LEGAL DISCRETION IN A TERRITORIAL JUSTICE SYSTEM: THE CASE OF THE TERRITORY OF GUAM

Authors

Daniel A. Lennon, Monash University, Gippsland CampusFollow

Abstract

A sociologist examines the place of customs and tradition in the definition of “legal discretion” in the Territory of Guam, a dependency of the United States, utilizing the concept of double-institutionalism as the basis for such definition in the resolution of the dialectic between custom and law. The contemporary resolutions between customary practices and constitutional law in Guam are de- scribed and evaluated using both written and interview material. The findings suggest the internal politics of a state is the synthesis of this dialectic between custom and law. The absence of constitutional bases in law in any political state necessarily deformalizes the synthesis of the primacy of law for settling disputes.

Recommended Citation

Lennon, Daniel A. (2001) "LEGAL DISCRETION IN A TERRITORIAL JUSTICE SYSTEM: THE CASE OF THE TERRITORY OF GUAM," Pacific Studies: Vol. 24: No. 3, Article 3.
Available at: https://digitalcollections.byuh.edu/pacific-studies-journal/vol24/iss3/3