Legal Dissonance : The Interaction of Criminal Law and Customary Law in Papua New Guinea

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. Papua New Guinea's Two Most Powerful Legal Orders -- Customary Law And State Law -- [each] Undermine The Other In Criminal Matters. This Phenomenon, Called Legal Dissonance, Can Help Explain The Low Level Of Personal Security Found In Many Parts Of The Country. It Is Shown 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 A Legal Phenomenon. Legal Dissonance Can Lead To An Activity Being Simultaneously Advanced By One Legal Order And Punished By The Other, Leading To Injustice, And, Perhaps More Importantly, An Undermining Of Each Legal Order's Ability To Deter Wrongdoing-- Introduction: Papua New Guinea, Legal Pluralism, And Law And Economics -- Customary Law And The State Criminal Law -- Historical Overview Of The State, Criminal Law And Customary Law -- Empirical Study Of The Sanction Of Wrongs In The New Guinea Islands -- Legal Dissonance In Papua New Guinea -- Past Reforms That Failed -- Conclusion: Reforming The Prosecution Process. Shaun Larcom. Includes Bibliographical References (pages 163-174) And Index. "Papua New Guinea's two most powerful legal orders -- customary law and state law -- [each] undermine the other in criminal matters. This phenomenon, called legal dissonance, can help explain the low level of personal security found in many parts of the country. It is shown 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 a legal phenomenon. Legal dissonance can lead to an activity being simultaneously advanced by one legal order and punished by the other, leading to injustice, and, perhaps more importantly, an undermining of each legal order's ability to deter wrongdoing"-- Provided by publisher Contents Illustrations Acknowledgements Introduction Papua New Guinea, Legal Pluralism, and Law and Economics Chapter 1 Customary Law and the State Criminal Law Chapter 2 Historical Overview of the State, Criminal Law and Customary Law Chapter 3 Empirical Study of the Sanction of Wrongs in the New Guinea Islands Chapter 4 Legal Dissonance in Papua New Guinea Chapter 5 Past Reforms that Failed Conclusion Reforming the Prosecution Process References Index