unhappy or ostracized members to defect into the surrounding community. Along similar lines, it is arguable that the emancipation of European Jews, starting in the late eighteenth century, was responsible for the decline of the Jewish communities as effectively self-ruling polities. Yet the Amish have maintained their identity, culture, and ordnung, enforcing the latter by threat of ostracism, despite the lack of any clear barrier to prevent unhappy or excommunicated members from deserting.

Despite… or because? As the Amish who don’t want to be Amish depart, those left behind are the ones who most want to be Amish. It’s a kind of sifting, natural selection in action: over time, the less Amish leave and the Amish themselves become more intensely “Amish.”

print_graphics_denom_switching
Denominational switching among Jewish Americans, courtesy of the Pew Research Center

The same process is at work in Orthodox Jews, who have enough children that the defection of  50% or so of them each generation to less rule-oriented strains of Judaism (and from there, to atheism and assimilation) still leaves behind a growing core of people who effectively decided to stay Orthodox.

A similar process could happen for the Gypsies; I know nothing about their population numbers.

The same process has certainly happened for various regions of the US and on a smaller scale, black communities. Rural communities have lost people to cities, leaving behind the people most inclined toward rural lifestyles or least capable of moving to a city; racial integration has seen the smartest black kids move from formerly segregated black communities to college and then careers. We could expand this pattern to the global level, with people from various countries immigrating to new homes in other countries.

This proposes an interesting pattern for modern life: the flow of people who are less-ideal members of their own group into a kind of vast, undifferentiated city-fied middle, while the groups on the edges, the ones that lose members, become culturally (and biologically, for that matter,) more and more distinct. (Is this… happening with trans people, too?)

In the Amish case, this seems to work because they produce enough children to keep the numbers in their favor and as far as I know, aren’t just losing their smart people. (High rates of defection by your smartest will turn your group into into idiots over time.)

A critic of he Amish might argue that their upbringing, with schooling ending in eighth grade, leaves potential defectors unqualified for life in the modern world. The obvious response is that there are a lot of jobs in the modern world for which the willingness to work and the training produced by an apprenticeship starting at age fourteen are better qualifications than a highschool diploma.

Plenty of Hispanics leave their families behind, and move to America with less than an 8th grade education + apprenticeship, and still find jobs–and they have to learn a whole new language and deal with the complexities of being international immigrants. Unhappy Amish can just move to Mennonite communities.

As some evidence of the adequacy of Amish education, Amish seem to do quite well at starting and running their own small-scale businesses.

Amish education isn’t that different from what everyone’s education looked like back when the guys who built nukes and sent rockets to the moon were in school. People massively over-rate the importance of highschool and college degrees for pretty much everyone whose career doesn’t require advanced maths or medicine. People observe that smart people tend to have degrees, and so assume that it’s he degrees that make them smart, just as you might observe that rich people have yachts, and therefore yachts make people rich.

The Amish know they don’t need these advanced degrees to do the same kinds of farm work that people were doing without them back in the eighteen hundreds, so they simply avoid them. Not having to save up 40k-200k per child for college (or pay for houses in “good neighborhoods” “for the schools”) allows the Amish to invest more resources into actually producing children, which is why folks leading a “subsistence lifestyle” doing backbreaking labor all day who never even saw a highschool can “afford” more children than you, a person living in a modern industrial city.

Modernity selects for those who resist it.

Of course, the Amish lifestyle isn’t perfect and it is probably coercive in various ways. I don’t know; I haven’t heard any exposes of Amish–dom in the same way that I’ve heard people from various more “normal” evangelical Christian type cults complain about their upbringings. This is probably because the Amish are an older and more stable group that has settled into patterns that are basically beneficial toward their members, whereas new religious groupings tend to turn exploitative and flame out within a couple of decades.

That’s all for today. What did you think? Has anyone ever met any Amish? Are you ex-Amish yourself? Take care, and we’ll discuss the next chapter next week.

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.

avopix-550135045
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.