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 deriv...
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...nction of endorsing laws and overseeing the legal system of the community. However, before these laws gain recognition, they must be authorized by the chiefs whose main task like I affirmed is for laws to be constant with the Yapese traditions.
By answering this question, I will now begin to answer the second question, Will Yap’s rule of recognition be able to carry out the functions that a rule of recognition must serve? This question will rejoinder two critical components, Hart’s legal theory and is Yap’s tradition reliability. Hart argues that laws are certified ways of life when considered suitable for people to live by; the Yapese have always underwent constant pressure to adapt to foreign ways of life, but tradition and constant remained resistant.
According to Hart the rule of recognition must fulfill three functions; to establish a trial for binding law
The two forms of traditional Aboriginal law were ‘sacred’ and ‘secular’ laws. Sacred laws were entrusted to the elders, teaching Aboriginal customs, acceptable behaviour, and adequate use of the land. Secular laws focused on the responsibilities of individuals. There were also ‘secret’ laws and different people...
Within this paper, a glimpse into the Yupiaq society will hopefully be accomplished by answering a few questions. First question, what is the Yupiaq worldview? Next, what are the core values that are essential to the success of Yupiaq society? And finally, how are those values expressed in their approach to subsistence behaviors and knowledge of their environment?
...is issue. As discussed earlier, his command theory of law mainly claims that the normativity of law is entirely a matter of law’s coerciveness. His theory has been superseded views such as those of Hart. Hart took pains to distinguish, as well as relate, law’s coercive- ness and its normativity. “Both the distinction and the relationship are expressed in the locution “norms backed by sanctions”: law’s normativity in this view must be understood independently of and in contrast to its coerciveness. Normativity is a matter of voluntary obedience; it invokes and relies on people’s disposition, whose nature and sources may vary, to follow legal rules. Coercion and normativity are portrayed as two separate but complementary strategies that the law employs to secure the individual conduct that it desires. The idea of a norm backed by a sanction is not unique to law”.
For at least three decades race, gender and biopower have all been linked together. The three terms used, are frameworks installed by governments to manage the population by categorizing, regulating and controlling its subjects. Race, gender and biopower are intertwined to illuminate the treatment of the minority for centuries. The mistreatment, discrimination and suffering experienced by the minorities throughout history is evident in the texts provided.
The way of the Ju/‘hoansi life has changed dramatically in many ways throughout the years. However, it is still possible to reflect upon their original way of life and compare it with their present state of living. Most of the changes occurred due to environmental, economical, developmental, social and cultural changes. All of which play a vital role in determining a Ju’s way of life. Although the land of the Dobe and !Kangwa have developed and changed in recent years, there are still some remnants of how the environment used to be. A significant shift in social and cultural aspects of the Ju/‘hoansi life can be observed in the new environment. However, some important aspects of their culture and belief system are still reflected in their everyday lives.
To overcome the gap between norms and facts, Habermas appeals to the medium of law, which gives legitimacy to the political order and provides the system with its binding force. Legitimate law-making itself is generated through a procedure of public opinion and will-formation that produces communicative power. In its turn, communicative power influences the process of social institutionalization.
(7) H. L., Hart, The Concept of Law, ch. VIII, and D., Lyons, Ethics and the rule of law, Cambridge University Press, 1989, p. 78 ff,
Missionaries who were devoted to the change of the Kikuyu people took into account none of groups’ communal life, due to traditions and customs. One of the most principal attacks on the Kikuyu people was the attempt to demolish polygamy. In order for them to be accepted by the missionaries, they would have to cease in this practice which was at the heart of the tribes social structure. Despite these reckless attacks on their culture the native...
Justice is the basis upon which the laws of a society are built. To examine a particular society in depth, it is imperative to appreciate their understanding of justice. There are certain limitations to understanding past societies. The best and most accurate way to surpass these limitations is by examining a society’s law. The law shows who and what were most important to these ancient people. Barbarian societies created a customary law, which ensured safety and governed the actions of the clan members.
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
Parliament, the supreme law-making body, has an unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus the real role of a judge in any legal system continues to be a phenomenon questioned by many. We must consider whether they are “authoritarian law-makers, or if their profession makes them mere declarers of the law” . In this essay, I will argue the ways that judges do make law as well as discussing the contrary.
There is a collective existence of different forms legal systems, because of the country’s diversity in culture, language and religion. This diversity is able to flourish in India only because of representation of different communities. Diversity and pluralism are acknowledged in India which safeguards the interests of different social groups and communities. This led to law being seen as necessarily pluralistic. However, after colonisation there was an effort made by the British to make law uniform, an essential condition in what was seen as ‘modern law’. Nonetheless, after independence an effort was made to have a pluralistic legal system as this would lead to better representation of different communities. This is how the Panchayati Raj system, a form of local self-government came about. Panchayats were reintroduced in 1992 after the British rule, and there a panchayat in every town of village. The people of the village elect the members of the ‘panch’, whose responsibility is the local administration of the village. In many places, gram panchayats are also known as gram sabhas. In this manner, different forms of legal pluralism shape everyday ordering and disputing in rural and urban India. They relate to formal law as well as customary legal orders equally. The two governance systems interact, which can be termed as formal law and traditional law. Customary law is also termed as unnamed law as it does not refer to a specific basis of
With in this courtroom observation paper I will form two articles and classroom knowledge to show the relevance they play within courts today. First, local legal culture, in "court culture" concept is based on dimensions of solidarity and sociability, the intersections of which create four cultures with associated case management types: hierarchical culture (rule-oriented case management); networked culture (judicial consensus); autonomous culture (self-managing); and communal (flexible case management). The second being, court guidelines and the sentencing structure, how’s it work, and why out comes different areas that defer from Kalamazoo and Southwest Michigan as a hole.
...xposes a society that had to undergo the colonization of the British. Under this colonization they experienced different treatments of transition with different results. The author remains ambivalent about the affects that missionaries and government officials have on the Ibo. On the positive side colonization introduced different values like education and the importance of health. On the other hand the negative side of colonization was the evident flaws in the “white men's system” like abuse, torture, aggressions, corruptness, lack of appreciation and understanding of the exiting cultural system. This novel allows us to view the difference in cultures and clarify that what for some societies what is considered to be a wrong doing for another society that might just be something that is accepted in their culture.
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,