essay

Structural change and primitive law: consequences of a Papuan legal case

law in culture and society • Chicago • Published In 1969 • Pages: 208-229

By: Pospisil, Leopold J..

Abstract

In this article, the author documents changes in the incest law of a Kapauku lineage when its influential headman broke the taboo on intra-sib marriage by eloping with his third paternal parallel cousin. The couple escaped capital punishment by becoming fugitives. Tired of their search, the in-laws finally came to terms with the headman over the bride price, thus recognizing the union. The headman legitimized his violation of the incest taboo by changing the regulation to permit marriage among second cousins within the lineage. In addition, he divided his village into two moieties by drawing a line across which sublineages could marry. Pospisil argues that support for these changes was due to hostility among local confederacies and the need to find loyal women from within the confederacy who could not desert, keeping the bride price.

HRAF PubDate

1998

Region

Oceania

Sub Region

Melanesia

Document Type

essay

Evaluation

Creator Type

Ethnologist

Document Rating

5: Excellent Primary Data

Analyst

Ian Skoggard ; 1996

Field Date

1954-1955, 1959, 1962

Coverage Date

1935-1962

Coverage Place

Kamu Valley, central Highlands, Irian Jaya, Indonesia

Notes

Leopold Pospisil

LCCN

68008157

LCSH

Kapauku (New Guinea people)