Lawrence+Tan+on+Tribal+Rights


 * Initial Thoughts**

First and foremost, let me go on to say that I believe tribes are one of society's most easily misunderstood. I believe they represent one of the best example of the paradox of our modern society, does past laws stand up to modern laws? I realize it's a very hard question to answer, the element of time, acceptance of society or even the presence of simple welfare groups makes not simply as an ethical, but a political dilemma as well. **As society continues to progress towards greater heights and new grounds, people often forget that not all of us progress in parallel, tribal groups, often living in areas of seclusion, goes on with their own way of lives, their own pace of progression**. In general, we may have the reaction of indifference, I mean, let them be, right? They won't affect us anyway. I guess that's what makes the article very intriguing to me, it has a certain aspect of personal choice brought upon by the presence of the conflict between modern and tribal laws.


 * What the Law States**

Reading the article, the thing that stood out most to me was the fact about the tribal laws existing with the current legal system in an **uncertain relationship**. I think this area of the article was a vital point, one which could force me to make which to decision to make. The thing is, my initial thinking was that even if there are tribal laws, I believe that the bigger picture wins out, **we have to realize that these laws must also be taken into their historical context**, and these tribes certainly belong to the mandate of the laws of Papua New Guinea as well. But if there is a part of their constitution that integrates these tribal laws into their current laws, it makes it a harder decision to make. Very much intrigued by this, I tried to research what this "uncertain" relationship exactly means and found out indrectly from articles that even if some sort of intergration really do exists, they are discussed and understood in a vague manner, that is, of limited importance.


 * An Easier Decision**

With these findings on the relationship between the current legal system and the tribal laws as well as the given fact that the tribes are pushing for a court battle, essentially implying they are ready to take the grounds of modern laws, personally, **I will rule in favor of Wilingal. The part where tribal laws are understood in limited fashion in the legal system, and therefore the constitution, was a big factor.** The thing is, I cannot take into account something that is not understood entirely even by the constitution itself. Moreover, they brought the battle in a modern setting, they made that decision, they should understand that tribal laws will obviously be of decreased importance when taken into the context of the national law. When viewed in this sense, if makes it an easier decision, is human trafficking right? I guess not.

http://www.nytimes.com/1997/05/06/world/when-the-bartered-bride-opts-out-of-the-bargain.html?pagewanted=2
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