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  • Essay / Article Review of The Role of Custom and Traditional Leaders...

    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 legal system of Yap. Yap's constitution consists of a common legislature – executive and judiciary – with a fourth branch dedicated solely to traditional leaders. Traditions and customs create rules and methods by which they are respected. According to Hart, every legal system has a set of rules telling people how to live. In the face of foreign pressures, Yap's culture has proven resilient (BRIAN, 1988). This essay will attempt to contrast and compare the legal structure of Yapes to Hart's theory of the legal system; it will answer questions regarding the Rule of Recognition and how Yapians survive in extreme inequality and injustice, but rise above it through the use of their traditions and culture. Yap is a traditionally dressed state and has undergone many changes of authorities, but still maintains it. culture and accepted the coexistence of tradition and Western life (). A dominant feature of Yap culture is the caste system; this system divides the population into nine sections, four being the lowest and five being the highest. The upper caste is superior to the lower caste and the latter owes them work without compensation (BRIAN, 1988), while living in the most productive areas of the islands. Therefore, the caste system of the Yapese promotes inequality, but they are nevertheless content with it because it is part of their history and culture. Additionally, the constitution of Yap is derived from the United States, as it has almost 13 sections identical to those in the Constitution of Yap. bill of rights. The Yapese constitution addresses the essential rights of the people as well as its structure of government...... middle of paper ...... Yapese Characteristics. Yap has always endured constant pressure to change from his traditional ways; they did, but not entirely. As Brian Tamaha stated, "For example, it might confuse someone who doesn't know them to see Yapese women with their breasts fully exposed as required by their culture, while sipping conventional drinks that conform to 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 many periods of upheaval, due to depopulation and widespread disease. Tradition is what has always remained constant throughout the existence of the Yapians. ReferencesBrain Z. Tamanaha (1988). The Role of Customary and Traditional Leaders Under the Constitution of Yap,” University of Hawaii Law Review, Vol. 10 (1988), pages. 81-104.