TY - JOUR
T1 - The role of third parties in norm enforcement in customary courts among the Enga of Papua New Guinea
AU - Wiessner, Polly
N1 - Funding Information:
I thank my colleagues Nitze Pupu, Larsen Kyalae, Anton Yongapen, Akii Tumu, Lelyame Yoane, Persone Munini, Philip Maso, Dien Pupu, Bruce Yaka, and Nathan Larsen who helped with data collection and discussion of cases. Thanks also to Scott Collins and particularly, Jen Ferrell for sustained effort in assisting with data entry for very complex cases. Many VC and OMS magistrates and elders took days of their time to assist us with gathering information or explaining their decisions. The Enga Provincial Government offered continued generous support by providing salaries and transport for some of the team members; I am grateful for their sustained interest. The Tradition and Transition Fund provided office resources for the past 12 years. Research costs from October 2019 until present have been provided by NSF Award 1917824 (Restorative Justice among the Enga of Papua New Guinea: Adapting to a Changing World).
Publisher Copyright:
© 2020 National Academy of Sciences. All rights reserved.
PY - 2020/12/22
Y1 - 2020/12/22
N2 - Cultural norms are key to cooperation in human societies. How they are regulated, maintained, and adapted to the change remains a matter of debate. Humans have dispositions for both retributive and restorative justice; recent focus has been on third-party punishment, punitive sanctions by those not directly harmed, as key for norm enforcement. However, punishment does not engage the essential proficiencies and emotions critical to cooperation in smallscale societies with high dependence on collective action, sharing, and exchange. Third-party participation in norm enforcement is examined with data from a 10-y study among the Enga of Papua New Guinea. The Enga have a plural justice system with formal courts practicing retributive justice and customary courts applying restorative measures. Most cases are brought to customary courts. Drawing on observations from 333 village customary court cases concerning assault, marriage, land, and property violations, third-party engagement outside of and during customary court hearings is analyzed. Results show that all sides are heard, restoration is prioritized, and third-party punishment is rare; rather, third parties help with compensation to reintegrate wrongdoers and resolve conflicts. Repeated offenders and free riders receive ever less community support. Third parties contribute substantially both during and outside of customary court sessions to help kin, pursue economic agendas, or gain reputation. They also act generously to build a strong community. Emphasis is on amends to the victim for fairness, not punishment of the offender. Broad third-party participation is maintained throughout times of rapid change to adapt while supporting essential structures of society.
AB - Cultural norms are key to cooperation in human societies. How they are regulated, maintained, and adapted to the change remains a matter of debate. Humans have dispositions for both retributive and restorative justice; recent focus has been on third-party punishment, punitive sanctions by those not directly harmed, as key for norm enforcement. However, punishment does not engage the essential proficiencies and emotions critical to cooperation in smallscale societies with high dependence on collective action, sharing, and exchange. Third-party participation in norm enforcement is examined with data from a 10-y study among the Enga of Papua New Guinea. The Enga have a plural justice system with formal courts practicing retributive justice and customary courts applying restorative measures. Most cases are brought to customary courts. Drawing on observations from 333 village customary court cases concerning assault, marriage, land, and property violations, third-party engagement outside of and during customary court hearings is analyzed. Results show that all sides are heard, restoration is prioritized, and third-party punishment is rare; rather, third parties help with compensation to reintegrate wrongdoers and resolve conflicts. Repeated offenders and free riders receive ever less community support. Third parties contribute substantially both during and outside of customary court sessions to help kin, pursue economic agendas, or gain reputation. They also act generously to build a strong community. Emphasis is on amends to the victim for fairness, not punishment of the offender. Broad third-party participation is maintained throughout times of rapid change to adapt while supporting essential structures of society.
KW - Customary courts
KW - Enga of Papua New Guinea
KW - Legal pluralism
KW - Restorative justice
KW - Third-party norm regulation
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U2 - 10.1073/pnas.2014759117
DO - 10.1073/pnas.2014759117
M3 - Article
C2 - 33288714
AN - SCOPUS:85098148765
SN - 0027-8424
VL - 117
SP - 32320
EP - 32328
JO - Proceedings of the National Academy of Sciences of the United States of America
JF - Proceedings of the National Academy of Sciences of the United States of America
IS - 51
ER -