International records / OpenAlex research

Problemen rond recht en rechtspraak in niet-westerse samenlevingen

The transition from colonialism to pol'al independence in non-Western communities has brought into focus the dual nature of their law & legal procedure. The formal Western exterior of their legal system belies the actual functioning & interpretation of their indigenous `unwritten law,' which is intimately linked to other cultural phenomena. New Guinea exemplifies the inner legal structure of such communities. Cases are subjected to communal scrutiny & evaluation; `physical force' is replaced by soc pressure, whose psychol'al value is effective in implementing the 'law.' The native legal tradit…