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Rule of Recognition at the Yap Society - Research Paper

Rule of Recognition at the Yap Society

Rule of Recognition at the Yap Society

In 1986 Yap society became independent from control of the other countries. Brian Tamanaha, in "The Role of Custom and Traditional Leaders under the Yap Constitution" describes that the Constitution of Yap is different from any state in the United States in several ways (Tamanaha, 1988). From the beginning, Yaps were separated into two casts: low and high. Also, traditional leaders had power over the law. At the present time, caste legal system still exist, including caste based land ownership rights, services provided by the low caste at funerals, segregation by village, and subtle forms of social restrictions (Tamanaha, 1988). Yap's legal system ...

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rules. If the law was violated then the rule of adjudication deals with unjust situation where people determine all aspects of violation. In this essay, I am comparing the Yap's and the Hart's rule of recognition. In practice in Yap the lack of primary rules and the lack to follow them controverts with Hart's legal system. Rule of recognition at the Yap society is different from Hart's rule of recognition. Yap's rule of recognition is not being completely able to carry out the functions that Hart's rule of recognition must serve.

Hart's vision of legal system is different from Yap's legal system. Rule of recognition in practice in Yap based on traditions and customs that doesn't seems as Hart's rule of recognition. According to Herbert L.A Hart, legal system is simply system of primary and secondary rules ( Hart, 2008). Rule of recognition is the master one and it challenges all other rules. Primary rules prescribe how people should behave in society. Primary rules can be ...

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nature and influenced by traditions. But it seems undemocratic when rules unequal and unfair. When it comes to conflict between low and high castes it is hard to determine which rule is the most accurate in view of the fact that traditions influence whole legal system. Since, primary rules prescribe how people should act and Yap society act based on traditions and customs a lack of primary rules exist. Yaps still act according to traditions and customs, but not according to the Constitution. In other words, Yap does not structure a system of rules it is merely principles and values by which Yaps act. In this case, because of the lack of the primary rules and the lack to follow them there ...

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PAPER DETAILS
Added: 3/1/2014 03:28:21 PM
Submitted By: mysik
Category: Philosophy
Type: Premium Paper
Words: 1961
Pages: 8

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