2. Romani Law

2. Romani Law
Note:2@@@@@@@@@@@zingari

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from three to fifteen million.
Note:QUANTI SONO

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a population that left northern India about a thousand years ago.
Note:INDIANI

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claiming to be from Lesser Egypt in Greece on pilgrimage as penance for the temporary abandonment of Christianity by their ancestors.
Note:APPPARIRONO IN EU NEL 1400

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bearing letters of safe conduct from Sigismund giving them judicial autonomy, the right to be punished only by their own authorities.
Note:ATTRAVERSARONO L EU

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Polylegal systems, systems in which different people in the same country were under different legal authorities,
Note:TIPICO DEL MEDIOEVO...VEDI EBREI

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Romani x 3: Vlach Rom, Romanichal, Kalle
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Vlach Rom
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After serfdom was abolished in Romania in the 19th century many of the Vlach Rom emigrated.
Note:PRIMA SCHIAVI

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Anne Sutherland
Note:L EPERTA

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The basic unit is the familia: a couple, their adult sons,
Note:1

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Above the familia is the vitsa, a larger kinship group descended from an ancestor some generations back.
Note:2

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Above the vitsa is the Natsiya, nation.
Note:3

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Machwaya, Lowara, Kalderasha and Churara.
Note:LE 4 NAZIONI

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Marriage is by purchase,
Note:QUALCHE MIGLIAIO DI DOLLARI SBORSATO DALLE FAMIGLIE

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While consent of bride and groom is required, it is up to a man’s parents to find him a wife and negotiate
Note:PRECSAZIONE

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she is expected to do much of the work of the household.
Note:RUOLI

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As she produces children, her status in the household gradually rises.
Note:STATUS

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parents retain the ability to cancel the marriage and retrieve their daughter;
Note:LA RESA DEL DENARO È OGGETTO DI CONFLITTI INFINITI

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The geographical unit above the Familia is the kumpania. The original meaning seems to have been an encampment,
Note:LA NAZIONE È LEGATA ALLA PARENTELA

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A Kumpania usually has a Rom Baro, a “Big Man,” who plays an important role in interactions
Note:IL BOSS CHE TRATTA CON LA POLIZIA

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It may contain households of several vitsa, in which case its leader will probably be the leading figure of whichever vitsa has the most households.
Note:IL CAMPO

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An unwelcome family can be reported to the police for crimes they did or did not commit,
Note:CAMPO CHIUSO

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Legal System
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Obligations apply to fellow Rom not to outsiders, Gaje.
Note:DIRITTI E DOVERI

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Swindling or stealing from a fellow Romani is an offense to be dealt with and uncommon,76 swindling or stealing from an outsider comes under Romania only to the extent that it creates problems for other Rom.
Note:FURTO E TRUFFA

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There is no word for all men and women.
Note:ROM E NN ROM

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Romani view the non-Romani population not as part of their society but as part of their environment.
Note:NATURA

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Romani acted in a way that offended the locals and then left; the locals responded by punishing a second group of Romani for the offenses of the first. The second group’s response was to claim damages via a kris, a Romani court, from the responsible parties—not the locals who attacked them but the first group of Romani.
Note:UN CASO INTERESSANTE

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an elaborate system of purity and pollution, Orthodox Judaism on steroids.
Note:MA LA CARATTERISTICA PRINCIPALE

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clean from the waist up, unclean from the waist down.
Note:IL CORPO UMANO

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different wash tubs are supposed to be used for men’s lower garments, men’s upper garments, women’s lower garments, women’s upper garments,
Note:LVATRICI DIFFERENZIATE

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marimé is really two things, the state of being polluted and the status of ostracism due to being polluted.
Note:LA SPORCIZIA È CONTAGIOSA E IMPLICA ESCLUSIONE

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Because pollution is contagious and Gaje neither know nor follow the rules to prevent it, association with them is sharply limited.
Note:GAJE

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A pregnant woman is expected to eat alone, consume food cooked in her own pots, and after childbirth destroy the garments she wore while pregnant.
Note:SESSO E ESCREMENT SONO ASSOCIATI COL BASSO

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skirt tossing—exposing her genitals—obliging the victim to engage in costly procedures of purification.
Note:LA MALEDIZIONE

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Enforcement
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feud and the threat of ostracism
Note:LA PUNIZIONE PRINCIP

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He retaliated with an approach common in Vlach Rom feuds, using the gaje authorities to impose costs on his opponent.
Note:LA DELAZIONE COME VENDETTA

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The Rom often lie to each other about everyday matters, but they almost always lie to the gaje. There is no particular shame attached to lying to each other
Note:LA MANIPOLAZIONE COME ABILITÀ PRINCIPALE

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My cross-checking technique was all the more acceptable since the Rom employ the same tactics with each other.
Note:LA TECNICA DELLE TRE CONFERME

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When one party to a conflict is unable to force the other to yield, an alternative approach is avoidance.
Note:NOMADISMO

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had two judges, selected for their reputation, and a jury of twenty-five.
Note:KRIS....LA CORTE

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When a person is declared marime publicly, whether by a group of people (such as families in the kumpania) or more formally in a kris romani (trial), he is immediately denied commensality with other Rom.
Note:OSTRACISMO UNICA PENA

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Ostracism is a way in which an embedded legal system, one that exists under the rule of a state with much greater resources of coercion than the community possesses, can function. Refusing to associate with someone is not illegal, so the marimé penalty can be enforced without coming into conflict with state law.

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GIUSTIZIA EMBEDDED

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Status
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Age is directly correlated with power and respect —
Note:ETÀ

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Within the kumpania, the sexes are largely segregated, males interacting with males, females with females.
Note:SESSISMO SPINTO

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While both men and women may bring in money, women are viewed as the primary earners, often through fortune telling, men as their assistants.
Note:FONTI DEL PANE

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Outside of the family structure, the Romani are strikingly unwilling to engage in hierarchical relationships.
Note:EGALITARISMO

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Legislation
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Romania is a combination of law, religion, and medical belief—violation
Note:LA LEGGE

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violation brings social sanctions but also bad luck and ill health.
Note:SANZIONI

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Romanichal
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Kaale
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carry the Vlach Rom attitude towards the lower half of the body even further than other Romani, refusing to openly admit the facts of human reproduction.88
Note:RIMOZIONE

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They have no institution of marriage. Couples that wish to reproduce are expected to first leave their family households, flee far enough away so that the woman’s kin cannot find them and retrieve her, and return only when their child is weaned
Note:MATRIMONIO

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There can be no restrictions associated with menstruation since enforcing them would require recognition of the fact of menstruation, and similarly with pregnancy.
Note:EFFETTI DELLA RIMPZIONE

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There is no equivalent of the court procedures or arbitrated settlements that terminated Icelandic feuds.
Note:INFINITE

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feud mostly takes the form not of violence but of avoidance—of
Note:FAIDE NN VIOLENTE

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Explaining the Differences
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Thomas Acton, Susan Caffrey, and Gary Mundy, the authors of Chapter 3 of Gypsy Law
Note:ESPERTI SOTTO

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the ability, when all else fails, of one party to walk out on the other and their dispute; absent that, the risk of serious violence becomes too large.
Note:UNA DIFFERENZA CHE SI RIPERCUOTE SULLA TRADIZIONE

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the period of four centuries during which the Vlach Rom were enserfed in Romania.
Note:STORIA...ECCEZIONE AL LORO ENDEMICO NOMADISMO

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the feud system represents the original institution, the kris and associated institutions an adaptation to the special circumstances of serfdom
Note:PROBABILMENTE

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Marushiakova and Popov,
Note:NN SONO D ACCORDO

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Some Romani were tied to the land but others remained mobile, owing annual dues to their owner91 but with a considerable degree of both freedom and legal autonomy.
Note:DURANTE LA SCHIAVITÙ

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The Vlach Rom law enforcement system depends on a crucial feature of the marimé rules: contagion. The fact that marimé is contagious makes it in the private interest of each individual Rom to shun anyone infected with it.
Note:IPOTESI LEESON X SPIEGARE LE DIFFERENZE

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Since all non-Rom are carriers of marimé, the fact that it is contagious also blocks interaction with non-Rom and so makes the individual Rom dependent on his ability to associate with his fellow Rom. Thus contagious marimé solves, for the Vlach Rom, some of the problems of enforcing rules
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There are, Leeson argues, two major sources of intra-Rom conflict among the Vlach Rom—marriage relations, in particular disputes over the return of bride price when a marriage fails, and economic associations beyond the familia, the extended family. Neither exists among the Kaale. With no institution of marriage there is no issue of bride price. With economic interaction almost entirely within, not across, households, there are few opportunities for disputes across households.

Note | Location: 694

LA SITUAZIONE KAAL È BEN DIVERSA...PRESSO DI LORO NN ESISTE CONTAGIO

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The Kaale, with less need for mechanisms to enforce rules outside the household, have no institution of kris.
Note:CONCLUSIONE

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“In private a woman may step over her husband’s clothes, pass in front of him, or touch him with her skirts, but she would be very ashamed to do this in public,
Note:IL CONTAGIO NN SEMBRA CREDUTO REALMENTE

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Defensive Strategy
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Romani do not wish to be controlled by gaje.
Note:IL SEGRETO È X LORO UNA FORMA DI PROTEZIONE

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Romani, at least the Vlach Rom, the largest and most studied group, treat a name used in dealing with outsiders as fungible,
Note:IL NOME USATO X NN FARSI MONITORARE

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although the Nazis targeted Romani as well as Jews for extermination, they seem to have been considerably less successful in the former case.
Note:QUESTA CAPACITÀ DI SFUGGIRE SPIEGA MOLTE COSE....OLTRE 3/4 DI LORO SI SALVARONO

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centuries of experience in avoiding the prying questions of outsiders,
Note:LA VIRTÙ

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They delight in deceiving the gajo, mostly for a good reason, but sometimes just for the fun of it or to keep in practice.
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Anonymity and invisibility combined with intense secretiveness
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officially they do not exist.
X MOLTI REGISTRI