Constitutional Context of Customary Law and Local Autonomy-- Socio-Legal Studies of the [Samoa Way]

Author: Hu Pingren
Publisher:
Publish Date: 2005-03-01
Features: In the vast South Pacific Ocean, there is a little-known Samoan Islands. Located in the tropics, the climate is warm and humid, with palm trees like crowns and coconut trees like flags year-round. It is known as the "Paradise of the Pacific" for its bird songs, fragrant flowers, tranquil atmosphere, and leisurely lifestyle. It is also the birthplace of Polynesian culture, one of the three major cultures in the Pacific. During nearly two centuries of history, facing the strong impact of Western civilization from across the Pacific, the culture of the Samoans, especially their religious beliefs and legal systems, underwent significant changes. However, despite this, Samoa remains a traditional and modern society that blends an outstanding Polynesian cultural heritage. On one hand, individual values are generally ignored; on the other hand, people are very free because choices are diverse (you can choose to live in other villages, or even choose the family you rely on), yet few are forced to make choices. On one hand, there is a long tradition of democracy and consultation, with family heads and village chiefs (chiefs of tribes) being elected democratically, and major matters being collectively discussed and decided. On the other hand, there is a strict hierarchy, and collective tyranny is sometimes seen. On one hand, gender relationships are very open, with unwed pregnancy and illegitimate children facing no discrimination; on the other hand, there are strict barriers and taboos between men and women. On one hand, national institutions are organized and operated entirely according to the British parliamentary system; on the other hand, local communities are fully autonomous according to traditional methods. Here, we can not only see the conflicts and coordination between religion and law, indigenous law and foreign law, customary law and statutory law, but more importantly, many theoretical propositions that were once widely ignored, such as the significance of antagonistic cultural traditions and the concept of balance for constitutionalism, are highlighted. Meanwhile, some propositions that were previously widely questioned, such as the idea that law is not necessarily an expression of state will, or that customary law does not necessarily need state or government recognition to have legal effect, may receive new support. As for the discourse practices of customary law and local autonomy in the context of constitutionalism, they may provide useful references and multi-faceted inspiration for the vast number of third-world countries.