tribes. This particular nation, in which the Wolfungs, the Otungs, and such, figure, was a
nation not regarded, at that time, as one of great importance, particularly after its defeat
in various wars. This particular nation was that of the Vandals. Few people, at that time,
had heard of it. The etymology of the name has been elsewhere discussed. The expression
'nation' is here used advisedly, but not, I think, inappropriately. The expression 'folk' or
'people' would doubtless be more judicious but we are here dealing with political matters
and in such a case it seems more apt, for our readers, to speak of "nations." Too, there is
a tendency, perhaps now too ingrained to be ignored with impunity, to speak of "nations"
in these matters. There are some differences, however, which are not unimportant. In
particular, the relation a member of one of these tribes has to the tribe, or the people, or
folk, or nation, is not to be understood as being identical to that of a citizen to his state,
though there are doubtless similarities. The state, in a sense, is an artificial nation, a
contrived nation, a legal construction, relying upon conventions acknowledged, and
observed, a theoretically voluntary organization, though, to be sure, it may confront the
citizen with all the practical irrefutability and implacable solidity of a given datum, a
condition of being, a law of nature, a family or species. The relation of a citizen to a state
is usually construed, at least in theory, as a contractual one, either implicitly or
explicitly, as in uttering oaths of allegiance, and such. The relationship within the tribe,
on the other hand, is not contractual, neither implicitly nor explicitly, no more than that
of being brothers. One does not participate in a tribe, but one is of the tribe, much as one
finds oneself, through traditions of blood, one of a family, or line. Tribes consist of clans,
and clans of families, and thus one is speaking, here, when one speaks of tribes, of
complicated and extensive networks of human relationships, and predominantly blood
relationships, though in many cases of an extended and tenuous sense. The state rests
upon law, and the tribe on blood. One cannot, in the ordinary course of things, cease to
be a member of tribe, any more than one can cease to be the son of one's father. To be
sure, certain caveats must be entered. For example, one may be accepted into a tribe,
and then one is truly of the tribe; and one may be cast out of the tribe, and thus be no
longer of the tribe; and one may repudiate the tribe, and thus remove oneself from it.
Here, in such considerations, we find that the tribe bears analogies to, for example, the
obtaining of citizenship, the loss of citizenship, the repudiation of citizenship, and such.
The tribe is thus, in a sense, analogous to a biologically founded state. It is thus, actually,
not simply biological, not simply a matter of blood, and, at the same time, it is more than
an abstraction, a matrix of legalities, a creature of convention, profound or otherwise.
There are, of course, many other differences, and many other commonalities, as well. It
may be useful to mention some, as it may render more intelligible some portions of what
follows. Custom is important in the tribe, and law in the state, though it is a matter of
degree, for the state, too, has its customs, and some tribes, at least, have their laws,
though usually the laws in such tribes are unwritten, and are the province of the law-
sayers, who must, in many such tribes, memorize the law, and are responsible for reciting
portions of it at gatherings, to keep it in living memory, usually a third of it at each
annual gathering. Thus the men in such tribes will hear the law as a whole, from its
sayers, once every three years. In many tribes, on the other hand, the court of law is the
hut of the chieftain, and its statutes and codices are his whims. Better put, perhaps, in
such tribes there is no law, but there is the will, the decision, of the chieftain. Citizens are
often literate, while tribesmen are less often so. But, of course, there are illiterate citizens