Understanding Law in Micronesia: An Interpretive Approach to Transplanted Law

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BRILL, 1993 - Social Science - 214 pages
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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.
 

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Contents

Chapter Two The Setting
19
Legal discourse
34
Chapter Three Theory Talk
76
Chapter Four Law in Interpretive Terms
104
A Claim to Plausibility
130
Inside the Legal Arena
147
Chapter Six An Autonomous Law
176
Chapter Seven Conclusion
200
Index
213
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About the author (1993)

Brian Z. Tamanaha, S.J.D. (1992), Harvard Law School, is Lecturer at the University of Amsterdam. He has published articles on a range of subjects, including legal anthropology and legal theory.

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