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5 - Losing (out on) Intellectual Resources

Published online by Cambridge University Press:  08 January 2010

Marilyn Strathern
Affiliation:
University of Cambridge
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Summary

When their ‘transplant’ was terminated, the ‘root people’ on one side felt that the other side had violated their divine relationship

John Muke, paraphrased in Dorney 1997

‘Living men or women should not be allowed to be dealt with as [a] part of compensation payment under any circumstances’. The custom is ‘repugnant to the general principles of humanity’ (PNGLR 1997: 150, 151). Thus said Judge Injia in handing down his verdict on, as it was called in the local headlines, the ‘Compo girl case’. This was at the Mt. Hagen National Court in 1997; it concerned people from the Minj part of the Wahgi region, in the Western Highlands of Papua New Guinea.

The case offers an interesting comment on the role played by legal technique in the fabrication of persons and things. In some respects it rehearses issues that have long troubled anthropologists describing marriage arrangements. They include the extent to which an equation between women and wealth renders women ‘thing’-like, the locus classicus being bridewealth (bride-price) payments, which feeds an epistemological anxiety, the extent to which anthropological analysis in turn treats its subjects as less than subjects, where the locus classicus is ‘the exchange of women’. With these issues in the background, I note the role played in this case by the reference to human rights. That role assisted in the fabrication of persons; the antithesis between persons and things was never far away.

Type
Chapter
Information
Kinship, Law and the Unexpected
Relatives are Always a Surprise
, pp. 111 - 134
Publisher: Cambridge University Press
Print publication year: 2005

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