Abstract
This article outlines the legal arrangements in the Kieta District of Bougainville in relation to the sanctioning of wrongs. It is shown that the state recognises customary law, with its very different processes and sanctions, as a valid substitute for its own and how such arrangements developed. Importantly, this article provides an example of legal re-ordering where the state allows customary law the first opportunity to sanction a wrong, rather than attempting to incorporate substantive customary laws into the state criminal law as under state legal pluralism. It is shown that this approach is brought about through a change in the process and highlights the importance of the gatekeeper role between differing legal orders. It is also shown that this change in the process may ameliorate the more problematic interactions of customary law and state law in Melanesia.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
