Topic > Analysis of the article The role of customs and...

In the article “The role of customs and traditional leaders under the Yap constitution”, Brian Tamaha explains the various traditions as well as the legal system of Yap. Yap's constitution consists of a common legislative body (executive, judiciary) with a fourth branch dedicated exclusively to traditional leaders. Tradition and customs represent how rules are established and how they are respected, in every legal system there is a set of rules that direct people on how to live. Despite all the external pressures Yap has experienced, its culture has proven resilient (4). This essay will illustrate the Yap legal system in accordance with Hart's theory of a legal system and answer questions regarding the rule of recognition and how the Yapese live life by means of extreme inequality and injustice, but seem to put tradition and custom above it. Yap is a traditionally dressed state, has undergone numerous changes in authority but has still maintained its cultural presence. Yap is a society that has accepted the coexistence of tradition and Western life (). A dominant feature in Yap culture is the caste system, the caste system is divided into 9 sections, 4 are the lowest and 5 are the highest. The high castes are superior to the low ones, they receive labor from the lower castes without compensation(4) as well as living in the most productive areas of the islands. The caste system is unequal, but the Yapesi are happy with it as it is part of their long history of culture and customs. Yap's constitution derives...... half of the document......ntion of passing laws and overseeing the community's legal system. However, before these laws are recognized, they must be authorized by the chiefs whose main task, as I have stated, is that the laws are consistent with Yapese traditions. Answering this question, I will now begin to answer the second question, the Will Yap rule. of recognition is capable of carrying out the functions that a recognition rule must perform? This question will answer two crucial components, Hart's legal theory and Yap's traditional reliability. Hart argues that laws are certified ways of life when considered suitable for people's lives; the Yapese have always faced constant pressure to adapt to foreign ways of life, but the tradition and the constant have remained resilient. According to Hart, the recognition rule must fulfill three functions; establish a process for binding law