Against our will: Men, women, and rape

ed, and disembodied one that was written (159, 160, 162). One of the recurring themes in the expansion of European colonial control through law was the surveillance exerted over sexual relationships (65). Mixed-union children challenged the boundaries drawn between colonizer and colonized and were frequently discouraged by anti-miscegenation laws (249). In order to control a subordinate group, it was essential to control women as well. Indeed, fear of sexual assault on the women of the dominant group by subordinated men was often mobilized to restrict the activities of these women and to justify policing the men (36, 98, 249). The judicial/policing apparatus was therefore a critical institution for constructing and maintaining the boundary between the colonial overlords and their subjects and was used to control sexuality and its disruptive influences. As Cooper & Stoler point out, imperial thinkers were preoccupied with the relations between subversion and sex (65:614). One contemporary manifestation of neo-colonialism is tourism, in which formerly colonial nationals reconstitute their formerly colonized subjects as "primitive" or "exotic" objects of investigation (165). The tourist's gaze constructs a world that the tourist imagines (262). This is a transnational phenomenon of increasing significance economically, culturally, and legally. The This content downloaded from 207.46.13.159 on Sun, 23 Oct 2016 05:01:04 UTC All use subject to http://about.jstor.org/terms

Anthropology, Law and Transnational Processes

Why Do Some Men Use Violence Against Women and How Can We Prevent It? Quantitative Findings from the United Nations Multi-country Study on Men and Violence in Asia and the Pacific

International policy is currently witnessing a renewed interest in customary tenure systems as well as traditional leadership, through which it aims to enhance the efficiency of local governance and create general access to and secure rights in land. Contrary to these ideas, practice reveals a lack of security of customary tenure in areas with a high competition for land. Mounting evidence displays that customary systems often evolve inequitably and that traditional elites benefit disproportionally from commodification of land. In an effort to understand customary land management by traditional authorities and the role policymakers, lawmakers, judges and civil servants play in this process, this book studies practices of land management in peri-urban Ghana where traditional leadership forms a vibrant part of social life. This book combines local case studies with theories about efficient land management, the resilience of traditional leadership, the negotiability of customary law and the gap between judges' customary law and local practices. Doing so, it offers a unique body of empirical and theoretical knowledge for those interested in customary land management, as well as those interested in how customary law functions both at the local level and at the level of the state

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In the land of the chiefs : customary law, land conflicts, and the role of the state in Peri-Urban Ghana

A Bird That Flies with Two Wings: The Kastom and State Justice Systems in Vanuatu

It was hoped that the common law of Papua New Guinea would quickly develop. Unfortunately, this has not happened. The judges have moved very slowly, preferring to re-adopt preIndependence legal rules or the English common law rules than to develop new rules to suit conditions in our country. … The blame does not lie entirely with the judges, however. There is very little evidence that the profession is persuading the judges to consider developing new legal rules …. We consider that if the mode of declaring and developing the underlying law was re-stated in a way that requires the profession and the judges to consider customary law and to consider if it meets the needs and aspirations of the people, then a new common law of Papua New Guinea would begin to develop. (Papua New Guinea Law Reform Commission 1977: 10)

Legislating Pluralism: Statutory ‘Developments’ in Melanesian Customary Law

Criminal law in Papua New Guinea: code, custom and the courts in conflict

Customary Law in the Papua New Guinea Village Courts

This article examines the problems surrounding the application of customary law in the formal courts of Solomon Islands. Commencing with a brief explanation of the status of customary law, it considers the vexed question of proof, in the context of decided cases. It also analyses three Solomon Islands Acts relevant to proving customary law: the Wills, Probate and Administration Act 1987, the Solomon Islands National Provident Fund Act 1973 and the Customs Recognition Act 2000. The article then considers the future of customary law in the formal courts of Solomon Islands.

Jean G. Zorn

Papers

Legislating Pluralism: Statutory ‘Developments’ in Melanesian Customary Law

Criminal law in Papua New Guinea: code, custom and the courts in conflict

Customary Law in the Papua New Guinea Village Courts

Legislating for the Application of Customary Law in Solomon Islands

Proving customary law in the common law courts of the South Pacific