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)