Worth highlighting this perspective though, would certainly be interested in applied similarly to Aboriginals.
Enforcement of private property rights in primitive societies: law without government
“The Kapauku had no formal government with coercive power. Most observers have concluded that there was a virtual lack of leadership among these people.
One Dutch administrator noted, however, that "there is a man who seems to have some influence upon the others. He is referred to by the name
tonowi which means ‘the rich one.’ Nevertheless, I would hesitate to call him a chief or a leader at all;
primus inter pares [the first among equals] would be a more proper designation for him.”[73] In order to understand the role and prestige of the
tonowi, one must recognize two basic values of the Kapauku: an emphasis on individualism and on physical freedom. The emphasis on individualism manifested itself in several ways. For instance, a detailed system of private property rights was evident. In fact, there was absolutely no common ownership. “A house, boat, bow and arrows, field, crops, patches of second-growth forest, or even a meal shared by a family or household is always owned by one person. Individual ownership… is so extensive in the Kamu Valley that we find the virgin forests divided into tracts which belong to single individuals. Relatives, husbands and wives do not own anything in common. Even an eleven-year-old boy can own his field and his money and play the role of debtor and creditor as well.” [75]
The paramount role of individual rights also was evident in the position of the
tonowi as a person who had earned the admiration and respect of others in the society. He was typically “a healthy man in the prime of life” who had accumulated a good deal of wealth.[76] The wealth accumulated by an individual in Kapauku society almost always depended on that individual’s work effort and skill, so anyone who had acquired sufficient property to reach the status of
tonowi was generally a mature, skilled individual with considerable physical ability and intellectual experience. However, not all
tonowi achieved respect that would induce others to rely upon them for leadership. “The way in which capital is acquired and how it is used make a great difference; the natives favor rich candidates who are generous and honest. These two attributes are greatly valued by the culture.”
Generosity was a major criteria for acceptance of a particular
tonowi in a leadership role because, in large part, followers were obtained through contract. Each individual in the society could
choose to align himself with any available
tonowi and then
contract with that chosen
tonowi. Typically, followers would become debtors to a
maagodo tonowi (a “really rich man”) who was considered to be generous and honest. In exchange for the loan, the individual agreed to perform certain duties in support of the
tonowi. The followers got much more than a loan, however:
It is good for a Kapauku to have a close relative as headman because he can then depend upon his help in economic, political, and legal matters. The expectation of future favors and advantages is probably the most potent motivation for most of the headman’s followers. Strangers who know about the generosity of a headman try to please him, and people from his own political unit attend to his desires. Even individuals from neighboring confederations may yield to the wishes of a tonowi in case his help may be needed.“
Tonowi authority was given, not taken. This leadership reflected, to a great extent, an ability to ”
persuade the unit to support a man in a dispute or to fight for his cause.“[79] Thus the
tonowi position of authority was not, in any way, a position of absolute sovereignty. It was achieved through reciprocal exchange of support between a
tonowi and his followers, support that could be freely withdrawn by either party (e.g., upon payment of debt or demand for repayment).[80]
What happened if a
tonowi proved to be ineffective or dishonest in his legal role? First of all, honesty and generosity were prerequisites for a
tonowi to gather a following. However, if someone managed to do so and then proved to be a bad leader, he simply lost his following. "Passive resistance and refusal of the followers to support him is… the result of a decision [considered unjust].”[81] Clearly, change in the legal authority was possible; indeed, one purpose of the Kapauku procedure that involved articulation of relevant laws by the
tonowi was to achieve public acceptance of his ruling. As Fuller noted, one course of “the affinity between legality and justice consisted simply in the fact that a rule articulated and made known permits the public to judge its fairness.[82] The informality and contractual characteristics of Kapauku leadership led many western observers to conclude that Kapauku society lacked law, but clear evidence of rules of recognition, adjudication, and change can be demonstrated within the Kapauku’s legal system.”
—
Bruce L. Benson,
https://mises.org/library/enforcement-private-property-rights-primitive-societies-law-without-government