An example of non-exclusive land ownership that has been described in detail is the !Kung hunter-gatherers (Plate 6) of the Nyae Nyae area of the Kalahari Desert. When studied in the 1950s, they consisted of 19 bands, containing between 8 and 42 people per band, each band with its own “territory” (termed a n!ore) of between about 100 and 250 square miles in area. But boundaries between n!ores were vague: as anthropologists and !Kung informants walked together from the informants’ camp towards the next n!ore, the informants became increasingly uncertain, or disagreed increasingly with each other, about which n!ore they were now in, the further they got from the center of their n!ore. There were no watch-towers or ridge-line trails to mark n!ore boundaries.
!Kung n!ores are occupied non-exclusively because it is both necessary and possible to share n!ores’ resources. Resource sharing is necessary because water in the Kalahari Desert is scarce, and each band needs to spend much of its time near a waterhole. But there is unpredictable variation in rainfall between years. Many waterholes in the area go dry in the dry season. Only 2 waterholes in the area never failed during the period studied; 3 more were usually available throughout the year but failed in some years; 5 more lasted only occasionally through the dry season; and 50 were seasonal and always went dry for part of the year. Hence in the dry season, up to 200 people from various bands gather at a permanent waterhole with the permission of its owners, who in turn are permitted to visit and use resources of other n!ores when those are abundant. Thus, water considerations require the !Kung to have non-exclusive territories: it would be pointless to claim exclusive use of an area if that area might run out of water and thus become useless. Conversely, the seasonal superabundance of some resources permits non-exclusivity: it is pointless to offend potentially useful allies by keeping them out of your territory at a time when it is producing far more food than you yourself can eat. That’s especially true of the food staple of mongongo nuts seasonally available in enormous crops, and it’s also true of seasonal crops of wild beans and melons.
Supposedly, anyone from any band in the Nyae Nyae area can hunt anywhere, including outside of his own band’s n!ore. However, if you kill an animal outside your n!ore, you should give a present of its meat if you then encounter a member of the band owning that n!ore. But that freedom of access for hunting doesn’t apply to !Kung hunters from more distant areas. More generally, neighboring !Kung bands can readily obtain permission to use each other’s n!ore for other purposes as well, such as obtaining water, nuts, beans, and melons—but they must first ask for permission, and they incur an obligation to reciprocate later by permitting the hosts to visit the visitors’ n!ore. Fighting is likely to break out if they don’t ask for permission. More distant bands have to be especially careful in requesting permission, and should limit the length of their visit and the number of people visiting. Outsiders who have no recognized connection by blood or marriage to the n!ore’s owners cannot visit at all. Thus, non-exclusive territories certainly don’t mean a free-for-all.
Rights to use land and resources, whether exclusively or non-exclusively, imply the concept of ownership. Who owns the n!ore of a !Kung band? The answer is: the band’s k’ausi, meaning a core group of older people or else one older person descended from the people who have lived in that area for the longest time. But band composition is fluid and changes from day to day, because people often go visit relatives in other n!ores, people make seasonal visits to other n!ores for waterholes or for superabundant food, some people shift bands permanently for various reasons, and a new bridegroom plus his dependents (his old parents, and his first wife and children if he is now taking a second wife) may live with his new wife’s band for about a decade until he and his new wife have given birth to several children. As a result, many !Kung spend more time outside than inside their n!ore. In an average year 13% of the population shifts residence permanently from one camp to another, and 35% of the population is dividing its residential time equally between two or three camps. Under those circumstances the band in the neighboring n!ore consists partly of your own people; they’re not evil subhumans with whom the only inter-group transfers are just two intermarriages over the course of several generations, as in the case of my New Guinea mountain friends. You’re not going to take a hard-line exclusive approach to your resources when many of the “intruders” are actually your siblings and cousins, your adult children, and your aged parents.
Another interesting illustration of non-exclusive territories involves North America’s Great Basin Shoshone, Native Americans belonging to the same language group as the Owens Valley Shoshone whom I already mentioned as illustrating exclusive territories. Their Great Basin cousins differed in land use because of differences between the environments. Whereas Owens Valley land was well watered, suitable for irrigation, and worth defending, the Great Basin is a harsh dry desert, very cold in the winter, with sparse and unpredictable resources and little opportunity for food storage. Human population densities in the Great Basin were only about one person every 16 square miles. The Great Basin Shoshone lived in separate families for much of the year, aggregating in the winter into camps of 5 or 10 families near springs and pine nut groves, and infrequently aggregating into larger groups of up to 15 families for communal hunts of antelopes and rabbits. They did not maintain well-marked territories. Instead, individual families owned specific sites such as pine groves, which could be shared with other families but only by agreement: trespassers who attempted to harvest pine nuts without an agreement were driven off by a barrage of stones. Other plant and animal resources were shared under flexible non-exclusive rights.
Finally, a minimum in recognizing and patrolling territories was achieved by Peru’s Machiguenga Indians and Bolivia’s Siriono Indians in tropical forested areas. At the times that those groups were studied by anthropologists, the Machiguenga were gardeners living at only modest population densities, possibly because a previously denser population had crashed from effects of European-introduced diseases or else killings during the rubber boom, and also because agriculture in their area offered only low yields. The Machiguenga undertook seasonal movements for wild foods and cleared slash-and-burn gardens that produced food for just a few years and weren’t worth fighting over. There were no territories: in theory all resources of all forests and rivers were open to all Machiguengas. In practice, multi-family groups maintained some distance from each other’s home ranges. Similarly, the Siriono Indians studied by Allan Holmberg lived by hunting-gathering and some casual agriculture in bands of 60 to 80 people possessing no defined territories. But if one band came across hunting tracks made by another band, it chose not to hunt in that other band’s area. That is, there was informal mutual avoidance.
Thus, traditional land use ranged over a spectrum, from well-marked territories that were patrolled and defended and from which outsiders were excluded on pain of death, through fuzzy home ranges without clear boundaries and which outsiders could use by mutual agreement, to home areas kept separate just by informal mutual avoidance. No traditional society tolerated the relatively open access enjoyed by modern Americans or European Union citizens, most of whom can travel anywhere within the U.S. or European Union and can travel in many other countries as well merely by presenting a valid passport and visa to a border passport control officer. (Of course the September 11, 2001, World Trade Center attack has pushed Americans back towards a traditional suspicion of strangers and has resulted in restrictions on free travel, such as no-fly lists and airport security checks.) But one could also argue that our modern system of relatively open access is an upscale extension of traditional access rights and restrictions. Traditional peoples, living in societies of a few hundred individuals, obtain access to others’ lands by being known individually, by having individual relationships there, and by asking permission individually. In our societies of hundreds of millions, our definition of “relationship” is extended to any citizen of our state or of a friendly state, and the asking of permission is formalized and granted en masse by means of passports and visas.