article
Modern and traditional administration of justice in New Guinea
Journal of legal pluralism and unofficial law • (19) • Published In 1981 • Pages: 93-116
By: Pospisil, Leopold J..
Abstract
This study describes the change in the Kapauku political and legal system under colonial administration. Prior to contact, the Kapauku political system was based on kinship organization, contractual agreements and achieved status. The Kapauku headman gained authority through his wealth and generosity, creating a retinue of dependents. Turnover was common as younger and more hard working men came to prominence. The headman was also a legal authority, adjuticating cases based on Kapauku legal codes and precendent. The Dutch imposed a territorial-based political system selecting for each village permanent headmen who had no traditional support. They also imposed a legalistic system of justice in which cases were judged only according to legal codes and imprisonment replaced traditional forms of economic sanctions. Pospisil argues that the 'civilization' of the Kapauku contradicts the expected theoretical cultural transformation from one of status to contract and from punitive law to restitution.
- HRAF PubDate
- 1998
- Region
- Oceania
- Sub Region
- Melanesia
- Document Type
- article
- Evaluation
- Creator Type
- Ethnologist
- Document Rating
- 5: Excellent Primary Data
- Analyst
- Ian Skoggard ; 1996
- Field Date
- 1954-1955, 1959, 1962, 1975, 1979
- Coverage Date
- 1954-1979
- Coverage Place
- Kamu Valley, central Highlands, Irian Jaya, Indonesia
- Notes
- Leopold Pospisil
- LCCN
- 82643292
- LCSH
- Kapauku (New Guinea people)