Understanding Law in Micronesia: An Interpretive Approach to Transplanted LawBRILL, 1993 - 214 頁 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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Alfred Schutz analysis anthropology applied aspects Attorney autonomy of law cognitive style complex of actions concept Constitution context customary norms decisions delegates described Development discourse Elias exist Expatriate lawyers experience figuration Geertz Hermeneutics ideal types indigenous individuals interaction interdependence internal legal attitude interpretive schemes interpretivism intersubjective legal community Judge Johnny Judge King knowledge about law Kosrae law ideology law in Micronesia legal institutions legal language legal meaning system legal pluralism legal system legal thinking legislators meaning strains Micronesian lawyers Micronesian legal actors Micronesians with negative mixed culture negative knowledge non-lawyer judges non-lawyer Micronesian legal non-legal actors Norbert Elias Outer Islands persons perspective Phenomenology Pohnpei Pohnpeian political problems relevant rule of law Schutz sense shared situation social community Social Reality society Sociology substantial symbolic thick description transplanted law trial counselors U.S. legal tradition understanding Yapese