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Paper Short Abstract:

My paper will discuss how the lived role village courts magistrates take in Duau, Papua New Guinea extend far beyond those assigned to them by the state. They act in a manner analogous to prestigious kula players, serving as intermediaries that connect local villagers to powerful state actors.

Paper Abstract:

My paper will discuss discrepancies between the stated goal of Papua New Guinea’s (PNG) Village Courts Act, and the actual duties of the local legal experts it creates. This policy began as an effort to make space for the varied ‘customary laws’ of PNG’s diverse communities, recruiting its magistrates from knowledgeable locals. They are instructed to only hear mediations and hold court on matters that fall within the jurisdiction of customary law. My participants in Duau interpret the responsibilities of its magistrates far more broadly, using them as intermediaries who connect their community to the external world of government and business. For instance, if someone needs to relay a message to the police or any other government organisation, they will go to the magistrate who will help craft a letter. They even assist in communications with non-governmental entities, such as gold buyers who have business deals with local villagers. These unofficial secondary duties present magistrates in a manner that is analogous to senior participants in kula exchange. Kula elders make connections with other islands; magistrates do so for government.

Through this example my paper will demonstrate the potential transformations of policy as it is transmitted from the national level to be implemented as law in rural peripheries. It will argue that far from law and its professionals being the instrument through which policy is enforced in a top-down manner, Duau magistrates are highly pragmatic actors (Demian 2023), who include within their duties those of analogous customary roles.