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Author: Shaun Larcom
Publisher: Berghahn Books
ISBN: 1782386491
Category : Social Science
Languages : en
Pages : 188
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Book Description
Papua New Guinea’s two most powerful legal orders — customary law and state law —undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more importantly, undermining the ability of both legal orders to deter wrongdoing.
Author: Shaun Larcom
Publisher: Berghahn Books
ISBN: 1782386491
Category : Social Science
Languages : en
Pages : 188
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Book Description
Papua New Guinea’s two most powerful legal orders — customary law and state law —undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more importantly, undermining the ability of both legal orders to deter wrongdoing.
Author: Rudolph William James
Publisher:
ISBN: 9789980993748
Category : Law
Languages : en
Pages : 147
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Book Description
Author: Owen Jessep
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 210
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Book Description
Author: Bruce L. Ottley
Publisher: Carolina Academic Press LLC
ISBN: 9781531005504
Category : Law
Languages : en
Pages : 538
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Book Description
"In the waning days of colonialism in Papua New Guinea, much of the rhetoric from local leaders pushing for self-determination focused on replacing the imposed colonial legal system with one that reflected local customs, understandings, relationships, and dispute settlement techniques-in other words, a "uniquely Melanesian jurisprudence." After independence in 1975, however, that aim faded or began to be seen as an impossible objective, and PNG is left with a largely Western legal system. In this book, the authors-who were all directly involved in law teaching, law reform, and judging during that period-explore the potent and enduring grip of colonialism on law and politics long after the colonial regime has been formally disbanded. Combining original historical and legal research, engagement with the scholarly literature of dependency theory and postcolonial studies, and personal observation, interviews, and experience, Making Law in Papua New Guinea offers compelling insights into the many reasons why postcolonial nations remain imprisoned in colonial laws, institutions, and attitudes"--
Author: James F. Weiner
Publisher: ANU E Press
ISBN: 1921313277
Category : Social Science
Languages : en
Pages : 326
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Book Description
The main theme of this volume is a discussion of the ways in which legal mechanisms, such as the Land Groups Incorporation Act (1974) in PNG, and the Native Title Act (1993) in Australia, do not, as they purport, serve merely to identify and register already-existing customary indigenous landowning groups in these countries. Because the legislation is an integral part of the way in which indigenous people are defined and managed in relation to the State, it serves to elicit particular responses in landowner organisation and self-identification on the part of indigenous people. These pieces of legislation actively contour the progressive evolution of landowner social, territorial and political organisation at all levels in these nation states. The contributors to this volume provide in-depth anthropological case studies of social structural and cultural transformations engendered by the confrontation between states, developers and indigenous communities over rights to customarily owned land.
Author: Richard Scaglion
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 224
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Book Description
Author: Jennifer Corrin Care
Publisher: Psychology Press
ISBN: 1845680391
Category : Law
Languages : en
Pages : 482
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Book Description
Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
Author: Victoria C. Stead
Publisher: University of Hawaii Press
ISBN: 0824856694
Category : Social Science
Languages : en
Pages : 241
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Book Description
Across Melanesia, the ways in which people connect to land are being transformed by processes of modernization—globalization, the building of states and nations, practices and imaginaries of development, the legacies of colonialism, and the complexities of postcolonial encounters. Melanesian peoples are becoming landowners, Stead argues, both in the sense that these processes of change compel forms of property relations, and in the sense that “landowner” and “custom landowner” become identities to be wielded against the encroachment of both state and capital. In places where customary forms of land tenure have long been dominant, deeply intertwined with senses of self and relationships with others, land now becomes a crucible upon which social relations, power, and culture are reconfigured and reimagined. Employing a multi-sited ethnographic approach, Becoming Landowners explores these transformations to land and life as they unfold across two Melanesian countries. The chapters move between coasts and inland mountain ranges, between urban centers and rural villages, telling the stories of people and places who are always situated and particular but who also share powerful commonalities of experience. These include a subsistence-based community shaped by the legacies of colonialism and occupation in remote Timor-Leste, villagers in Papua New Guinea resisting a mining operation and the government agents supporting it, an urban East Timorese settlement resisting eviction by the nation-state its residents hoped would represent them in the post-independence era, and people and groups in both countries who are struggling for, with, and sometimes against the formal codification of their claims to land and place. In each of these instances, customary and modern forms of connection to land are propelled into complex and dynamic configurations, theorized here in an innovative way as entanglements of custom and modernity. Moving between multiple sites, scales, and forms of collectivity, Becoming Landowners reveals entanglements as spaces of deep ambivalence. Here, structures of power are destabilized in ways that can lend themselves to the diminishing of local autonomy in the face of the state and capital. At the same time, the destabilization of power also creates new possibilities for the reassertion of that autonomy, and of the customary forms of connection to land in which it is grounded.
Author: Anita Jowitt
Publisher: ANU E Press
ISBN: 1921666897
Category : Political Science
Languages : en
Pages : 378
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Book Description
Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.
Author: Peter Cane
Publisher: OUP Oxford
ISBN: 019163543X
Category : Law
Languages : en
Pages : 1454
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Book Description
The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.
