Understanding law in Micronesia : an interpretive approach to transplanted law

Author(s)

• Tamanaha, Brian Z.

Bibliographic Information

Understanding law in Micronesia : an interpretive approach to transplanted law

by Brian Z. Tamanaha

（Studies in human society, v. 7）

E.J. Brill, 1993

• : pbk

Note

Includes bibliographical references (p. [203]-211) and index

Description and Table of Contents

Description

This book examines law in Micronesia from a novel perspective. It draws upon several branches of interpretive analysis, including mundane phenomenology, symbolic interaction, and cultural hermeneutics, to construct a comprehensive approach to transplanted systems of state law. Rather than the usual focus on legal norms and institutions, this approach directs attention to the law-related meaningful actions and understandings of legal actors and of non-legal actors. Application of this approach results in insights about law in Micronesia, as well as about law itself, and about the ideology of law. A wide range of subjects are addressed, from the nature of legal thinking to the autonomy of law. It is a work in legal theory grounded in psychological, sociological and anthropological observations and analysis.

Table of Contents

Preface CHAPTER ONE, Introduction Existing Approaches to Transplanted Law A. The Law and Development Movement B. Legal culture C. Legal Anthropology and Legal Pluralism Understanding (Law in Micronesia) (Understanding Law) in Micronesia Thesis CHAPTER TWO, The Setting Law from Afar Actors A. Expatriate Lawyer B. Micronesian Lawyer C. Non-Lawyer Micronesian Legal Actors D. Micronesian Non-Legal Actors Legal discourse A. Legal Language is English B. Legal Language C. Stylized Mode of Discourse When a Judge Is a Judge A Case of Translation Law's Resistance People behind the Law Leaving the Setting CHAPTER THREE, Theory Talk Mundane Phenomenology of Alfred Schutz A. Intersubjectivity, Thought, and Social Interaction B. Methodology: Intersubjective Meaning and Ideal Types C. Softening Schutz's Objectivism Geertz's Cultural Hermeneutics: Thick Description Schutz and Geertz, and Their Shared Weakness Self-serving Note on Methodology CHAPTER FOUR, Law in Interpretive Terms Legal Institution as a Complex of Connected Actions Elements of Law Internal Legal Attitude of the U.S. Legal tradition A. Law as a Separate Reality B. Judging: Cognitive Style and Patterns of Thought A Claim to Plausibility CHAPTER FIVE, Back to Micronesia Communities of Mixed Thought and Mixed Communities of Thought A. The Concept Culture B. Two Senses of Mixed Culture C. A Stranger in the Community Inside the Legal Arena A. Expatriate Lawyers in the Internal Legal Attitude B. Micronesian Lawyers in the Internal Legal Attitude C. Non-Lawyer Micronesian Legal Actor's Experience of Law D. Impact of Non-Lawyer Judges on Operation of Legal System E. Countervailing Poles Seeing Something Else When Looking at Law A. The Ideology of Law B. Law as a Symbol C. Legal Institutions and Legal System D. What They Do See E. Law at a Distance F. Advantage of Positive Knowledge about Law G. Cross-Cultural Interaction within a Community CHAPTER SIX, An Autonomous Law The Autonomy of Law Figuration Theory National and State Level Figurations Three Types of Autonomy CHAPTER SEVEN, Conclusion Bibliography Index

by "Nielsen BookData"

Details

• NCID: BA20006251
• ISBN:
  • 9789004097681
• LCCN: 93000724
• Country Code: ne
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Leiden ; New York
• Pages/Volumes: viii, 214 p.
• Size: 24 cm
• Classification:
  • NDC8 : 322.7
  • NDC8 : 322.8
  • LCC : KVS46.7
  • DC20 : 349.965
  • DC20 : 349.65
• Subject Headings:
  • LCSH : Law -- Micronesia -- Foreign influences
  • LCSH : Customary law -- Micronesia
  • LCSH : Culture and law
  • LCSH : Pluralism (Social sciences)
• Parent Bibliography ID:
  • BA00446761