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York University
Social Science
SOSC 2560

1 MalhotraIn the article The Role of Custom and Traditional Leaders under the Yap Constitution the author Brian Tamanaha explains the various customs traditions as well as the legal system of Yap the federated state of MicronesiaYap is referred to as a legal transplant as it has derived its system of law from US constitutions codes Supreme Court decisions as well as the legal officials Essay Discussion Waluchow and Tamahana slide 15 In the Yap constitution one will find legislative executive and judicial branches along with a bill of rightsThe Yap constitution however protects the traditions and customs in the constitution and has an additional branch of government known as chiefs Essay Discussion Waluchow and Tamahana slide 17After understanding Harts theory of the existence of law the question is whether Yap has a legal system or notI will argue that indeed Yap has a system of law which l willdiscuss in reference to the central theories of legal positivismHarts two minimum conditions that must exist in a legal system and Harts discussion of the union of primary and secondary rules I will proceed in three steps I will begin by describing selective parts of Harts theory of the existence of lawThen I will answer why it may be plausible to answer yes or no to Yap having a legal systemFinally I will support my argument that Yap does having a legal system using three different elements of Harts theory mentioned in my thesisAccording to Harts theory of the existence of law a legal system exists where there is a union of primary rules of obligation and secondary rules of change adjudication and recognitionAlso most of the citizens obey the primary rules and the officials accept the secondary rules especially the rule of recognition from an internal point of view Canadian Constitutional Laws and social facts slide 7Hart distinguishes between primary and secondary rules as primary rulesimposeduties and concern actions involving physical movement and
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