Friday, February 22, 2013

Jared Diamond's romantic essentialism: on "traditional" dispute resolution and legal pluralism

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In his recent interview on the Colbert Report  to promote his most recent book, Jared Diamond makes some troubling assertions about “traditional” societies, by which he means “the societies that were all societies around the world until relatively recently when population grew and we started to have state government.” 


His first example of life in “traditional societies” is from the exotic and untouched locale of rural Montana, where he and his family vacation. In this traditional society, disagreements between ranchers are not solved through lawyers or the police, but rather among themselves, “just as people did traditionally.”

This seems to conflict with elements of his new book, which reviewers and Papuan “tribal leaders” have called out his for claims that the “traditional” societies of Papua New Guinea are better off as a result of the role of the modern state, mainly because state intervention allows them to stop using bloody feuding as a dispute resolution mechanism – if Montana ranchers used those “traditional” methods of settling greivances, presumably there would be fewer Montana ranchers, and Diamond would celebrate the state rather than their “pre”-state practices.

Diamond's statements in this case also demonstrate a lack of awareness of decades of research on legal pluralism, which anthropologists understand as the operation of multiple legal practices and principles within and between social groups, and basic anthropological ideas about complex political systems.

Diamond makes a number of entangled errors in his example of interpersonal dispute resolution among Montana ranchers. First, he presumes that non-state or non-bureaucratic processes are not just non-modern but pre-modern, or, in his words, “traditional.” This recalls the theories of unilinear evolution proposed by some of our illustrious anthropological ancestors, most notably Lewis Henry Morgan. Morgan's well-known framework for classifying and comparing different societies was impressive for its time, but it was also flawed, not least because he presumes deviance from the social institutions of modern civilization to signify older, lower stages of social evolution along the road to the present-day pinnacle. Diamond appears to reproduce this conceptual shortcoming, implying that “traditional” practices in otherwise modern settings are vestiges of a time before civilization, not least in the title of his book, The World Before Yesterday.

But in what sense are “traditional” practices of non-bureaucratic dispute resolution – that is, those that operate on an interpersonal level without involvement of professional specialists like police, lawyers, or government officials – evolutionarily or historically prior to the modern, presumably non-traditional mechanisms that predominate in large-scale, complex, stratified societies? Perhaps only in that we infer that they were practiced in their present forms prior to the existence of states because we have observed them operating in societies often classified by anthropologists as stateless. This points to Diamond's second error: implying a clear distinction between “traditional” and modern practices at work in a single contemporary society, or even between traditional societies subsumed under but still sufficiently autonomous from the system of states that covers the vast majority of the planet.

Here Diamond's example of traditional practices in contemporary Montana connect with my own research on land tenure and conflict in Kenya. One of the issues I have studied, and am in the process of writing more about, is the way that different principles and practices of negotiating control and access to resources are entwined in people's lives. For example, my main field site in rural Kenya has been undergoing official land registration for more than thirty years, and unofficial adoption of principles of private property, including ideas about the sale or lease of land rights, for more than forty. In practice, there is an official, bureaucratic process for registering ownership and transactions through title deeds and government offices, and there is an unofficial set of practices whereby people make arrangements outside of the official channels, negotiating deals and resolving disputes by means that Diamond might call “traditional.”

But again, what is “traditional” about these practices? Is it simply that they are not officially sanctioned by government agents? In fact, many of these interpersonal arrangements make use of modern concepts like individual private ownership of land, the exchange of cash or other currencies for temporary or permanent transfer of rights in land, and the use of written documents, signed by witnesses, to record these non-sanctioned agreements. Here, then, it seems that what is “traditional” is simply the avoidance of the state, regardless of motive.

Whether people use official or unofficial - “modern” or “traditional” - means to convey rights in land is a matter of choice, situated in a multitude of factors and considerations. For some, using official land conveyance is too expensive, slow, or impersonal and suggestive of distrust between parties; for others, unofficial channels are too risky or expensive over the long-term. What is not happening, is the existence of two historically distinct sets of practices, one unchanged since time immemorial, and the other new, bureaucratic, cumbersome, and impersonal.

In fact, Diamond's reproduction and repackaging of evolutionary explanations of cultural difference (he does, after all, correct Colbert by saying that “primitive” is no longer a politically-correct term, subtly making his concept of “traditional societies” nothing more than a euphemism) is theoretically weaker than concepts of legal pluralism that have been around since before Diamond reimagined himself as an anthropologist. Where Diamond sees vestiges, I see multiple, co-existing ways of solving fundamental political and legal problems. Where Diamond places these different approaches in temporal sequence, I – and many other anthropologists – understand them as co-evolving elements of complex, dynamic systems.

One problematic implication of Diamond's approach is that it risks relegating those who use “traditional” practices to an inferior status. Despite his effort to illustrate how traditional societies often do things better than modern ones, his association of formal, secular, bureaucratic practices with modernity, and informal, socially-embedded, face-to-face practices with tradition, reproduces old, ethnocentric binaries of savage and civilized, primitive and modern, subject and citizen. Locating the world's remaining traditional societies in some of the most remote places - “parts of New Guinea and the Amazon Basin” - Diamond's message remains one of a disappearing world, from which we must learn before it is too late; nevermind, of course, that these out-of-the-way places tend to be home to some of the most marginalized communities on the planet, who often end up in the way of an expanding modern world system, who are not untouched or undeveloped, but rather pressured and shaped by modernity and actively underdeveloped through unequal political-economic relations. Given Diamond's position, how are we – the modern – meant to interpret the adoption, appropriation, and transformation of “modern” practices by “traditional societies”? If the traditional can be modernized – and presumably de-natured and destroyed – can the modern be traditionalized, or is this a one-way street?

Diamond's ongoing attempt to be the world's best-known cultural anthropologist fails again – in anthropological eyes – due to his romantic essentialism and ethnological reasoning (thank you, Jean-Loup Amselle), by which traditional practices and whole traditional societies are extracted from complex social fabrics in which traditional and modern practices and principles are actually articulated and appropriated by people trying to make sense of and produce order in their lives. The “traditional” and the “modern” are not two distinct ways of living, but rather one reductionist way of simplifying complex social relations into categories that resonate with popular received wisdom.

Where Diamond's unilinear evolutionary perspective falls short, more nuanced interpretations of socio-cultural phenomena – such as those arrived at with concepts of legal, political, social, institutional pluralism – can succeed. And yet, there is one area where Diamond remains more successful than most anthropologists: having his story packaged into an easily digestible, compelling explanation that captures the imagination of a wide audience. Anthropologists have long seen and lamented the things that Jared Diamond gets wrong; what can we learn from what he does right, and how can we do it better?