NCJ Number
102136
Date Published
1982
Length
20 pages
Annotation
This study examines the relationship between political economies and dispute settlement forms in precolonial, colonial, and postcolonial Papua New Guinea.
Abstract
Precolonial Papua New Guinea was characterized by communal agricultural production that lacked hierarchical structure. Dispute settlement consisted of informal village gatherings in which any villager could comment on the dispute. No formal agreement between disputants emerged, as they were left free to decide whether or not to alter their behavior according to villagers' advice. The capitalist mode of production introduced under colonialism maintained much of the communal forms of agricultural production but favored colonial legal forums for dispute settlement. Although communal dispute settlement was outlawed, it persisted as an expression of villagers' communal life. Postcolonial dispute settlement has been defined under the Village Courts Act of 1973, which provides for village courts composed of magistrates selected by villagers. Village courts are expected to mediate disputes in accord with traditional customs and procedures, but the courts are more authoritarian and government controlled than precolonial dispute settlement. The capitalist political economy has also tended to produce village courts that serve the interests of the local economic and political elites. Since communal production remains dominant among villagers, they resist forms of covert control and dispute settlement forums perceived to be instruments of control for the elite.