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 The main body of the Publication Information page contains all the metadata that HRAF holds for that document.

Author: Author's name as listed in Library of Congress records

Title: Kapauku Papuans and their law

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

By line: Author's name as appearing in the actual publication Leopold Pospisil

HRAF Publication Information: New Haven, Conn.: Human Relations Area Files, 1998. Computer File

Culture: Culture name from the Outline of World Cultures (OWC) with the alphanumberic OWC identifier in parenthesis. Kapauku (OJ29)

Subjects: Document-level OCM identifiers given by the anthropology subject indexers at HRAF Borrowing and lending (426); Inheritance (428); Termination of marriage (586); Ingroup antagonisms (578); Legal norms (671); Offenses and sanctions (680);

Abstract: Brief abstract written by HRAF anthropologists who have done the subject indexing for the document 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: HRAF's in-house numbering system derived from the processing order of documents 1

Document ID: HRAF's unique document identifier. The first part is the OWC identifier and the second part is the document number in three digits. oj29-001

Document Type: May include journal articles, essays, collections of essays, monographs or chapters/parts of monographs. Monograph

Language: Language that the document is written in 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 Community Heads (622). Material on the 'ani jokaani,' boys who come to live with a rich man to obtain from him a good education, etc. is indexed for Dependency. (736).

Field Date: The date the researcher conducted the fieldwork or archival research that produced the document 1954-1955

Evaluation: In this alphanumeric code, the first part designates the type of person writing the document, e.g. Ethnographer, Missionary, Archaeologist, Folklorist, Linguist, Indigene, and so on. The second part is 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 Ethnologist-5

Analyst: The HRAF anthropologist who subject indexed the document and prepared other materials for the eHRAF culture/tradition collection. Timothy J. O'Leary ; 1959

Coverage Date: The date or dates that the information in the document pertains to (often not the same as the field date). 1948-1955

Coverage Place: Location 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

LCSH: Library of Congress Subject Headings Kapauku (New Guinea people)


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