Through a critical examination of the court decisions of the Federated States of Micronesia, this Article will establish that the Micronesians have failed in their efforts to develop a system of indigenous jurisprudence. To understand the reasons for this failure, this Article will survey similar attempts to merge custom into an improved legal system in decolonized areas around the world. Following the conclusion that the existing strategies applied to these situations cannot succeed, this Article will propose a new approach. The proposal rejects the focus on custom as a separate source of law, and instead emphasizes the role and nature of judges as a medium through which the indigenous culture may be injected into the legal system.
Brian Z. Tamanaha,
A Proposal for the Development of a System of Indigenous Jurisprudence in the Federated States of Micronesia,
13 Hastings Int'l & Comp. L. Rev. 71
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol13/iss1/3