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Essay / Analysis of the article The role of custom and...
In the article “The role of custom and traditional leaders in the constitution of Yap”, Brian Tamaha explains the different traditions as well as the system legal office of Yap. Yap's constitution consists of a common legislative body (executive, judiciary) with a fourth branch dedicated solely to traditional leaders. Tradition and customs are how rules are established and respected. In every legal system, there is a set of rules that guide people on how to live. Despite all the foreign pressures faced by Yap, Yap culture has proven resilient (4). This essay will illustrate the legal system of Yap in accordance with Hart's theory of a legal system, and answer questions regarding the rule of recognition and how Yapians live by means of extreme inequality and injustice, but seem to place the tradition and custom above. Yap is a traditionally dressed state, it has undergone many changes of authorities while retaining its cultural presence. Yap is a society that has accepted the coexistence of tradition and Western life (). A dominant feature of Yap culture is this caste system, the caste system is divided into 9 sections, 4 being the lowest and 5 being the highest. The upper castes are superior to the lower castes: they must work without compensation(4) with the lower castes, in addition to living in the most productive parts of the islands. The caste system is unequal, but the Yapese are content with it because it is part of their long history of culture and customs. Yap's constitution is derived...... middle of paper ......inction to approve laws and oversee the legal system of the community. However, before these laws are recognized, they must be authorized by the chiefs whose main task, as I have stated, is that the laws conform to Yapian traditions. In answering this question, I will now begin to answer the second question, the Will Yap rule. can it fulfill the functions that a recognition rule must fulfill? This question will answer two essential elements, Hart's legal theory and Yap's traditional reliability. Hart argues that laws are certified ways of life when they are considered suitable for people; Yapians have always been under constant pressure to adapt to foreign ways of life, but tradition and constant have remained resilient. According to Hart, the rule of recognition must fulfill three functions; establish a trial for a binding law