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Anaylsis Of The Article The Role Of Custom And Traditional Leaders Under The Yap Constitution By Brian Tamaha

703 words - 3 pages

In the article “The role of custom and traditional leaders under the Yap constitution”, Brian Tamaha explains the various traditions as well as the Yap legal system. The constitution of Yap consists of a common legislature (executive, judiciary) with a fourth branch dedicated solely for traditional leaders. Tradition and customs are how rules are made and how there abided by, in every legal system, there is a set or rules which direct people on how to live. Despite all the foreign pressure Yap has been through, Yaps culture has proved resilient (4). This essay will illustrate Yap’s legal system with accordance to Hart’s theory of a legal system, and will answer questions concerning the rule of recognition and how the Yapese live life on means of extreme inequality and injustice, but seem to put tradition and custom above it.
Yap is a traditionally garbed state, it sustained numerous changes of authorities yet it still maintained it cultural presence. Yap is a society that has accepted the coexistence of tradition and western living (). A dominant feature in Yap culture is that caste system, the caste system is divided into 9 sections, 4 being the lowest and 5 the highest. The high caste are superior to the low caste they are owed labor from the lower caste without compensation(4) in addition to living in the most productive sections of the islands. The caste system is unequal, but the Yapese is content with it as it’s a part of their long history of culture and customs. Yap’s constitution is derived from the United States; it has almost 13 identical sections as the bill of rights. Yap’s constitution addresses essential rights of the people as well as the structure of government. Government structure in Yap is identical to almost any democratic country, but it also includes a council composed of traditional leaders whose main purpose is to enact laws that must be consistent with traditions.
With that being said, I will begin to answer the first...

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