essay

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

Law in culture and societyChicagoPublished In 1969 • Pages: 208-229

By: Pospisil, Leopold J..

AbstractBrief abstract written by HRAF anthropologists who have done the subject indexing for the document
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.
SubjectsDocument-level OCM identifiers given by the anthropology subject indexers at HRAF
Regulation of marriage
Mode of marriage
Clans
Community heads
Sex and marital offenses
Kinship regulation of sex
cultureCulture name from the Outline of World Cultures (OWC)
Kapauku
HRAF PubDateThe date HRAF published the document
1998
RegionThe area the document pertains to
Oceania
Sub RegionThe more specific area the document pertains to, which is located within the Region
Melanesia
Document TypeMay include journal articles, essays, collections of essays, monographs, or chapters/parts of monographs
essay
Evaluation
Creator TypeThe type of person writing the document, e.g. Ethnographer, Missionary, Archaeologist, Folklorist, Linguist, Indigenous Person, and so on.
Ethnologist
Document Rating A ranking done by HRAF anthropologists based on the strength of the source material on a scale of 1 to 5, as follows: 1 - poor; 2 - fair; 3 - good, useful data, but not uniformly excellent; 4 - excellent secondary data; 5 - excellent primary data.
5: Excellent Primary Data
AnalystThe HRAF anthropologist who subject indexed the document and prepared other materials for the eHRAF culture/tradition collection
Ian Skoggard ; 1996
Field DateThe date the researcher conducted the fieldwork or archival research that produced the document
1954-1955, 1959, 1962
Coverage DateThe date or dates that the information in the document pertains to
1935-1962
Coverage PlaceLocation of the research culture or tradition (often a smaller unit such as a band, community, or archaeological site)
Kamu Valley, central Highlands, Irian Jaya, Indonesia
NotesAdditional notes
Leopold Pospisil
LCCNLibrary of Congress Control Number
68008157
LCSHLibrary of Congress Subject Headings
Kapauku (New Guinea people)