free law journal - volume 3, number 1 (18 january 2007)

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)functioning subgroups. Conversely, every functioning subgroup ofa society regulates the relations of its members by its own legalsystem, which is of necessity different, at least in some respects,from those of the other subgroups. 21 ”According to Pospisil, there are certain attributes which mustcoexist in order to provide the essence of law. He lists the fouressential “attributes of law” as authority, intention of universalapplication, obligatio and sanction 22 . “Authority” is an individualor a group of individuals, who have the power to make a decisionand to have it obeyed even in cases where it faces resistance ofthose to whom the decision is related 23 . “The intention of universalapplication” points that the decision is taken with the intentionthat it shall be applied in all cases of similar kind which may takeplace in the future 24 . “Obligatio”, differing from ‘obligation’, meansthat the decision states or implies that a party is under a duty as aresult of his/her act; while “sanction”, included in the decision,shows what is to be done in order to have the situation corrected 25 .Consequently Pospisil calls law “... as principles of institutionalizedsocial control, abstracted from decisions passed by a legal authority(judge, headman, father, tribunal, or council of elders), principlesthat are intended to be applied universally (to all “same” problemsin the future), that involve two parties locked in an obligatiorelationship, and that are provided with a sanction of physical ornonphysical nature. 26 ”Since in every subgroup of a society where these attributes areobserved we confront with a specific legal system; we can speak of21 Leopold Pospisil, Anthropology of Law, A Comparative Theory, Harper &Row Publishers, New York, pp. 98, 99.22 Ibid, p. 43.23 Ibid, p. 44.24 Ibid, p. 79.25 Ibid, pp. 82, 83.26 Ibid, p. 95.29DR. SAIM ÜYE - ENFORCEMENT OF TRIBE’S LAW OR VIOLATIONOF STATE’S LAW? ON KILLINGS BASED ON CUSTOM