Understanding Law in Micronesia : : An Interpretive Approach to Transplanted Law / / Brian Z. Tamanaha.
Examines law in Micronesia through a focus on the meaningful actions and understandings of legal actors and non-legal actors. It addresses subjects which range from the nature of legal thinking to the autonomy of law.
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| Superior document: | Studies in Human Society Series ; Volume 7 |
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| VerfasserIn: | |
| Place / Publishing House: | Leiden, Netherlands : : Brill,, [1993] ©1993 |
| Year of Publication: | 1993 |
| Edition: | First edition. |
| Language: | English |
| Series: | Studies in human society ;
Volume 7. |
| Physical Description: | 1 online resource (viii, 214 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Dedication
- 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 Actors' 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.