'Univesiti Fakafonua 'a Tonga -
Tonga National University
Ko e Mo’oni, Ko e Totonu mo e Tau’ataina - Truth, Justice, Freedom



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Lo bilong yumi yet = Law and custom in Melanesia / Bernard Narokobi ; editors, Ron Crocombe, John May and Paul Roche.

By: Contributor(s): Material type: TextTextSeries: Incorporating Point series ; no. 12.Publisher: Goroka, Papua New Guinea : Melanesian Institute for Pastoral and Socio-Economic Service ; [Suva, Fiji] : University of the South Pacific, 1989Description: vi, 173 pages ; 21 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 982020044X
  • 9789820200449
Other title:
  • Law and custom in Melanesia
Subject(s): DDC classification:
  • 344.95 20
  • 349.95 20
Contents:
Part I: Law and society in Melanesia: -- The Black Islands: Melanesia: Melanesian jurisprudence -- Melanesian social order -- Where do we begin? Papua New Guinea -- Some basic elements -- Part II: Law and society in modern Melanesia: -- State and its sovereign -- Separation of powers -- Equality before the law -- Ignorance of the law is no excuse -- Justice according to law -- Primacy of the written law -- Supremacy of English Common Law and Equity -- Dichotomy between criminal and civil law -- Human rights and freedoms -- Punishment for wrongs or offences not defined by written law -- The "reasonable man" test -- Finality versus open-endedness -- Legal profession and legal education
Summary: This book adds to the growing number of books by Melanesians on their region, and draws on the author's personal knowledge and experience of events that have shaped Melanesia. It is about the state of law in Papua New Guinea, and goes beyond custom to look at contemporary institutions. Custom continues to be prominent in village conflict resolution and acts like a "two-edged sword", moderating the rapidity of change and, at the same time, acting as a catalyst for change. Basic principles of English law are discussed and compared to the actual practices of law in Melanesia, and alternatives that would enable Melanesian countries to achieve a measure of harmony between classical and contemporary Melanesia are suggested"--Back cover.
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Includes bibliographical references and index.

Part I: Law and society in Melanesia: -- The Black Islands: Melanesia: Melanesian jurisprudence -- Melanesian social order -- Where do we begin? Papua New Guinea -- Some basic elements -- Part II: Law and society in modern Melanesia: -- State and its sovereign -- Separation of powers -- Equality before the law -- Ignorance of the law is no excuse -- Justice according to law -- Primacy of the written law -- Supremacy of English Common Law and Equity -- Dichotomy between criminal and civil law -- Human rights and freedoms -- Punishment for wrongs or offences not defined by written law -- The "reasonable man" test -- Finality versus open-endedness -- Legal profession and legal education

This book adds to the growing number of books by Melanesians on their region, and draws on the author's personal knowledge and experience of events that have shaped Melanesia. It is about the state of law in Papua New Guinea, and goes beyond custom to look at contemporary institutions. Custom continues to be prominent in village conflict resolution and acts like a "two-edged sword", moderating the rapidity of change and, at the same time, acting as a catalyst for change. Basic principles of English law are discussed and compared to the actual practices of law in Melanesia, and alternatives that would enable Melanesian countries to achieve a measure of harmony between classical and contemporary Melanesia are suggested"--Back cover.

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