In the article “The role of customs and traditional leaders under the Yap constitution”, Brian Tamaha explains the various traditions and legal system of Yap . Yap's constitution consists of a common legislative body – executive and judiciary – with a fourth branch dedicated exclusively to traditional leaders. Traditions and customs create the rules and methods to respect them. According to Hart, every legal system has a set of rules that direct people how to live. Despite foreign pressure, Yap culture has proven resilient (BRIAN, 1988). This essay will attempt to contrast and compare the Yapese legal structure with Hart's theory of a legal system; will answer questions regarding the rule of recognition and how the Yapese survive under conditions of extreme inequality and injustice, but rise above it through the use of their traditions and culture. Yap is a traditionally dressed state and has supported numerous changes in authority, but still maintains its culture and has accepted the coexistence of tradition and Western living (). A dominant feature in Yap culture is the caste system; this system divides the population into nine sections, four the lowest and five the highest. The high caste is superior to the low caste and receives work from the latter without compensation (BRIAN, 1988), despite living in the most productive areas of the islands. Therefore, the Yapesi's caste system promotes inequality, but they are still happy with it since it is part of their history and culture. Furthermore, Yap's constitution is derived from the United States, as it has almost 13 sections identical to that of the Constitution. bill of rights. The Yapese Constitution addresses the essential rights of the people as well as their governance structure. they did, but not quite. As Brian Tamaha stated, “For example, it might be confusing to someone who doesn't know them to see Yapese women with their breasts fully exposed as their culture requires, while they sip conventional beverages that are consistent with a Western life” (Brain, 1988). The Yap have learned to accept the Western way of life in accordance with their supreme obligation to tradition. The Yapese have endured numerous periods of upheaval due to depopulation and the spread of disease. Tradition is what has always remained constant throughout Yapese existence. References Brain Z. Tamanaha (1988). The Role of Customs and Traditional Leaders under the Yap Constitution” University of Hawaii Law Review, vol. 10 (1988), pp. 81-104.
tags