Philosophy of law. Yap Constitution. Literature & Language Essay

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Yap Constitution
Question A
Tamanaha outlines a vivid description of the Yap constitution in which he explains Yap’s rule of recognition. Notably, customs and traditions of the community played a major role in the rule of recognition. Yap, as a society pursued a set of principles even before they attained independence in 1986 (Tamanaha 82). Micronesia coexisted according to their cultural tenets. The community did not have the written forms of law that they acquired after independence. The traditions are primarily responsible for harmonious coexistence in this society.
Culture is an essential element for the rule of recognition due to the vital role it plays in the state’s governance. Belief system is a crucial tool in identifying issues with Yap laws and plays an influential role in the legislative process of the country (Tamanaha 83). Tamanaha indicates that the community’s values have been discriminated for extended periods and the people were determined to heal the wounds of discrimination in this state. According to Tamanaha’s signs, the government prioritizes Yapese ethos in its governance and law-making processes as an element of enhancing loyalty to the administration.
According to Hart’s theory, the legal system consists of situations whereby a majority of social group habitually obeys orders without necessarily following individuals (Smith 15). Notably, elements of this theory show that Yap social orientations depict the territory’s legal precepts (Tamanaha 83). The state’s laws provides for four arms of governance. Although these laws broadly reflect the American constitution, Yapese regulations offer for the fourth branch of government, which consist of traditional leaders. These leaders execute several responsibilities in the society, an aspect that further reaffirms the belief that the community adores its customs. The recognition of traditional leaders in this society shows that cultural identity is a crucial element in the rule of recognition among the Yap people.
The Yap constitution is segmented into two sections. The first seven articles are wholly inclined to the culture's ethical beliefs. This section primarily addresses how the law strives to maintain moral connotations through the legal framework. These elements borrow from the traditional tenets of the society hence depicting the social organization of the Yap as a crucial element of the constitution.
Question B
Yap’s rule of recognition will succeed in executing most of the responsibilities that a rule of recognition must serve. This set of laws will form a formidable foundation on which secondary rules can evolve. Notably, rule of recognition must always be able to establish an operational ground on which other rules can develop (Tamanaha 88). For instance, the provisions have three crucial branches of government essential for further legislation. Article V provides for the Legislature, Article VI the Executive, and Article VII for the Judiciary. These three levels of administration are crucial for a nation’s legislative activities (Smith 18). The legislature coordinates with the Executive to introduce essential policies f...