Suchergebnisse

The introduction of village courts in Papua New Guinea in 1975
was an ambitious experiment in providing semi-formal legal access to the
country's overwhelmingly rural population. Nearly 50 years later, the
enthusiastic adoption of these courts has had a number of ramifications, some of
them unanticipated. Arguably, the village courts have developed and are working
exactly as they were supposed to do, adapted by local communities to modes and
styles consistent with their own dispute management sensibilities. But with
little in the way of state oversight or support, most village courts have
become, of necessity, nearly autonomous. Village courts have also become the
blueprint for other modes of dispute management. They overlap with other sources
of authority, so the line between what does and does not constitute a
'court' is now indistinct in many parts of the country. Rather than casting
this issue as a problem for legal development, the contributors to Grassroots
Law in Papua New Guineaask how, under conditions of state withdrawal, people
seek to retain an understanding of law that holds out some promise of either
keeping the attention of the state or reproducing the state's authority.

This article approaches the relationship between the categories of custom and law by means of an experiment with cartographic metaphors of scale and location. In Papua New Guinea, the relationship of custom to law is configured by the canonization of custom (the concept as it is known in studies of legal pluralism) in the Constitution of the Independent State of Papua New Guinea and in the Underlying Law Act 2000. However, the status of this universalizing category is complicated by its relationship to the putatively local category of kastom, as it is known throughout Papua New Guinea. I argue that the two categories, custom and kastom, do not share an equivalent relationship to law because they occupy different levels of scale. In the discourses of legal elites, custom encompasses kastom. Whereas for many "smaller‐scale" ethnic and language groups within the country, kastom and law are simply two potential categories of efficacious action, among many others, in highly specific and localized "mixes." These mixes lose their intelligibility when elites attempt to replicate them at the level of the state.

AbstractThe Constitution of Papua New Guinea (PNG) features a peculiar artifact of colonial-era law known as a repugnancy clause. This type of clause, used elsewhere as a neutral mechanism to identify conflicts between legal provisions, has in PNG become a tool for the moral-aesthetic evaluation of "customary law." In this article, I follow the history of the PNG repugnancy clause from its colonial origins and through the relevant case law since the country's independence in order to ask both how the clause acquired its non-legal meaning through legal usage, and why it has been retained in its original form in PNG when so many postcolonial legal regimes have discarded it. Comparative material from Indonesia, sub-Saharan Africa, and especially Australia is used to contextualize the durability of the PNG repugnancy clause, and theoretical material on the affect of disgust and shame is brought to bear in order to understand the use of repugnancy in its moral-aesthetic sense. The article concludes with a meditation on the way the repugnancy clause has enabled the judiciary of PNG to distance the law of the country not simply from an uneducated or inadequately Christian general populace, but also from a history in which all Papua New Guineans were regarded as a contaminating threat to the European colonizers whose legal system the country has inherited.

ABSTRACT The "cultural defense" in criminal law presents anthropologists with an instance of culture being used as a particular sort of tool, in this case, a tool for revealing the intentions of a defendant. In deploying culture instrumentally, courts in the United States and the United Kingdom constitute their other instruments and indeed their own environments as noncultural. By comparison, courts in Papua New Guinea do not use culture as a means of discovering intentions; indeed, it can be argued that although "custom" is enshrined in the Constitutional law of the country, "culture" hardly appears at all in Papua New Guinean arguments. Case material from the three legal settings illustrates that far from offering a recognition of culture, the cultural defense acts to limit the culture concept to the status of one diagnostic mechanism among other, noncultural ones.

After more than twenty‐five years on the legal landscape of Papua New Guinea, 'customary law' is ripe for reassessment, particularly as it appears to be an ideal mechanism with which the Papua New Guinean state can meet some of its obligations to a burgeoning body of international law. This article addresses the need to understand customary law in the context of its varying usage across different legal domains in an archetypally pluralistic state. In contrast to older approaches focusing on the problematic interface between an exogenous legal system and indigenous methods of dispute settlement, my concern is with the ways in which these distinct legal forms have fared in each other's company since independence in 1975. Case‐studies from a village court and an urban national court demonstrate that village court magistrates and high court judges alike use custom and law as strategic sources of authority. While village courts take custom for granted and therefore must 'discover' law, high courts take law for granted and must 'discover' custom. These processes indicate that, rather than being hybridized as 'customary law', the distinctiveness of custom and law are often maintained in order for one to appear as a resource upon which the other can draw.

This article employs a consideration of Peter Fitzpatrick's early work in Papua New Guinea to reflect on legal and social developments in the country since his residence there during the independence period. In particular, Fitzpatrick's concerns about the emergence of a Papua New Guinean bourgeois legality that would shape the postcolony are shown to have been prescient in some respects, and also to have had other outcomes unanticipated by the Marxist legal and anthropological imagination of the 1970s. Finally, I use examples from the heterogeneous lawscape of Papua New Guinean cities to illustrate how the 'true people's law' envisioned by Fitzpatrick is in the process of emerging in spaces outside of formal legislative or court processes. ; Publisher PDF ; Peer reviewed

"This book explores the role and implications of responsibility for anthropology, asking how responsibility is recognised and invoked in the world, what relations it draws upon, and how it comes to define notions of the person, institutional practices, ways of knowing and modes of evaluation. The category of responsibility has a long genealogy within the discipline of anthropology and it surfaces in contemporary debates as well as in anthropologists' collaboration with other disciplines, including when anthropology is applied in fields such as development, medicine, and humanitarian response. As a category that unsettles, challenges and critically engages with political, ethical and epistemological questions, responsibility is central to anthropological theory, ethnographic practice, collaborative research, and applied engagement. With chapters focused on a variety of cultural contexts, this volume considers how anthropology can contribute to a better understanding of responsibility, including the 'responsibility of anthropology' and the responsibility of anthropologists to specific others"--

Human biological fertility was considered a important issue to anthropologists and colonial administrators in the first part of the 20th century, as a dramatic decline in population was observed in many regions. However, the total demise of Melanesian populations predicted by some never happened; on the contrary, a rapid population increase took place for the second part of the 20th century. This volume explores relationships between human fertility and reproduction, subsistence systems, the symbolic use of ideas of fertility and reproduction in linking landscape to individuals and populations, in Melanesian societies, past and present. It thus offers an important contribution to our understanding of the implications of social and economic change for reproduction and fertility in the broadest sense