Pospisil, Leopold J.. Kapauku Papuans and their law

Table of Contents

Publication Information

Part One: The Kapauku World And The Individual

Introductory Statement

The Universe And Its Creator

Life Of An Individual

Part Ii: The Ijaaj-pigome Confederacy 3


The Ijaaj-pigome Confederacy



Food Quest

Social Structure

Political Structure

The Best Friend Relationship


The Sublineage

Land Ownership

Social Structure

The Village Of Botukebo


Social Structure


Political Structure

The Household


Daily Life


The Family

The Nuclear Family

The Polygynous Family


The Extended Family

Part Iii: Rules And Disputes In The Kapauku Society

Offences Against Persons


Attempted Murder

Manslaughter By Accident


Attempted Suicide



Personal Taboos.

General Taboos.


Relations Between The Sexes




Offences Against Rights In Things

Ownership Of Land

Trapping And Hunting Laws

Ownership Of Movables

Destruction Of Property

Liability For Property


Intestate Inheritance



Sales Contract

Sale Of Land.

Sale Of Crops.

Sale Of Pigs.

Sale Of Chickens And Dogs.

Sale Of Houses.

Sale Of Movables.

Agency In The Sales Contract.


Pig Breeding Contract

Land Lease


Daba Loans.

Waka Jaedai Loans.

Kadee Jamakii Loans.

Nogei Jegeka Menii Loans.

Loan Of Movables

Labor Contract


Gift Of Land.

Gift Of Movables.

Forcible Seizure Of Property

Offences Against And By An Authority

Delicts By An Authority Which Exploit His Power To Pass Decisions

Delicts Against The Power Of An Authority

Delicts Against Society

Part Iv: Kapauku Law

The Form Of Law—a Problem Of Methodology 9

The Attributes Of Law

The Attribute Of Authority

The Attribute Of Intention Of Universal Application

The Attribute Of Obligatio

The Attribute Of Sanction


Legal Levels

Legal Dynamics


The Relativity Of Law


Publication Information

Paragraph Subjects (OCM)

Publication Information


Title: Kapauku Papuans and their law

Published By: New Haven, Conn.: Published for the Dept. Anthropology, Yale University, 1958. 296 p., plates: ill., maps

By line: Leopold Pospisil

HRAF Publication Information: New Haven, Conn.: HRAF, 1998. Computer File

Culture: Kapauku (OJ29)

Subjects: Borrowing and lending (426); Inheritance (428); Termination of marriage (586); Ingroup antagonisms (578); Legal norms (671); Offenses and sanctions (680);

Abstract: This monograph, a doctoral dissertation by an anthropologist at Yale University, is an attempt to demonstrate, with the help of data from the Kapauku Papuans, the effectiveness of a theory of law formulated on the basis of a cross-cultural study of 32 societies. The monograph is divided into four parts: the first concentrates upon the Kapauku individual and his conception of the universe; the second on Kapauku society and its subgroups; the third consists of 176 decisions relating to specific disputes; while the last part tests Pospisil's theory against the background of these decisions and of the culture in general. In testing the theory of law, special attention is given to the analysis of authority and leadership.

Document Number: 1

Document ID: oj29-001

Document Type: Monograph

Language: English

Note: This is a rewrite of the author's dissertation, (Ph.D.) -- Yale University. Includes bibliographical references (p. 293-294) Material relating to the TONOWI, the PRIMUS INTER PARES of the Kapauku society, has been indexed for category 622. Material on the 'ani jokaani,' boys who come to live with a rich man to obtain from him a good education, etc. has been placed in category 736

Field Date: 1954-1955

Evaluation: Ethnologist-5

Analyst: Timothy J. O'Leary ; 1959

Coverage Date: 1948-1955

Coverage Place: Kamu Valley, central Highlands, Irian Jaya, Indonesia

LCSH: Kapauku (New Guinea people)


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