Article Review of The role of custom and traditional leaders under the Yap constitution

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 and judiciary—with a fourth branch dedicated solely for traditional leaders. Traditions and customs create rules and the methods they are abided by. According to Hart, every legal system has a set of rules directing people on how to live. Amidst foreign pressure Yap’s culture has proved resilient (BRIAN, 1988). This essay will attempt to contrast and compare the Yapese legal structure to Hart’s theory of a legal system; it will answer questions concerning the rule of recognition and how the Yapese survive within extreme inequality and injustice, but rise above it through use of their traditions and culture.

Yap is a traditionally garbed state and has sustained numerous changes of authorities, but still maintains it 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 populace into nine sections, four being the lowest and five the highest. The high caste is superior to the low caste, and is owed labor from the latter without compensation (BRIAN, 1988), while living in the most productive sections of the islands. Hence, the caste system of the Yapese promotes inequality, but they are nevertheless content with it as it is a part of their history and sustaining culture.

Additionally, Yap’s constitution is derived from the United States, as it has almost 13 identical sections as the bill of rights. The Yapese constitution addresses the essential rights of the people as well as their structure of governm...

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... Yapese characteristics.

Yap has always endured the constant pressure to change from its traditional ways; they have, but not entirely. Like Brian Tamaha stated, “For instance, it could confuse someone who is not familiar with them to see Yapese women with their breast fully exposed as required by their culture, while also sipping conventional beverages which is consistent with a Western life” (Brain, 1988). The Yap has learned to accept western way of life with accordance to their supreme obligation to tradition.

The Yapese have endured numerous times of upheaval, from de-population and wide spread sickness. Tradition is what always remained constant throughout the Yapese existence.

References

Brain Z. Tamanaha (1988). The Role of Custom and Traditional Leaders Under the Yap Constitution” University of Hawaii Law Review, vol. 10 (1988), pp. 81-104.