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Societal Agents in Law

Quantitative Research

Societal Agents in Law

Societal Agents in Law

Quantitative Research

Widener University Delaware Law School

Wilmington, DE, USA

ISBN 978-3-030-02003-3 ISBN 978-3-030-02004-0 (eBook)

https://doi.org/10.1007/978-3-030-02004-0

Library of Congress Control Number: 2018964418

© The Editor(s) (if applicable) and The Author(s) 2019

This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed.

The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Cover image © ArisSui, Stock / Getty Images Plus, designed by Tom Howey

This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG

The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Preface

The scholarly enterprise is notable for the variety of forms it takes. Interdisciplinarity, one of these forms, is a hallmark of Societal Agents in Law. Specifically, the book draws on three fields and my background in each: Its subject matter and style result from my training in law and from my long experience as a law school professor; its theory comes from my schooling in sociology; and its quantitative evidence is built on my work in demography. Hopefully, the book has blended the foregoing fields in an effective manner and improves our understanding of what it is about, namely, the societal determinants of the content of law. Especially in modern nations, these determinants merit attention. Social development has gone the farthest in modern nations and is associated with a larger volume of law.1 As social development proceeds and doctrines of law become more frequent, the doctrines will be more varied in content. Quite correctly, then, those of us who reside in a modern society sense that law is omnipresent and complex.

The ubiquity and intricacy of law are significant in their own right, of course, but they are also important for a question they suggest: Why do doctrines of law arise, evolve, and disappear in a jurisdiction, and why do the doctrines differ between jurisdictions? Unfortunately, the question has just limited, tentative answers at the moment, because it has received inadequate attention in quantitative research and sociological theory. If Societal Agents in Law helps only to stimulate interest in and scholarship on the question, I will regard the book as a worthwhile undertaking.

As with the preparation of every piece of scholarship, Societal Agents in Law could not have been written without heavy reliance on a library.

During the years that were required to complete the book, the library at Widener University and its Delaware Law School provided essential resources, especially access to online databases in law and the social sciences. Additionally, I had invaluable help from two members of the staff of the law school library—Christy D’Antonio and Enza Klotzbucher. Each has earned my sincere thanks.

Wilmington, DE

August 2018

Note

1. In U.S. states, a higher level of social development has been found to increase the number of legislative bills that become law; when the nature of the political system was controlled, the relationship of social development to bill enactments was smaller in magnitude but did not disappear. Thomas R. Dye, Politics, EcoNomics, aNd the Public 28–33, 48, 216–17, 287 tbl. XI-1 (1966).

3

2.3

4

list of figures

Fig. 2.1 Sex differential in mortality rates among Whites. Source: See note 68 48

Fig. 2.2 Sex ratio in the population. Source: See note 74 49

Fig. 3.1 Adultery in the United States. Source: See notes 33 and 35 and their accompanying text 101

Fig. 5.1 Unemployment among Black men in hypothetical states 213

Fig. 6.1 Number of states adopting RFRA-equivalent law by year 237

Table 2.1

Table

Table 2.3 Means and standard deviations of independent variables

Table 2.4 Regression models for jurylaw: odds ratios and prediction

Table

Table 3.1 Variables and their empirical measurement

Table 3.2

Table 3.3

Table 3.4

Table 4.1

Table 4.2 Means and standard deviations of independent variables measured with an interval scale or a ratio scale

Table 4.3 Regression models for maNddP: odds ratios and prediction

Table 4.4 Accuracy rates (in %) of models for maNddP

Table 5.1 Interstate migration by Blacks relative to state population, 1910–1940

Table 5.2 States with an enforceable fair employment practices statute prior to the federal Civil Rights Act of 1964

Table 5.3

Table 5.4 Means and standard deviations of independent variables measured with an interval scale or a ratio scale

Table 5.5 Regression models for fePlaw: odds ratios and prediction accuracy

207

Table 5.6 Accuracy rates of predictions of fePlaw by groups of independent variables in Model II 210

Table 6.1 States with law equivalent to the federal Religious Freedom Restoration Act 235

Table 6.2 Variables, mnemonic labels, and empirical indicators

Table 6.3 Means and standard deviations of independent variables measured with an interval scale or a ratio scale

Table 6.4 Regression models for rfrl: odds ratios and prediction accuracy

Table 6.5 Accuracy rates (in %) of models when predicting whether states adopted RFRA-equivalent law

246

247

247

251

CHAPTER 1

Statistical Aspects of Macrosociological Research on Law

A thesis, to be accepted, requires proof, and the thesis of the instant book— that in a modern society the sociological characteristics of the society determine the proscriptions and prescriptions of law on activities significant to the society—will thus be credible only to the extent that it is backed by empirical evidence. Although a not-insubstantial body of quantitative social science research has uncovered links between jurisdiction characteristics and jurisdiction law,1 the evidence to date leaves many questions unanswered. The studies reported in Chaps. 2, 3, 4, 5, and 6 of this book augment this evidence. In particular, the studies in Chaps. 2, 3, 4, 5, and 6 investigate whether and how sociological attributes of states are related to what state law says about the topics covered in Sects. 1.3 and 1.4 of Chap. 1 in the first volume, that is, Societal Agents in Law: A Macrosociological Approach. Because states are the cases in these studies, state-level numerical data were employed for the independent variables, and because each state was coded as either 0 or 1 on the dependent variable, relationships between the independent variables and the dependent variable were estimated with logistic regression and evaluated with certain post-estimation techniques of logistic regression.2 Consequently, the remainder of Chap. 1 is devoted to selected aspects of logistic regression and to several matters that arise when any form of regression is employed to detect relationships between variables. The subjects that are covered in the pages that follow are common to all of the studies reported in Chaps. 2, 3, 4, 5, and 6.

© The Author(s) 2019

L. D. Barnett, Societal Agents in Law, https://doi.org/10.1007/978-3-030-02004-0_1

1.1

Probability, odds, and the odds ratio

Three important statistical concepts—probability, odds, and odds ratio— are involved in logistic regression, because logistic regression estimates an odds ratio (as well as a regression coefficient) for every independent variable,3 because an odds ratio is built on odds, and because odds arise from probabilities.4 The basic concept, therefore, is probability. Precisely defined, the probability that a particular attribute is present, or that a particular event has occurred, is the number of cases (e.g., human individuals or governmental jurisdictions) in which the attribute or event is found among 100 cases. Conversely, the probability that the attribute is absent or that the event did not happen is the number of cases in which the attribute or event is not found among 100 cases. The foregoing probabilities, of course, are equal when the attribute or event is present in 50 of the 100 cases and is missing from the other 50. Because probability is measured as a proportion, each probability in such a situation is 0.5.

Odds are computed for a particular attribute or event from two probabilities: (i) the probability that the attribute exists or the event occurred, and (ii) the probability that the attribute does not exist or the event did not take place. Odds are formed by the ratio of the two probabilities. For example, the odds that the attribute is present or that the event has happened are the ratio of (i) to (ii). When the probability in (i) and the probability in (ii) are the same (i.e., 0.5), the odds are 1.000, and hence even, that the attribute is present or the event has happened. By contrast, the odds are below 1.000 to the degree that the probability in (i) is lower than the probability in (ii), and the odds are above 1.000 to the degree that the probability in (i) is higher than the probability in (ii).

In the context of logistic regression using a binary dependent variable on which every case (e.g., U.S. state) is coded either 0 or 1, an odds ratio for an independent variable is the amount of change that can be expected to occur in the odds that a case will be coded 1 rather than 0 on the dependent variable when the case rises one measurement unit or one measurement category on this independent variable and is kept stationary on the other independent variables being studied. Because an odds ratio is the numerical factor by which the odds are multiplied, it reveals how and by how much a single additional measurement unit or category of an independent variable alters the odds that a particular case will have the attribute of the dependent variable that is represented by the number 1.

Let me illustrate odds ratios using a study whose dependent variable was whether adults in the United States deemed morality to be a private matter (coded 1) or a public issue (coded 0).5 U.S. law generally excludes from regulation activities that, while believed to involve morality, are regarded as being of a private character.6 In line with this principle, the Constitution of the United States has been interpreted to safeguard “zones of privacy”7 even though it does not explicitly mention privacy. The study, which applied logistic regression to data from a nationwide sample survey, found that the sex of respondents had an odds ratio of 3.631 with the other independent variables held constant, and since women were coded 1 and men were coded 0, the odds that morality would be deemed a private subject rather than a public subject were higher for a woman than for a man by a factor of 3.631. Otherwise expressed, the odds that morality would be assigned to the private sphere were 263.1% greater for a woman than for a man.8

A point to be kept in mind is that an odds ratio is a factor that multiplies the odds. When both of two odds ratios are either above 1.000 or below 1.000, the numerical values of the two factors require no transformation and can be directly compared: The distance from 1.000 to the numerical value of a factor represents the magnitude of the impact on the dependent variable by a one-unit or one-category increase in the independent variable for which the factor was computed. A pair of odds ratios that are either higher than 1.000 or lower than 1.000, accordingly, provides easily interpretable multiplier factors. However, the interpretation of a pair of odds ratios is not straightforward when the odds ratio for one independent variable is above 1.000 and the odds ratio for the other independent variable is below 1.000. Being multipliers, a factor that is more than 1.000 and a factor that is less than 1.000 are construable only using the numerical value of one factor and the reciprocal of the numerical value of the other factor.9 The study described in the preceding paragraph furnishes an illustration. In that study, the factor for sex was 3.631 and the factor for years of formal schooling was 0.316. The former represents an effect that is marginally larger than the effect of the latter: The reciprocal of the numerical factor for sex is 1.0/3.631 = 0.275, which is slightly farther from 1.000 than 0.316 (the factor for years of formal schooling). The reciprocal of the numerical factor for years of formal schooling is 1.0/0.316 = 3.165, which is not quite as far from 1.000 as 3.631 (the factor for sex).

Effects like those in the preceding paragraphs, of course, are for a gain by an independent variable of one measurement unit or one measurement category in its empirical indicator. However, the empirical indicators for the independent variables do not have the same measurement units/categories, and with differences in measurement units/categories, the odds ratios for the independent variables in a regression model cannot be arranged in order of magnitude. To obtain a ranking of the impacts of the independent variables whose indicators employed interval scales or ratio scales (discussed later), the regression coefficients that logistic regression estimated for these variables are transformed so that each coefficient is based on the standard deviation of its indicator.10 In other words, the regression coefficient for every such independent variable is standardized using the standard deviation of its indicator, and after being standardized, the regression coefficients can be ranked in magnitude because they employ a common yardstick, namely, one standard deviation. By supplying a means to gauge the relative impact of each independent variable in a model, standardized regression coefficients also have obvious relevance to theory.

1.2 intercePt

Regression as a statistical concept emerged at least a century ago,11 and logistic regression appeared during the 1940s.12 Regression, including logistic regression, has thus been around a long time, and as a tool for analyzing data, it has widespread applications. Indeed, in sociology and cognate disciplines, regression is probably the most frequently employed statistical technique for quantitatively testing hypotheses about independent variables that have been posited as causes of a dependent variable. Logistic regression supplies not only the odds ratio (and unstandardized coefficient) for each independent variable; it also supplies the odds of the dependent variable that can be expected when every independent variable is set to zero. The latter, to use its technical name, is the intercept for the independent variables. Of course, in research that aims to build theory, the odds ratios (and coefficients) are indispensable because they disclose the strength and direction of the relationship between each independent variable and the dependent variable. The intercept, on the other hand, has no necessary role in research that aims to contribute to the construction of theory, and it therefore may not be essential in such research. Indeed, as I opine below, the intercept may cause misguided conclusions to be drawn from quantitative research on the jurisdiction attributes that mold the content of law and, to the extent this happens, will harm theory that relies on the conclusions.

Why is the intercept potentially troublesome when regression is employed to investigate whether attributes of jurisdictions have a bearing on the law doctrines of jurisdictions? To answer the question, I begin by noting that investigators must decide whether to include or omit the intercept whenever they utilize regression to analyze data. 13 The choice cannot be avoided, and investigators always make it— unconsciously if not consciously—in the course of their work. Typically, however, they do not consciously consider whether the intercept should be kept in or left out, and when proceeding in this manner, they routinely retain the intercept. Regrettably, their action is not grounded on a consideration of the alternatives even though the alternative that is selected may affect the regression coefficients and odds ratios obtained from the data and, in turn, the degree to which the independent variables collectively account for the dependent variable. Because students of the macrosociology of law have overlooked this choice and its possible consequences, they should be cognizant of the reason that the choice warrants concern.

To explain why the intercept is potentially troublesome when investigating relationships between jurisdiction attributes and jurisdiction law, I begin by noting that the intercept must be considered in light of the measurement scales that a study uses for its independent variables. An important aspect of these scales is the role of the number zero. Of the four types of scales—nominal, ordinal, interval, and ratio14—only the ratio scale necessarily applies the zero, because a ratio scale is employed for a variable that is measurable in amounts along a continuum and that has a point (amount) at which none of the variable exists. A ratio scale assigns the number zero to that point, that is, to the point where the variable is completely absent. A variable that is measured with a ratio scale thus has an absolute zero, and the scale captures it. When other types of scales are employed to measure variables, on the other hand, the number zero, if used at all, is applied to an arbitrarily chosen point (if the variable is comprised of different amounts) or to an arbitrarily chosen category (if the variable is comprised of an exhaustive set of classes). With non-ratio scales, accordingly, the number zero is discretionary in that it designates a point where some quantity of the measured variable may be present (interval scales and ordinal scales), or it designates a category that represents a particular form of the variable (nominal scales). The characteristics of each type of scale, and the application of each scale type to cases (entities or individuals), can be summarized as follows:

Name

of scale Description of scale

NominalThe phenomenon being measured takes different forms, and every case is assigned a whole number. Different whole numbers on the scale, including zero (if used), represent different forms of the phenomenon.

OrdinalThe phenomenon being measured occurs in different amounts, and every case is assigned a whole number that designates its rank on the amount of the phenomenon it possesses. Adjacent whole numbers on an ordinal scale, however, do not separate cases by the same amount of the phenomenon. Cases in which the phenomenon is absent cannot be identified, and thus the number zero, if used, represents an unknown quantity of the phenomenon.

IntervalThe phenomenon being measured occurs in different amounts, and each case is assigned a number that places it on the scale according to the amount of the phenomenon it possesses. Unlike adjacent whole numbers on an ordinal scale, adjacent whole numbers on an interval scale, regardless of their location on the scale, separate cases by the same amount of the phenomenon. However, cases in which the phenomenon is absent cannot be identified, and hence the number zero, if used, represents an unknown quantity of the phenomenon.

RatioThe phenomenon being measured occurs in different amounts, and each case is assigned a number that places it on the scale according to the amount of the phenomenon it possesses. Adjacent whole numbers on a ratio scale, regardless of their location on the scale, separate cases by the same amount of the phenomenon. Furthermore, cases that have none of the phenomenon are identifiable, and because these cases are assigned the number zero, a ratio scale has an absolute zero.

With this background, we return to the issue of whether the intercept should be included in data analyses conducted with regression. As explained earlier, the intercept reveals the numerical value or (in logistic regression) odds that can be expected for the dependent variable when all of the independent variables in a group of independent variables stand at zero,15 but what the zero represents is not the same across the independent variables when those variables are measured with different types of scales. The information supplied by an intercept, therefore, depends on the types of scales that have been used to measure the independent variables. To illustrate, let us assume a dependent variable (signified by the letter Y ) and hypothesize that it is a function of, and hence is regressed on, three independent variables (X1, X2, and X3). The regression equation for the function can be expressed as follows:

where α is the intercept; b1 is the numerical value of the regression coefficient (or, if preferred in logistic regression, the odds ratio) for independent variable X1; X1 is an independent variable that is measured with a ratio scale; b2 is the numerical value of the regression coefficient (or, if preferred in logistic regression, the odds ratio) for independent variable X2; X2 is an independent variable that is measured with an interval scale or an ordinal scale; b3 is the numerical value of the regression coefficient (or, if preferred in logistic regression, the odds ratio) for independent variable X3; X3 is an independent variable that is measured with a nominal scale using the digits 0 and 1. X3 is thus a “dummy” variable.

To bring this within the scope of the book, suppose that Y is a variable for whether the states of the United States have a certain doctrine of law, that every state having this doctrine is coded 1, and that every state not having this doctrine is coded 0. Because Y is measured in binary form with the digits 0 and 1, the data will necessarily be analyzed with logistic regression rather than least-squares linear regression.16 The output of interest will be the odds ratios (rather than the regression coefficients) for the independent variables.

Turning to the independent variables, suppose that X1 is the percentage of the adult population in each U.S. state that has completed four or more years of college; that X2 is the mean score of the adult population in each U.S. state on a five-point instrument, included in a sample survey questionnaire, measuring current political philosophy, with interviewees designating themselves as +2 = “extremely liberal,” +1 = “moderately liberal,” 0 = “neither liberal nor conservative,” −1 = “moderately conservative,” and 2 = “extremely conservative”17; and that X3 is a U.S. state located in the eastern half or the western half of the country, with states in the eastern half designated 1 and states in the western half designated 0. On the scale for political philosophy (X2) and the scale for geographic region (X3), the zero is arbitrary. In terms of the former (political philosophy), the numbers (+2 to 0 to 2) represent an amount and direction of political belief. Persons who deem themselves to be “neither liberal nor conservative” possess a political philosophy, but not one that is tipped toward either end of the liberal-conservative spectrum. The 0 that is applied to them, accordingly, captures something rather than nothing. The same principle is applicable to geographic location: A state in the western half of the country, although coded 0, is not without a geographic location; it is merely in a different part of the United States than a state in the eastern half.

What do we learn from the intercept in the abovementioned hypothetical? The intercept (i.e., α) tells us the odds that a U.S. state will be in category 1 of Y if (i) the state does not have any adults in its population who finished four or more years of college, (ii) its average adult inhabitant is middle-of-the-road politically, and (iii) the state is located in the western half of the country. Of course, some college-educated adults will be present in all states, and the average adult resident of every state is likely to be on one side or the other of the midpoint of the liberal-conservative continuum. The intercept thus supplies information about a state that cannot be expected to exist. The intercept, furthermore, adds nothing to the list of causes of Y and contributes nothing to the theory on Y. 18 In this regard, readers should keep in mind that the odds ratio for each X estimates how much the odds that a state will be in category 1 of Y will alter when a given X rises by one of its measurement units or categories and every other X remains fixed. For example, the odds ratio for X1 specifies the change that will occur in the odds that a state will be in category 1 of Y if one percentage point more of its adult residents had finished at least four years of college but X2 as well as X3 were constant. Unlike the intercept, then, the odds ratios (and regression coefficients) offer us an understanding of the relationship between each independent variable and the dependent variable.

We now come to an additional, general point. Regression can be used in one or both of two ways. First, regression can be employed to anticipate the placement of a particular case (which may be a human individual or an entity such as a state) on the dependent variable when the numerical values of the independent variables for that case are known. Second, regression can be used to anticipate how much the dependent variable or its likelihood will alter when a particular independent variable changes by one of its measurement units or categories and the remaining independent variables undergo no change. Regression, to be used in the first way, requires the intercept as well as the coefficient or odds ratio for each independent variable.19 However, the intercept is not required for the second use of regression, because in this use the goal is to identify the causes of, and in turn construct theory to account for, the dependent variable.

Should, then, the intercept be included or excluded when data are analyzed to build theory on the attributes of jurisdictions that produce the doctrines and concepts of law in the jurisdictions? At the moment, the question lacks a definitive answer, or even persuasive guidance, but it should be a source of concern, especially because the independent variables for a study of society-level agents driving the content of law are likely to

include at least one independent variable for a society-critical phenomenon that has an absolute zero and because on such an independent variable no jurisdiction in the society will score zero.20 In this study, then, an independent variable for an indispensable societal component will be measured with a ratio scale, but on the variable no jurisdiction will be at zero because a jurisdiction that has none of the variable will not exist and hence will not develop law. Inclusion of the intercept in the study rests on the assumption that such a jurisdiction is possible, but the assumption is wrong and the intercept has no referent in reality.

The intercept, in short, has an uncertain place in macrosociological research on the content of law. The uncertainty should not be surprising, however, because this line of research is at a relatively early stage.21 Obviously, a scientific specialty does not spring up fully developed; instead, it moves forward through trial and error. Thus a specialty in science consists of strings of systematic observations that slowly accumulate; scientific work on a particular string involves the step-by-step extraction of relevant evidence from the observations in the string; and the nature and credibility of the scientific evidence yielded by a string depend on the procedures employed to test hypotheses.22 The macrosociology of law is not atypical in confronting a previously unconsidered methodological issue, and since the issue (viz., whether to include or exclude the intercept) has ramifications for the evidence that emerges from the application of regression to data, it ought to be weighed by investigators who undertake quantitative studies looking for the sociological origins of law doctrines.23 In my research, concerns about the intercept loom large and have led me to prefer, ceteris paribus, to leave the intercept out.24

1.3 statistical significance

A pedestal of social science today is the concept of “statistical significance.” Research that employs quantitative data routinely tests for whether each independent variable has a statistically significant relationship to the dependent variable, and investigators generally hope to find, and are disappointed when they do not find, at least one relationship that is statistically significant. The concept of statistical significance is misnamed, however, because the word “significance” connotes importance but a statistically significant relationship is not necessarily sizeable or otherwise meaningful. What, then, explains the routine testing for statistical significance in analyses of data? The answer stems from what the concept of

statistical significance and the procedure for estimating it allow investigators to do: Statistical significance permits an inference regarding whether the results obtained from a subset of cases apply to a set of cases that are far more numerous and that may also be much more spread out across space and/or time. Because of their larger number and greater dispersion, the cases in the entire set are typically not capable of examination with available financial and temporal resources. Knowledge about the set is possible, therefore, only by acquiring and using a subset of it.

Assessments of statistical significance in data thus have an unquestioned potential to facilitate the scientific enterprise. In particular, statistical significance is pertinent in situations where cases (whether human individuals or entities) have been randomly chosen for a subset and randomly assigned to the forms or amounts of each independent variable. When in the subset the forms or amounts of an independent variable are found to be related to the forms or amounts of the dependent variable being studied, an investigator must decide whether the between-variable relationship exists in the set. Testing for statistical significance rests on the assumption—the null hypothesis—that the relationship is not present in the set, that is, that in the set the independent variable under scrutiny is unrelated to the dependent variable.25 Being grounded on the assumption that there is no relationship in the set between the independent variable and the dependent variable, a test for statistical significance reveals the percentage of all possible subsets (samples) of randomly selected cases that would have a relationship between the two variables that was of at least the same magnitude as the relationship unearthed in the subset of cases examined in the study. This percentage thus represents the probability that, if the assumption (null hypothesis) is rejected, the wrong decision will have been made. The percentage is derived from a distribution of the measure of the relationship (e.g., regression coefficient), but because just one subset (sample) of cases is used in a study, only one measure of the relationship is available to a researcher, and the distribution of measures across subsets is hypothetical. Nonetheless, the distribution—known in statistics as the sampling distribution—is not without a generally accepted foundation, to wit, probability theory.

Of course, whenever a subset is used, a criterion is required to decide whether a between-variable relationship that was found in the subset exists in the set. Statistical significance provides such a criterion, but the decision it allows is not whether the relationship is substantively meaningful. The decision involves no more than extrapolation—whether that relationship is justifiably extrapolated from the subset (i.e., sample) to the set (i.e., universe).26 Given its role in research, the concept of statistical significance

should thus perhaps be named “results extrapolability.”27 A point to keep in mind, however, is that the extrapolation is based on and tests the assumption (null hypothesis) that in the set no relationship exists between the independent variable and the dependent variable or, to phrase the assumption in another way, that in the set no difference on the dependent variable exists across the categories or levels of the independent variable. The decision that investigators must make is whether to reject this assumption in light of what they have uncovered in the subset. As long as the prerequisites for statistical significance are fulfilled, the investigators proceed with the knowledge of the probability that, if they reject the null hypothesis, they will have reached the wrong decision. However, a reader should keep in mind that investigators select from a range of probabilities when picking a specific probability at which to reject the null hypothesis and that their choice is not predetermined. In this sense, the particular significance level chosen is arbitrary.

The range of probabilities from which investigators choose, furthermore, is not unlimited but, rather, constrained by convention. In many if not most studies, the highest probability—level of statistical significance— for rejecting the null hypothesis is 5 percent, although 10 percent is not uncommon. When data from a subset lead to ruling out the null hypothesis at the 5 percent significance level, the between-variable relationship observed in the subset would exist in just 5 of every 100 subsets of randomly chosen cases if in the set these variables are unrelated. Otherwise expressed, a regression coefficient (or odds ratio) that is statistically significant at the 0.05 level will produce an erroneous rejection of the null hypothesis in no more than 5 of every 100 subsets (samples) of randomly selected cases. As the significance level rises (e.g., from 5 percent to 10 percent), the probability mounts that an accurate null hypothesis will be rejected, but because the 10 percent significance level is the maximum that is currently accepted in science, the null hypothesis is very difficult to discard when it is not wrong. On the other hand, an incorrect null hypothesis may be easy or difficult to turn down depending on how far the relationship between the variables in the set is from zero, but even in situations where the null hypothesis is false, investigators do not know the exact magnitude of the relationship in the set. If they had this information, their research would be unnecessary.

As seen in the above discussion, statistical significance is useful only when randomly selected cases have supplied the data. Notably, the requirement that the cases be “random” is not uniformly interpreted and applied across disciplines. In psychology, the requirement may not be fulfilled

unless the cases in the subset have been assigned randomly by investigators to the experimental group(s) and control group(s). According to this view, statistical significance is unsuitable, or less suitable, when applied to fixed attributes such as the biological attribute of sex, that is, attributes that cannot be altered by investigators.28 Sociology, however, has a different view of what satisfies the prerequisite of randomly chosen cases. In sociological research, the prerequisite is considered to have been met as long as the subset (sample) of cases was secured by simple random sampling or a variant thereof, for example, stratified random sampling.29 An attribute such as sex, race, or religion that cases bring with them and that cannot be assigned to cases on the basis of chance is accepted as it exists. In a sociological study, then, the data are from an “experiment of nature,”30 not from an experiment in which cases are randomly allocated by investigators to the treatment and control groups.

In light of this situation, it is unfortunate that tests of statistical significance are mechanically applied in research and that little or no consideration is given to whether statistical significance is appropriate in a given study. Even though tests of statistical significance have an unquestioned potential to facilitate the scientific enterprise, they are not suitable in all quantitative endeavors, and the gains to a particular study from using the tests may be counterbalanced by losses. Indeed, as the lodestar for the fate of null hypotheses, statistical significance has attracted substantial criticism.31 Nonetheless, investigators generally have been unaffected by the criticism and do not mull over what statistical significance does and what it does not do in quantitative research.32 Indeed, they are unlikely to confront the issue squarely until there is an appealing alternative to statistical significance for extrapolating results from a subset to a set.

Chapters 2, 3, 4, 5, and 6 of the instant volume involve analyses of data whose aim is to explore, with logistic regression, whether and by how much state-level variables influence the content of state law.33 In these analyses, the level of statistical significance for the odds ratio of each independent variable is reported, but when evaluating an odds ratio, statistical significance is disregarded. Instead, the decision whether a particular independent variable has a meaningful impact on state law relies chiefly on the magnitude of the odds ratio for the independent variable in conjunction with whether the variable improves “model fit,” that is, whether the variable increases the ability of a group of independent variables to predict accurately whether individual states have or do not have the law in question.34 Statistical significance does not aid the analyses because every

state, or at least every state in the continental United States, is included in the data.35 A subset of a set of cases, in short, is not used,36 and with data on all of the cases (states) in the set, the need to extrapolate from a subset does not exist.37 Simply put, statistical significance does not serve its purpose when analyzing data on every case in a set. Furthermore, statistical significance as a decision-making criterion may hamper efforts to build the stock of knowledge.38 Thus, for a study using state-level data on all of the mainland states of the United States, tests of statistical significance are unneeded and may prove counterproductive.39

1.4

number of cases

Each study undertaken in Chaps. 2, 3, 4, 5, and 6 of the instant book proposes and assesses a model, that is, several variables that individually and collectively may account for differences between states in their law on certain topics. The models, whose component variables are denominated “independent variables,” are evaluated using data on states and a statistical technique—maximum-likelihood logistic regression—that generates, for the independent variables, the coefficients and odds ratios that had the highest probability of producing the data.40 In general, maximumlikelihood estimation is expected to be applied, together with tests of statistical significance, to data gathered on a subset (sample) when the goal is to ascertain independent-dependent variable relationships in the set (universe) that was the source of the subset.41 In situations where a subset has a small number of cases, however, the maximum likelihood procedure can yield estimates of between-variable relationships (as measured by, for example, odds ratios) that are too high and hence biased.42 Tests of statistical significance are thus of dubious value when maximum-likelihood regression is used to probe for variable-to-variable relationships in data from a numerically small subset, because in this situation, the tests may only determine whether biased estimates from the subset are projected to the set. But if statistical significance is disregarded, can maximumlikelihood logistic regression be used for data from such a subset?

The answer depends on the number of cases that a subset (sample) must possess if maximum-likelihood estimates are to avert bias. Regrettably, a precise answer is not available even though estimation by maximum likelihood is a basic procedure in statistics today.43 Recommendations that I have seen run from roughly 60 cases to no less than 100 cases.44 Because the cases for the studies that I report in subsequent chapters are the states

of the continental United States, each of these studies necessarily relies on fewer cases than the smallest number in the foregoing recommendations. However, the recommendations are unlikely to be relevant to the studies in the instant book, since the recommendations were apparently developed for subsets (samples) and the studies in the book utilize every case in the set (universe), not a subset of cases drawn from the set.45 Although I was unable to find any guidance on the matter for data covering an entire set, maximum-likelihood estimates of the magnitude and direction of between-variable relationships are presumably accurate when they arise from data on a small set even though they may be biased when arising from data on a small subset that must be extrapolated to the set. After all, the data on a full set cover all of the cases in the set.

A further point involves data from cases on which measurement has ceased before every case that eventually changes on the dependent variable has undergone the change. For such data—that is, data that are statistically “censored”—maximum-likelihood estimation is commonly employed because of the advantages it offers, even when the data were obtained from a numerically small number of cases.46 Data censored on the dependent variable will often be unavoidable, of course, in research focused on the advent of new doctrines and concepts of law.

When applied to data (censored or uncensored) from a numerically small set (universe), two reasons can be advanced for the position that maximum-likelihood estimation is an appropriate statistical tool. First, data on a full set (universe) may be less likely to contain bias than data on a subset (sample) taken from the set. The lower likelihood of bias in data on all members of a set results partly from the absence of sampling. The sampling process can introduce bias,47 but when the data being analyzed cover the set as a whole rather than just a subset of the set, the data are necessarily free of bias due to sampling. Data gathered from the total set— such as data procured in the U.S. decennial census—may also have been acquired with a lower nonresponse rate than data gathered from a subset, and hence not be as prone to bias.48 Notably, nonresponse rates in sample surveys of cross sections of the U.S. population have risen over time.49

A second, and related, reason exists for expecting maximum-likelihood estimation to be suitable for data on a numerically small set (universe) but not for data on a numerically small subset (sample). When data on an entire set are used, information on the set comes from the set itself, not from an intermediary (i.e., a subset), and the guesses involved in subsetto-set inference with tests of statistical significance are not made.50 With

full-set data, accordingly, the attributes of the set are known with relative certainty except to the extent that systematic error exists in the measurement of the attributes. Because data on an entire set are able to reveal relationships between attributes of the set and do so without assessments of statistical significance, the number of cases comprising the set is arguably not a consideration when maximum-likelihood estimation is applied to data on the set. Freed from tests of statistical significance, in other words, maximum-likelihood estimates from data on all cases in a small set are defensible.

1.5 excessive collinearity, influential outliers, and interaction

As is apparent from the preceding discussion, the research process benefits from information on every case in a set: Subset-to-set inferences are unnecessary, and because they can be wrong, a source of error is avoided. Nonetheless, while data on a full set are preferable to data on a subset, data on all of the cases in a set do not ensure accurate conclusions. I now discuss three problems—excessive collinearity, influential outliers, and interaction—that investigators may encounter when they use regression to explore data, including full-set data. The studies in Chaps. 2, 3, 4, 5, and 6 include checks on whether any of these problems exist and must be fixed or taken into account before conclusions are reached as to relationships between state-level variables and the content of state law.

To explain the three problems, I will employ a hypothetical research project in which two independent variables (X1 and X2) are examined to ascertain the relationship of each to the dependent variable (Y). In this project, I assume that the data analyzed are for states in the United States. I further assume that the dependent variable is dichotomized, that every state is assigned the number 0 or the number 1 on the dependent variable, and that relationships are therefore estimated using logistic regression.

Collinearity between the independent variables is too high when X1 and X2 are so closely related that the impact on Y of X1 is not readily separable from the impact of X2. When this happens, the relationship to Y of X1 and/or of X2 cannot be reliably estimated.51 In the studies reported in Chaps. 2, 3, 4, 5, and 6, whether undue collinearity exists will be determined by the variance inflation factor (VIF). Following the widely accepted criterion, collinearity will be regarded as not excessive for an independent variable that has a VIF score of less than 10.0.52 The VIF score will be calculated with the collin command for Stata.53

I turn next to the problem of influential outliers. In my hypothetical study, the category of Y in which each U.S. state is expected to fall is predicted by the regression model (X1 and X2), but in those predictions, a particular state may have had an excessive impact on the odds ratio estimated for X1 and/or the odds ratio estimated for X2. Detection of such a state in the studies reported in Chaps. 2, 3, 4, 5, and 6 will involve a series of steps. Initially, Cook’s Statistic for every state will be computed. Because the Cook’s Statistic for a state is an indicator of whether the state inordinately affects the fit of the regression model being used,54 each state having a Cook’s Statistic that is at least 1.00,55 or that is markedly larger than the Cook’s Statistics computed for the bulk of the states, will be removed from the regression analysis. The removal of these states, one at a time, will allow an assessment, albeit subjective, of whether the absence of any state alters the odds ratio of an independent variable to a material degree.56 A state that does so will be further examined to determine whether there is any reason to believe that it is special.57 An aid to making this determination will be whether, under the regression model, the probability was high or low that the state was in the category of the dependent variable in which it fell; a low probability suggests that the state may be an influential outlier.58 If a persuasive reason is found for believing that a state is a deviant, the state will be designated an influential outlier and omitted from the reported results of the regression analysis. However, a presumption will exist that a state is not an influential outlier, because the states of the United States are components of a system and the omission of a state can undermine the wholeness of the system.59 This presumption will carry a lot of weight. Nonetheless, it is not carved in stone, and a telling rationale may exist for rejecting it in a particular situation.

Interaction between independent variables is the last of the three problems considered here. In some aspects of social life, the impact of X1 on Y depends on X2. For instance, X1 may affect the dependent variable in a different way in one category or at one level of X2 than another; that is, what X1 does to Y may not be the same across all forms of X2 (where X2 is measured with a nominal scale) or across all amounts of X2 (where X2 is measured with an ordinal, interval, or ratio scale). Similarly, X1 and X2 jointly may have a larger or smaller effect on the dependent variable than either X1 or X2 has by itself. The word “interaction” is applied in such situations—interaction is said to exist between X1 and X2 when the impact of X1 on Y is contingent on X2.

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approach as the royal party turns the angle opposite Oldtown. The king is always seated in a six-oared gig belonging to the ship to which he is proceeding, whilst the canoes contain his eldest son, young Eyo, and his three brothers, with an innumerable host of slave attendants. He has a gigantic parti-coloured parasol held over his head on these occasions, as he has whenever walking about his town, or seated in one of his court-yards, overlooking his trade books. The musical band accompanying the king consists of an Egbo drum, placed transversely in the canoe, which is not beaten on the ends as our drums are, but on the top of its longitudinal surface with a pair of sticks; an instrument formed of iron, as of the saucers of two shovels welded face to face, and struck with a piece of the same metal; a cow’s-horn, blown rather discordantly; and clatteringboxes made of bamboo matting, with a string to them held in the hands like Spanish castanets, and shaken vigorously to produce a noise by the agitation of the pebbles or pieces of broken crockeryware they contain. Yet, with this primitive attempt at music, the banners flying from the canoes, the simultaneous hoisting of flags on all the ships in the river, and the return of a salute from the vessel to which he is proceeding, when the king’s party becomes visible, gives the whole scene a very animated appearance.”

By-the-by, mention has several times been made of the curious institution existing in this part of the world known as the order of “Egbo.” It is a sort of negro brotherhood of kings, chiefs, and free men, and the title is derived from “Ekpe,” the Efik name for tiger. There are eleven grades, the three superior of which are not purchaseable by slaves. In former times the Egbo title was confined entirely to freemen, the second or third generation of a slave born within the pale of an Egboman’s dwelling being liberated by this fact, and allowed to purchase it after their parents were dead. It cannot be compared to any institution familiar to European minds but to that of Freemasonry. Previous to initiation, the Egbo candidate is obliged to go through a number of ceremonial observances; as, for instance, on a “Brass Egbo”—one of the superior grades—applicant’s admission into that order, his body is daubed over with yellow dye to simulate brass, and there is a sacrifice of animals on the occasion. The secrets and meetings of Egbo men are strictly private. If a man,

woman, or child have a complaint of grievance against a master or neighbour, he or she has only to give notification of it by slapping an Egbo gentleman on the front of his body, or by going into the market square and tolling the large Egbo bell. The gentleman apprised by the first-mentioned form of notice, is bound to have at once an Egbo meeting to redress the grievance complained of, and if this be found to be trivial the punishment is inflicted on the complainant. When an Egbo man wants to make a proclamation relative to a theft committed, or the recovery of a debt, he sends out into the town what is supposed to be Idem, or spiritual representation of Egbo, a man with a black vizard on his black face, and the whole of his body covered cap-a-pie with a fantastical dress of bamboo matting. This personage is sometimes preceded by a few drummers, and he always has a bell fastened to his side, which rings as he goes along. In his left hand he carries a bunch of green leaves (for he is believed to have been exorcised from the woods, and of course must keep up his sylvan character); in his right is an enormous cow-hide whip with which he flogs every slave, man or woman, whom he meets, as taste or inclination may suggest. A brutal peculiarity of the Egboship is this, that the want of a single variety of the title will expose him who is so unfortunate as to lack it, to the lashings of the Idem of that particular grade which he has not purchased. If an individual who is in possession of all the inferior grades, and of three of the superior ones, happens to be out on the day when the Idem of that particular Egbo that he was in want of is walking, he is marked out from the common multitude and treated with extra severity. Should the Idem not meet any slave in the streets to whip on his rounds, he is at liberty to go into their houses and whip them to his heart’s content. The sound of Egbo bells, and the name of Egbo day, are enough to terrify all the slave population of Duketown, and when they hear it they hide in every available place. Latterly females have been permitted to buy Egbo privileges, but are not allowed to be present at the councils of the Egbo gentlemen, nor to enter at any time within the wall of the Egbo Palaver-house. When a yellow flag floats from the king’s house it is understood to be Brass Egbo day, and none but a few of the privileged are allowed to walk abroad. A strip of cloth of the same colour nailed to any man’s door implies that his house is

under the powerful protection of Brass Egbo, the indication being significant of the master’s absence from home. If an Idem meets a European in his progress, where there are two roads or pathways available, the Idem walks off on the one different from that which the white man is approaching; if there be but one road, the latter is expected to turn his back and let the supposed spirit pass unnoticed and undisturbed. “Aqua Osong,” the last day of the Kalabar week, is grand Egbo day, on which there is a carnival and Egbo procession, with the usual amount of brutality. All legal and judicial proceedings in the country are ushered in and carried out under Egbo demonstrations, for the purpose evidently of keeping the law in terrorem over the slave population. And no stronger evidence of this can be adduced than that a man tried and condemned by Egbo law has to forfeit all his slaves and other property in his possession, no matter to whom this latter may belong. These are all divided as prey amongst the highest Egbo authorities. Persons sentenced to death by Egbo trial are allowed what is considered a privilege of leaving this world in a state of intoxication. There is a class of people called Bloodmen, who live in the interior at the plantations, and whose presence in Duketown does not give much comfort to the Egbo authorities. Sometime after the death of King Eyamba in 1846, a number of slaves belonging to the duke’s family ran away from their owners, and entered into a blood covenant for mutual protection. In a short time others joined them, and they now amount to several thousands. The present King of Duketown, Duke Ephraim, is the lineal descendant of the master of the original refugees, and consequently has considerable influence over them. Some time back they tried to be allowed the establishment of a separate Egboship for themselves, but were refused. They come into town whenever any ceremonial is to be performed having reference to a deed of blood; but what their relation is to the Egbo order still remains a profound secret. The gentlemen at Old Kalabar have all private fetishes at their houses—the skulls of human beings, the bones of leopards, hippopotami, crocodiles, and manattis, arranged according to the owner’s taste and fancy. Peculiar species of food are not eaten by many families, from the fact that some members of them die after

eating of such condiments, and their ju-ju consequently places an interdict on their use.

At Lunda, another settlement in Western Africa, the individual at the head of the State is called the “Mambo.” This gorgeous personage, together with his chief ministers, is thus described by the traveller Valdez, to whom audience was given:

“The Mambo sat on a number of tiger-skins, so arranged that all the tails radiated, thus forming the figure of a large star, and in the centre was spread an enormous lion-skin, which covered a portion of all the others. A stool, covered with green cloth and placed on the lion-skin, formed the throne of the Mambo. This dignitary was dressed in a most magnificent style, far surpassing in grandeur of display all the other potentates of the interior of Africa. His head was adorned with a mitre, about two spans high, in shape resembling a pyramid, and formed of feathers of a bright scarlet colour. His forehead was encircled by a diadem ornamented with a great variety of valuable jewels of great brilliancy; a sort of frill or fan of green cloth, supported by two small ivory arrows, was standing up from the back of his head; the neck and shoulders being covered with a kind of spencer or capuchin without sleeves. The upper part of this cape was ornamented with the bottom of cowrie shells, under which was a row of imitation jewels. The lower part had a most brilliant and dazzling effect, in consequence of a great number of small mirrors, or square and round pieces of looking-glass, being tastefully arranged alternately with the precious stones all round it. His shoulders, breast, and back, were thus covered with a garment at which no one in that resplendent sunshine could for one moment look fixedly

“The arms above the elbows were ornamented with a band of cloth of about four inches broad, the borders and edges of which had attached to them strips of skin, with hair of about four or five inches long hanging down like a fringe. None but the Muata Cazembe, or prime minister, and his nearest relatives are allowed to wear this badge of royalty. From his elbows to the wrist the arms were ornamented with sky-blue stones, while the yellow cloth, something similar to the Highlandman’s kilt, extended from the waist to the

knees. This garment had two borders of about four inches wide, the upper one blue, and the lower red.

“He also had a kind of girdle or swathe of several yards long, which was worn in a rather peculiar manner; one end of it being fastened to the other cloth by a small ivory arrow a little below the waist, and the whole then wound round the body in small regular folds. A leather belt which is girt round the body preserves this garment in its place. Both are considered as the insignia of imperial authority.

“The insipo or girdle of hide is cut from the entire length of an ox’s skin, and is about five or six inches in breadth. When the insipo is girded on, the tassel of the tail is left trailing under a sort of fan, formed by the folds or plaits as before mentioned. The Muata Cazembe had hung from his insipo under his right hand a string of pearls, to the end of which a small bell was attached, which, knocking against his legs as he moved, rang at intervals. He had also pearls strung round his legs from his knees downwards, similar to those he wore on his arms. While the whole of his body was thus richly ornamented, his face, hands, and feet were left entirely uncovered.

“The Muata Cazembe had seven umbrellas, forming a canopy to shelter him from the sun. These varied in colour, and were fastened to the ground with long bamboos, covered with stuff of different hues manufactured by the natives. Twelve negroes simply clad, and each of them holding in his hand a nhumbo’s tail, were stationed round the umbrellas.

“The nhumbo is an antelope about the size of a three-year old ox, and of a chestnut colour, having a black cross along the back, and a great deal of hair about the shoulder-blades—about the same quantity as a horse has upon his mane and tail. It has cloven feet, head and horns like a buffalo, and the flesh is excellent food. The nhumbo tails held by the negroes were in the form of a broom, and the part which served as a handle was adorned with beads of various colours. All the tails were put in motion at the same time

whenever the Muata Cazembe thought proper to make a sign with a small one of the same kind, which he used himself.

“At a short distance from him were negroes gravely employed in looking for and sweeping away whatever was unpleasant or offensive to the sight. After them came two other negroes, with baskets on their shoulders, to pick up anything which might be overlooked; but the place was so clear that not one of them could find anything to do, although, according to custom, the appearance of being busy was kept up. Two curved lines issued from the extremities of the Muata’s chair, and met at the distance of twenty paces in front, opposite the Mambo. The line on the left was marked by the point of a stick which was trailed along the ground; that on his right by chalk. In front of these curved lines, forming an avenue of about three spans in width, were two files of figures resembling idols, beginning from the sides of the curved lines. The size of these figures, which were only half-lengths, was about twenty inches; they were nailed to sticks thrust in the ground, were very rudely made, had Kaffir features, and were ornamented with the horns of beasts. In the centre of the avenue was a cage in the form of a barrel, containing another smaller figure.

“Two negroes sat on the ground near the two outermost figures fronting the king, each having an earthen vessel full of live ashes before him, and were employed in throwing on the fire a quantity of leaves, which produced a dense aromatic smoke. The backs of the images being placed towards the Muata Cazembe, from under the last—the one nearest the earthen vessels—a rope was extended to the Mambo’s feet; for what purpose I could not by any means ascertain.

“The two wives of the Mambo were the only ones present in the Chipango, the gate of which was open. One of these ladies was sitting on a stool, covered with a green cloth; her arms, neck, and bosom ornamented with stones of different colours, and her head adorned with scarlet feathers, like the head-dress of the Mambo, but shorter and smaller.

“The second wife sat on a lion’s skin at the left-hand side of the gate, with no other dress than a cloth, which was entirely without ornaments. Behind the two wives stood more than four hundred women of different ages, all dressed in nhandas, a kind of interwoven cloth made of the bark of trees.”

In another part of this strange country the ruler is known by the euphonious title of “Jaga;” and whenever a vacancy occurs in the government by the death of the Jaga, the Tendalla or prime-minister convokes the heads of the electoral college, which comprises the Macotas or counsellors, the Cazas or noblemen, and the Catondo or commander-in-chief, who together with himself (the Tendella), compose the cabinet council. When this body is assembled they proceed to investigate the claims of the various individuals connected with the families who are considered as legitimate aspirants to the regal dignity.

Having first decided as to the family, their next inquiry has reference to the individual best qualified to bear the royal dignity; but it is seldom that matters proceed so far, for it is generally understood beforehand by the members of the electoral college who is the legitimate and popular claimant.

These important questions once settled, they next proceed to build a suitable house for a new Jaga, and to lay out the garden, etc., and also to erect houses for themselves around it. After these preliminary proceedings, they next direct their steps to the residence of the man of their choice, and unceremoniously entering, bring him out as if he were a malefactor and present him to the multitude, who, amidst the clang of marimbas and beating of drums, raise a simultaneous shout on his appearance. He is then conveyed on the shoulders of his sons, or of the people, to the Quilombo or fortified residence provided for him, where he remains for several days, none being allowed to visit him, with the exception of two relations and the Tendella. At the end of two months he removes to a house previously prepared on the borders of the River Undua, where he remains for twenty or thirty days. Here he may be said to form his new ministry—deposing some officers and appointing others. On this occasion he also selects his principal wife. When all these

arrangements are finished, the Jaga returns to the locality where he intends to reside, and fixes the exact spot as follows:—Having formed his Quilombo, he takes his bow and discharges an arrow, and wherever it falls there he must erect his permanent residence, called Semba. Around it are built the houses of his wives, who in general amount to fifty in number. Next to these are located the senzales of the Macotas and their wives of the followers of the former Jaga, and lastly of those who were with the elected Jaga at the Senzald, where formerly he acted as Maquita.

The last of these ceremonies is that called the Sambamento, after which the Jaga is considered qualified to exercise all the functions of his office.

The particular period at which this most cruel and barbarous custom originated is not known. Some of the Jagas have been known to dispense with it altogether.

When it is decided to celebrate the Sambamento, some of the Sovas or Maquitas are dispatched to find the Nicango or victim. The person selected is uniformly a black, who must have no relationship or connection with the Jaga or any of the Maquitas or Macotas. When the Nicango arrives, he is received at the Quilombo and treated in the same manner as the Jaga; he is provided with everything he requires, and all his orders are obeyed with the same promptitude.

The day on which the Sambamento is to be celebrated being appointed, the Maquitas are informed of the fact, and as large a number of the people as can be accommodated at the Quilombo being invited, they all assemble in front of the residence of the Jaga. The Maquitas and the Macotas form themselves into a circle, the rest of the people assembling around. The Jaga then takes his seat in the centre of the circle, on an iron stool, in a circular concave form with a hole through the centre of the top. The Bansacuco is seated beside the Jaga, together with all the concubines. The CassangeCagongue then strikes the gong, which is of iron in the form of an arch, with two small bells attached, and with a bar across it. The

Cassange-Cagongue continues to ring the bells during the ceremony.

The Nicango is then introduced and placed in front of the Jaga, but with his back towards him. The Jaga being provided with a cutlass of a semi-circular form, commences operations by cutting open the back of the Nicango until he reaches the heart, which he extracts, and having taken a bit of it he spits it out and gives it to be burned.

The Macotas in the meantime hold the corpse of the Nicango in such a manner that the blood from the wound in the back is discharged against the breast and belly of the Jaga, and falling through the hole in the iron stool is collected by the Maquitas in their hands; they then rub their breast and beard with it, at the same time making a great clamour vociferating “Great is the Jaga and the rites of the State.”

The corpse of the Nicango is next carried to some distance, where it is first skinned and then divided into small pieces and cooked with the flesh of an ox, a dog, a hen, and some other animals. The meal being prepared it is first served to the Jaga, next to the Maquitas and Macotas, and then to all the people assembled, and woe to the unhappy wight who has the temerity to refuse partaking of the repast from any repugnance to the ingredient, as in such case the law made and provided is that he and his family forfeit their liberty and are therefore at once sold into captivity.

Singing and dancing conclude the Sambamento.

CHAPTER XVIII.

Dr Livingstone’s reception by Shinte A South-African Chieftess She gives her guests “a bit of her mind” Breaches of Court etiquette—Abyssinian cure for melancholy—Mr Bruce and the Lady Sittina—Greasing the King of Seenaar—Majesty in Madagascar A Malagasey palace The Feast of the Queen’s Bath A Court ball in Madagascar.

urning from Western to Southern Africa, let us see how royalty comports itself. As in the former case there is a wide choice of potentates, but we will take but two— Shinte, King of Makalolo, and Manenko, Chieftess of Balonda.

“We (Dr. Livingstone and party) were honoured with a grand reception by Shinte about eleven o’clock. The native Portuguese and Mambari went fully armed with guns, in order to give Shinte a salute, their drummer and trumpeter making all the noise their very old instruments would produce. The kotla, or place of audience, was about a hundred yards square, and two graceful specimens of a species of banian stood near the end. Under one of these sat Shinte on a sort of throne covered with a leopard’s skin. He had on a checked jacket and a kilt of scarlet baize edged with green; many strings of large heads hung from his neck, and his limbs were covered with iron and copper armlets and bracelets; on his head he wore a helmet made of beads woven neatly together, and crowned with a great bunch of goose-feathers. Close to him sat three lads with large sheaves of arrows over their shoulders.

“When we entered the kotla, the whole of Manenko’s party saluted Shinte by clapping their hands, and Sambanza did obeisance by rubbing his chest and arms with ashes. One of the trees being unoccupied I retreated to it for the sake of the shade, and my whole party did the same. We were now about forty yards from the chief and could see the whole ceremony. The different sections of the tribe came forward in the same way that we did, the head man of each making obeisance with ashes which he carried with him for the purpose; then came the soldiers, all armed to the teeth, running and

shouting towards us, with their swords drawn and their faces screwed up so as to appear as savage as possible for the purpose, I thought, of trying whether they could not make us take to our heels. As we did not, they turned round towards Shinte and saluted him, then retired. When all had come and were seated, then began the curious capering usually seen in pictures. A man starts up, and imitates the most approved attitudes observed in actual fight, as of throwing one javelin, receiving another on the shield, springing on one side to avoid a third, running backwards or forwards, leaping, etc. This over, Sambanza and the spokesman of Nyamoana stalked backwards and forwards in front of Shinte, and gave forth in a loud voice all they had been able to learn either from myself or people of my past history and connection with the Makololo; the return of the captives, the wish to open the country to trade, etc. Perhaps he is fibbing, perhaps not—they rather thought he was; but as the Balonda had good hearts, and Shinte had never done harm to any one, he had better receive the white man well and send him on his way. Sambanza was gaily attired, and, besides a profusion of beads, had a cloth so long that a boy carried it after him as a train.

“Behind Shinte sat about a hundred women clothed in their best, which happened to be a profusion of red baize. The chief wife of Shinte, one of the Matebele or Zulus, sat in front with a curious red cap on her head. During the intervals between the speeches these ladies burst forth into a sort of plaintive ditty; but it was impossible for any of us to catch whether it was in praise of the speaker, of Shinte, or of themselves. This was the first time I had ever seen females present in a public assembly. Generally the women are not permitted to enter the kotla, and even when invited to come to a religious service they would not enter until ordered to do so by the chief; but here they expressed approbation by clapping their hands and laughing to different speakers, and Shinte frequently turned round and spoke to them.

“A party of musicians, consisting of three drummers and four performers on the piano, went round the kotla several times, regaling us with their music. The drums are neatly carved from the trunk of a tree, and have a small hole in the side covered with a bit of spider’s

web; the ends are covered with the skin of an antelope pegged on, and when they wish to tighten it they hold it to the fire to make it contract—the instruments are beaten with the hands.

“The piano, named marimba, consists of two bars of wood placed side by side here quite straight, but farther north bent round so as to resemble half the tire of a carriage wheel; across these are placed about fifteen wooden keys, each of which is two or three inches broad, and fifteen or eighteen inches long—their thickness is regulated according to the deepness of the note required; each of the keys has a calabash beneath it from the upper part of each a portion is cut off to enable them to embrace the bars, and form hollow sounding-boards to the keys, which also are of different sizes according to the note required, and little drumsticks elicit the music. Rapidity of execution seems much admired among them, and the music is pleasant to the ear.

“When nine speakers had concluded their orations Shinte stood up, and so did all the people. He had maintained true African dignity of manner all the while; but my people remarked that he scarcely took his eyes off me for a moment. About a thousand people were present according to my calculation, and three hundred soldiers. The sun had now become hot, and the scene ended by the Mambari discharging their guns.

“As the river seemed to come from the direction in which we wished to go, I was desirous of proceeding farther up with the canoes, but Nyamoana interposed numerous objections, and the arrival of Manenko herself settled the point in the negative. She was a tall strapping woman, about twenty years of age, and distinguished by a profusion of ornaments and medicines, which latter are supposed to act as charms. Her body was smeared all over with a mixture of fat and red ochre as a protection against the weather, a necessary precaution, for, like most of the Balonda ladies, she was in a state of frightful nudity, not so much from want of clothing as from her peculiar ideas of elegance in dress. When she arrived with her husband Sambanza, she listened for some time to the statements I was making to the people of Nyamoana, after which her husband commenced an oration, during the delivery of which he

picked up a little sand, at intervals of two or three seconds, and rubbed it on the upper part of his arms and chest. This is a common mode of salutation in Londa; and when they wish to be excessively polite they bring a quantity of ashes or pipe-clay in a piece of skin and rub it on the chest and upper front part of each arm; others drum their ribs with their elbows, while others touch the ground with one cheek after the other and clap their hands. When Sambanza had finished his oration he rose up and showed his ankles ornamented with a bundle of copper rings. Had they been very heavy they would have impeded his walk; and some chiefs wore so many as to be forced to keep one foot apart from the other, the weight being a serious inconvenience in walking. Gentlemen like Sambanza who wish to ape their betters adopt their gait, strutting along with only a few ounces of ornament on their legs just as if they had double the number of pounds. When I smiled at Sambanza’s walk the people remarked, ‘That is the way in which they show off high blood in these parts.’

“When erecting our sheds at the village, Manenko, the chieftess, fell upon our friends and gave us a specimen of her powers of scolding. Masiko had once sent to Samoana for a cloth, which is a common way of keeping up intercourse. After receiving it he returned it, because it had the appearance of having had witchcraft medicine on it. This was a grave offence; and Manenko had now a good excuse for retaliation, as Masiko’s ambassadors had slept in one of the huts of her village without asking leave. She set upon them furiously, advancing and receding in true oratorical style, belabouring her own servants for allowing the offence, and raking up the faults and failings of the objects of her ire ever since they were born; in conclusion, expressing her despair of ever seeing them become better until they were all killed by alligators. Masiko’s people received this torrent of abuse in silence, and as neither we nor they had anything to eat, we parted next morning. In reference to the sale of slaves they promised to explain to Masiko the relationship which exists between even the most abject of his people and our common Father, and that no more kidnapping ought to be allowed. We promised to return through his town when we came back from the sea-coast.

“Manenko gave us some manioc roots in the morning, and had determined to carry our baggage to her uncle Shinte. We had heard a sample of what she could do with her tongue, and as neither my men nor myself had much inclination to encounter this black virago we proceeded to make ready the packages; but she said the men whom she had ordered for the service would not arrive until tomorrow. I felt annoyed at this further delay and ordered the packages to be put into the canoes at once: but Manenko was not to be circumvented in this way; she came forward with her people, seized the baggage, and declared that she would carry it in spite of me. My men succumbed and left me powerless. I was moving off in high dudgeon to the canoes when she kindly placed her hand on my shoulder and, with a motherly look, said, “Now, my little man, just do as the rest have done.” My feeling of annoyance of course vanished, and I went out to try for some meat.

Ignorance of court etiquette in savage no less than in civilized countries is a fruitful source of danger, or at least unpleasantness, to the traveller ambitious to move in what the newspapers vaguely describe as “select circles.” Mr. Stern, in his recent travels among the Falashas of Abyssinia, was on one occasion advised of this fact in a rather astonishing manner. Breakfast was served in the royal tent, and it was during the progress of the meal that our traveller nearly lost the esteem and regard he had hitherto enjoyed. “According to the Abyssinian notion every man who claims to be of patrician descent, should emulate the noises made by a certain unclean animal whilst eating his meals. My ignorance of this elegant acquirement (for I had unfortunately not yet attained it) drew upon me the frowns as well as the whispered censures of the guests. Unconscious of the cause of this unexpected notoriety, I asked whether there was anything peculiar in my appearance or deportment that provoked criticism. ‘Certainly,’ was the rejoinder, ‘your conduct is so ungentlemanly that all the guests think you must be a very low fellow and quite unaccustomed to move in genteel society.’ ‘And to what am I indebted for this good opinion?’ returned I. ‘To the mode in which you eat; for if you were a gentleman you would show by the smacking of your lips the exalted station to which you belong; but since you masticate your food in this inaudible

manner every one believes that you are a beggar and accustomed to eat in that unostentatious manner which pretended poverty prompts individuals to adopt.’ I assured them that any breach of etiquette must be attributed to the difference of the customs in my own country and not to the low motive they assigned, an apology which amply satisfied the most accomplished courtier in the royal tent.”

It is the constant practice in Abyssinia to beset the king’s doors and windows within his hearing, and there, from early morning to night, to cry for justice as loud as possible in a distressed and complaining tone, and in all the different languages they are master of, in order to their being admitted to have their supposed grievances heard. In a country so ill governed as Abyssinia is, and so perpetually involved in war, it may be easily supposed there is no want of people who have real injuries and violence to complain of: but if it were not so, this is so much the constant usage, that when it happens (as in the midst of the rainy season) that few people can approach the capital or stand without in such bad weather, a set of vagrants are provided, maintained, and paid, whose sole business it is to cry and lament, as if they had been really very much injured and oppressed; and this, they tell you, is for the king’s honour, that he may not be lonely, by the palace being too quiet. This, of all their absurd customs, was the most grievous and troublesome to Mr. Bruce. Sometimes, while Mr. Bruce was busy in his room in the rainy season, there would be four or five hundred people, who all at once would begin, some roaring and crying, as if they were in pain, others demanding justice, as if they were that moment suffering, or if in the instant to be put to death; and some groaning and sobbing as if just expiring; and this horrid symphony was so artfully performed, that no ear could distinguish but that it proceeded from real distress. Mr. Bruce was often so surprised as to send the soldiers at the door to bring in one of them, thinking him come from the country, to examine who had injured him: many a time he was a servant of his own, or some other equally known; or, if he was a stranger, upon asking him what misfortune had befallen him he would answer very composedly, nothing was the matter with him; that he had been sleeping all day with the horses; that hearing from the soldiers at the door that Mr. Bruce was retired to his apartment he and his companions had come

to cry and make a noise under his window, to do him honour before the people, for fear he should be melancholy by being too quiet when alone, and therefore hoped that he would order them drink that they might continue with a little more spirit.

In the course of his Abyssinian journeyings, the traveller just mentioned had occasion to pass through a place called Arendi, which was governed by a female named Sittina, or the Lady. Our traveller waited on this high and mighty personage. Upon entering the house, a black slave laid hold of him by the hand, and placed him in a passage, at the end of which were two opposite doors. Mr. Bruce did not well know the reason of this; but staid only a few minutes, when he heard one of the doors at the end of the passage open, and Sittina appeared magnificently dressed, with a kind of round cap of solid gold upon the crown of her head, all beaten very thin, and hung round with sequins; with a variety of gold chains, solitaires, and necklaces of the same metal, about her neck. Her hair was plaited in ten or twelve small divisions like tails, which hung down below her waist; and over her was thrown a common cotton white garment. She had a purple silk stole, or scarf, hung very gracefully upon her back, brought again round her waist, without covering her shoulders or arms. Upon her wrists she had two bracelets like handcuffs, about half an inch thick, and two gold manacles of the same at her feet, full an inch in diameter, the most disagreeable and awkward part of her dress. Mr. Bruce expected she would have hurried through with some affectation of surprise. On the contrary, she stopped in the middle of the passage, saying, in a very grave manner, “Kifhalec,—how are you?” Mr. Bruce thought this was an opportunity of kissing her hand, which he did, without her shewing any sort of reluctance. “Allow me as a physician, Madam,” said Mr. Bruce, “to say one word.” She bowed with her head, and said, “Go in at that door, and I will hear you.” The slave appeared, and carried him through a door at the bottom of a passage into a room, while her mistress vanished in at another door at the top, and there was the screen he had seen the day before, and the lady behind it. She was a woman scarcely forty, taller than the middle size, had a very round plump face, her mouth rather large, very red lips, the finest teeth and eyes he had seen; but at the top of her nose, and between her

eyebrows, she had a small speck made of antimony, four-cornered, and of the size of the smallest patches formerly worn by ladies of fashion; another rather longer upon the top of her nose, and one in the middle of her chin.

“Tell me what you would say to me as a physician.” “It was, madam, but in consequence of your discourse yesterday. That heavy gold cap with which you press your hair will certainly be the cause of a great part of it falling off.” “I believe so; but I should catch cold, I am so accustomed to it, if I was to leave it off. Are you a man of name and family in your own country?” “Of both, madam.” “Are the women handsome there?” “The handsomest in the world, madam; but they are so good, and so excellent in all other respects, that nobody thinks at all of their beauty, nor do they value themselves upon it.” “And do they allow you to kiss their hands?” “I understand you, madam, though you have mistaken me. There is no familiarity in kissing hands; it is a mark of homage and distant respect paid in my country to our sovereigns, and to none earthly besides.” “O yes! but the kings.” “Yes, and the queens too, always on the knee, madam. On her part, it is a mark of gracious condescension, in favour of rank, merit, and honourable behaviour; it is a reward for dangerous and difficult services, above all other compensation.” “But do you know that no man ever kissed my hand but you?” “It is impossible I should know that, nor is it material. Of this I am confident, it was meant respectfully, cannot hurt you, and should not offend you.” “It certainly has done neither,” replied Her Majesty—and so ended her first lesson on the etiquette of civilized life.

On another occasion, while in the neighbourhood of Seenaar, our traveller waited on the king; and about eight o’clock came a servant from the palace, telling Mr. Bruce that then was the time to “bring his present.” He sorted the separate articles with all the speed he could, and went directly to the palace. The king was sitting in a large apartment, as far as he could guess, at some distance from the former. He was naked, but had several clothes lying upon his knee, and about him, and a servant was rubbing him over with very stinking butter or grease, with which his hair was dropping as if wet with water. Large as the room was, it could be smelled through the

whole of it. The king asked Mr Bruce if he ever greased himself as he did? Mr. Bruce said, very seldom, but fancied it would be very expensive. He then told him that it was elephant’s grease, which made people strong, and preserved the skin very smooth. Our traveller said he thought it very proper, but could not bear the smell of it, though his skin should turn as rough as an elephant’s for the want of it. The king replied, that if Mr. Bruce had used it, his hair would not have turned so red as it was, and that it would all become white presently, when that redness came off. “You may see,” continued he, “the Arabs driven in here by the Daveina, and all their cattle taken from them, because they have no longer any grease for their hair. The sun first turns it red, and then perfectly white; and you will know them in the street by their hair being the colour of yours. As for the smell, you will see that cured presently.”

After having rubbed him abundantly with grease, the servants brought him a pretty large horn, and in it something scented, about the consistence of honey. It was plain that civet was a great part of the composition. The king went out at the door, Mr. Bruce supposes into another room, and there two men deluged him with pitchers of cold water. He then returned, and a slave anointed him with this sweet ointment; after which he sat down as completely dressed, being just going to his woman’s apartment where he was to sup. Mr. Bruce told him, he wondered why he did not use rose-water as in Abyssinia, Arabia, and Cairo. He said he had it often from Cairo, when the merchants arrived; but as it was now long since they came, his people could not make more, for the rose would not grow in his country, though the women made something like it of lemon-flower.

Making a skip from Abyssinia to Madagascar we there find the “Royal state” a ludicrous blending of gingerbread splendour and magnificent muddle. By-the-by, things may have reformed here by this time, as the queen of whom this description treats is lately dead: let us hope that this is the case. Our business, however, is to recite the evidence of our witnesses—the witness in this case being the courageous and truthful Ida Pfieffer.

“Towards four o’clock our bearers carried us to the palace. Over the door is fixed a great gilt eagle with extended wings. According to

the rule here laid down by etiquette we stepped over the threshold first with the right foot, and observed the same ceremony on coming to a second gate leading to a great court-yard in front of the palace. Here we saw the queen sitting on a balcony on the first storey, and were directed to stand in a row in the court-yard opposite to her. Under the balcony stood some soldiers, who went through sundry evolutions, concluding with a very comic point of drill which consisted in suddenly poking up the right foot as though suddenly stung by a tarantula.

“The queen was wrapped, according to the custom of the country, in a wide silk simbu and wore on her head a big golden crown. Though she sat in the shade a very large crimson umbrella was held up over head; this being, it appears, a point of regal state.

“The queen is of rather dark complexion, and sturdily built, and although already seventy-five years of age she is, to the misfortune of her poor country, still hale and of active mind. At one time she is said to have been a great drunkard, but she has given up that fatal propensity some years ago.

“To the right of the queen stood her son Prince Rakoto, and on the left her adopted son Prince Ramboasalama; behind her sat and stood sundry nephews and nieces and other relatives, male and female, and several grandees of the empire.

“The minister who had conducted us to the palace made a short speech to the queen; after which we had to bow three times and to repeat the words ‘Esaratsara tombokoe,’ equivalent to ‘We salute you cordially,’ to which she replied ‘Esaratsara,’ which means ‘wellgood.’ Then we turned to the left to salute the tomb of Prince Radama lying a few paces on one side, with three similar bows; whereupon we returned to our former place in front of the balcony and made three more. Mr. Lambert (who accompanied Madam Pfieffer) on this occasion, held up a gold piece of fifty franks value and put it in the hands of the minister who accompanied us. This gift, which every stranger has to offer the first time he is presented at court, is called ‘Monosina.’ It is not customary that it should consist of a fifty-franc piece; the queen contents herself with a Spanish

dollar, or a five-frank piece. After the delivery of the gold piece, the queen asked Mr. Lambert if he wished to put any question to her, or if he stood in need of anything; to which he answered, ‘No.’ She also was condescending enough to turn to me and ask if I was well and if I had escaped the fever. After I had answered this question, we stayed a few minutes longer looking at each other, and then the bowings and greetings began anew. We had to take leave of Radama’s monument, and on returning were reminded not on any account to put the left foot first over the threshold.”

The royal palace of Madagascar is described by Mrs. Pfieffer as a very large wooden building, consisting of a ground floor and two storeys surmounted by a peculiarly high roof. The storeys are surrounded by broad galleries. Around the building are pillars, also of wood, eighty feet high, supporting the roof which rises to a height of forty feet above them, resting in the centre on a pillar no less than a hundred and twenty feet high. All these columns, the one in the centre not excepted, consist of a single trunk; and when it is considered that the woods which contain trees of sufficient size to furnish these columns are fifty or sixty English miles from the capital, that the roads are nowhere paved and in some places are quite impassable, and that all the pillars are dragged hither without the help of a single beast of burden or any kind of machine, and are afterwards prepared and set up by means of the simplest tools, the building of this place may with truth be called a gigantic undertaking, and the place itself be ranked among the wonders of the world. In bringing home the chief pillar alone five thousand persons were employed and twelve days were occupied in its erection.

“All these labours were performed by the people as compulsory service for which they received neither wages nor food. I was told that during the progress of the work fifteen thousand persons fell victims to the hard toil and the want of proper nourishment. But the queen is little disturbed by such a circumstance—half the population might perish if only her high behests were fulfilled.

“In front of the principal building a handsome and spacious courtyard has been left. Around this space stands several pretty houses, all of wood. The chief building is in fact uninhabited and contains

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