This study examines the concept, mechanisms, and purposes of punishment in traditional Tiv society and situates these practices within broader Africana jurisprudence and decolonial scholarship. Drawing entirely on qualitative methods and secondary sources—including ethnographies, historical accounts, and contemporary cultural studies—the research provides a comprehensive analysis of how the Tiv people conceptualized crime, enforced social control, and maintained communal harmony prior to colonial intervention. The findings reveal that Tiv punishment was not primarily retributive; rather, it was deeply restorative, spiritually grounded, and socially integrative. Offences such as theft, adultery, witchcraft, and homicide were understood as disruptions of tar (peace), ityo (kinship harmony), and akombo (spiritual order). As a result, sanctions—including fines, public shaming, corporal punishment, ritual cleansing, oath-taking through Swem, banishment, and in rare cases slavery or execution—were designed to restore balance, deter future wrongdoing, protect communal security, and reintegrate offenders. When analyzed through Durkheim’s structural functionalism, Tiv punishment emerges as a mechanism for reinforcing the collective conscience and sustaining social cohesion. Viewed through an Africana lens, it reflects the broader African philosophy of relational justice centered on harmony, moral repair, and communal responsibility. The study further argues that the displacement of Tiv institutions under colonial rule contributed to the weakening of indigenous peace and justice systems. It recommends the revitalization and integration of traditional restorative practices into contemporary legal frameworks as part of ongoing efforts toward decolonizing African justice and strengthening community-based peacebuilding.
| Published in | International Journal of Law and Society (Volume 8, Issue 4) |
| DOI | 10.11648/j.ijls.20250804.24 |
| Page(s) | 427-439 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2025. Published by Science Publishing Group |
Traditional Tiv Justice, Indigenous Punishment; Restorative Justice, Social Order; Decolonial Jurisprudence
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APA Style
Fortune, A. O., O., A. O. (2025). Punishment and Social Order in Pre-Colonial Tiv Society. International Journal of Law and Society, 8(4), 427-439. https://doi.org/10.11648/j.ijls.20250804.24
ACS Style
Fortune, A. O.; O., A. O. Punishment and Social Order in Pre-Colonial Tiv Society. Int. J. Law Soc. 2025, 8(4), 427-439. doi: 10.11648/j.ijls.20250804.24
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Download@article{10.11648/j.ijls.20250804.24,
author = {Afatakpa Onoseme Fortune and Adelakun Oludolapo O.},
title = {Punishment and Social Order in Pre-Colonial Tiv Society},
journal = {International Journal of Law and Society},
volume = {8},
number = {4},
pages = {427-439},
doi = {10.11648/j.ijls.20250804.24},
url = {https://doi.org/10.11648/j.ijls.20250804.24},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20250804.24},
abstract = {This study examines the concept, mechanisms, and purposes of punishment in traditional Tiv society and situates these practices within broader Africana jurisprudence and decolonial scholarship. Drawing entirely on qualitative methods and secondary sources—including ethnographies, historical accounts, and contemporary cultural studies—the research provides a comprehensive analysis of how the Tiv people conceptualized crime, enforced social control, and maintained communal harmony prior to colonial intervention. The findings reveal that Tiv punishment was not primarily retributive; rather, it was deeply restorative, spiritually grounded, and socially integrative. Offences such as theft, adultery, witchcraft, and homicide were understood as disruptions of tar (peace), ityo (kinship harmony), and akombo (spiritual order). As a result, sanctions—including fines, public shaming, corporal punishment, ritual cleansing, oath-taking through Swem, banishment, and in rare cases slavery or execution—were designed to restore balance, deter future wrongdoing, protect communal security, and reintegrate offenders. When analyzed through Durkheim’s structural functionalism, Tiv punishment emerges as a mechanism for reinforcing the collective conscience and sustaining social cohesion. Viewed through an Africana lens, it reflects the broader African philosophy of relational justice centered on harmony, moral repair, and communal responsibility. The study further argues that the displacement of Tiv institutions under colonial rule contributed to the weakening of indigenous peace and justice systems. It recommends the revitalization and integration of traditional restorative practices into contemporary legal frameworks as part of ongoing efforts toward decolonizing African justice and strengthening community-based peacebuilding.},
year = {2025}
}
TY - JOUR T1 - Punishment and Social Order in Pre-Colonial Tiv Society AU - Afatakpa Onoseme Fortune AU - Adelakun Oludolapo O. Y1 - 2025/12/29 PY - 2025 N1 - https://doi.org/10.11648/j.ijls.20250804.24 DO - 10.11648/j.ijls.20250804.24 T2 - International Journal of Law and Society JF - International Journal of Law and Society JO - International Journal of Law and Society SP - 427 EP - 439 PB - Science Publishing Group SN - 2640-1908 UR - https://doi.org/10.11648/j.ijls.20250804.24 AB - This study examines the concept, mechanisms, and purposes of punishment in traditional Tiv society and situates these practices within broader Africana jurisprudence and decolonial scholarship. Drawing entirely on qualitative methods and secondary sources—including ethnographies, historical accounts, and contemporary cultural studies—the research provides a comprehensive analysis of how the Tiv people conceptualized crime, enforced social control, and maintained communal harmony prior to colonial intervention. The findings reveal that Tiv punishment was not primarily retributive; rather, it was deeply restorative, spiritually grounded, and socially integrative. Offences such as theft, adultery, witchcraft, and homicide were understood as disruptions of tar (peace), ityo (kinship harmony), and akombo (spiritual order). As a result, sanctions—including fines, public shaming, corporal punishment, ritual cleansing, oath-taking through Swem, banishment, and in rare cases slavery or execution—were designed to restore balance, deter future wrongdoing, protect communal security, and reintegrate offenders. When analyzed through Durkheim’s structural functionalism, Tiv punishment emerges as a mechanism for reinforcing the collective conscience and sustaining social cohesion. Viewed through an Africana lens, it reflects the broader African philosophy of relational justice centered on harmony, moral repair, and communal responsibility. The study further argues that the displacement of Tiv institutions under colonial rule contributed to the weakening of indigenous peace and justice systems. It recommends the revitalization and integration of traditional restorative practices into contemporary legal frameworks as part of ongoing efforts toward decolonizing African justice and strengthening community-based peacebuilding. VL - 8 IS - 4 ER -
Department of Criminology and Security Studies, Dominion University, Ibadan Oyo State, Nigeria
