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Short essay on hawaiian culture
Short essay on hawaiian culture
Short essay on hawaiian culture
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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.
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?
In the rough and tropical island of Papua New Guinea, lived an exceptional aggregation of individuals called, The Gebusi. In the 1980's, The Gebusi tribe was anything besides up to date and acculturated. The Gebusi had their own particular singular and special customs and conventions that they rehearsed and accompanied. The Gebusi tribe took part in custom homosexuality, divination or witchcraft was exceedingly respected and polished, and they partook in particular sister-trade relational unions. By 1998-99, The Gebusi tribe had made another lifestyle. The Gebusi had gotten accustomed with new social convictions, modernization due to “western ways” that had changed their lives until the end of time especially changing their ways and view on gender roles and sexuality.
Indian society was patriarchal, centered on villages and extended families dominated by males (Connections, Pg. 4). The villages, in which most people lived, were admini...
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.
Kanovitz, J. R. (2010). Constitutional Law (12th ed.). (E. R. Ebben, Ed.) New Providence, NJ,
MacKenzie, Melody Kapilialoha. (1991). Native Hawaiian Rights Handbook. Honolulu: Native Hawaiian Legal Corporation/ Office of Hawaiian Affairs, p. 24.
In India, for example, caste systems are used. The lowest caste is called Shudra, the Shudra are the unskilled and semi-skilled workers. They receive next to nothing for very labor intensive jobs such as farming and factory work. The caste after that is called the Vaishya. The Vaishya are businessmen and are more powerful than the Shudra. They still are paid very little and work in jobs such as market stalls. Th...
on the Rights of Indigenous Peoples.”Wisconsin International Law Journal. Vol. 7 No. 1. Retrieved Nov 28th 2013 from http://works.bepress.com
In contrary to its contemporary antagonist philosophical schools, who advocate the practices of humanness and the rightness and set ideal of the past, the Legalists, in their complete rejection of the traditional ethics, embraces the efficacy of political power and uphold a society of laws and punishments. As the old feudal states decayed and the smoke of endemic warfare suffused, the need for a more rational government that can afford greater centralized power so as to strengthen a state against its rival increased substantially among the Warring States. Such a rising urge necessitated the emergence of the Legalists and further predetermined the Legalists’ inherent nature – realistic, totalitarian and problem-solving – which, with the realization of its significance and duty in the stream of history, finds its hegemonic character as well.
Since these traditions have become apparent through centuries they are customary and have a tendency to lack individualism, as the group among which a person lives is seen as more important over the individual. In many parts of the world today, you can examine such cultures and see the ways that individuals offer themselves to family and community life.
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.
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.
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
According to Thomas Hobbes, “man by nature is evil” because people have its diverse interest and selfishness that makes the world became a chaotic ground. Thus, people form a leviathan in which they surrendered their rights to the state particularly to the government to have not just simply equality, but merely justice and security. The government is the one who is capable and responsible in making and implementing laws and policies that must obey by all people to be able to live in peace and order. However, as we give our consent to this entity to serve as a mediator and tends to be the one who will balance and solve the conflicts among people, it became a great field for those opportunistic people to achieve power that they are using to expand their influence. That is one of the problems that the Philippine government is facing today, our constitution has a lot of loopholes simply because the elites and those political dynasties only have the power inside the government and the capacity to form laws which is basically favorable to them. But what will be the remedy to solve this problem? On the latter part of this paper, we will suggest a solution that will be a possible answer to the problem and help to attain the true meaning of good governance in the Philippines.