Member-only story

Unveiling the Essence of Native Hawaiian Law: A Deep Dive into Chapter 21 of the Native Hawaiian Law Treatise

Alan Turner

·7k Followers· Follow

Published in Native Hawaiian Law A Treatise Chapter 21: Native Hawaiian Health

4 min read · 2 weeks before

217 View Claps

26 Respond

Save

Listen

The Native Hawaiian Law Treatise is a monumental work that provides a comprehensive overview of the legal system of the Native Hawaiian people. Chapter 21 of the treatise, titled "Native Hawaiian Law and Governance," delves into the heart of this unique legal framework, exploring its historical foundations, cultural underpinnings, and contemporary applications.

Native Hawaiian Law - A Treatise, Chapter 21: Native Hawaiian Health

5 out of 5

Language	:	English
File size	:	674 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Print length	:	57 pages
Lending	:	Enabled

Historical Foundations

Native Hawaiian law has its roots in the ancient traditions and customs of the Hawaiian people. These traditions, known as kapu, governed all aspects of Hawaiian life, from social interactions to land use. Kapu were enforced by a system of chiefs and priests who held authority over their respective communities.

With the arrival of Western powers in the 19th century, the Hawaiian legal system underwent significant changes. The United States annexed Hawaii in 1898, and the Hawaiian monarchy was overthrown. The new American government imposed its own legal system on Hawaii, which resulted in the suppression of many aspects of Native Hawaiian law.

Cultural Underpinnings

Despite the challenges faced by Native Hawaiians under American rule, their legal traditions have continued to endure. Native Hawaiian law is deeply rooted in the Hawaiian culture, which emphasizes aloha (love),ohana (family),and kuleana (responsibility). These values are reflected in the principles of Native Hawaiian law, which prioritize community well-being, environmental protection, and the preservation of cultural heritage.

Contemporary Applications

In recent decades, there has been a growing movement to revitalize Native Hawaiian law and governance. This movement has been fueled by a renewed interest in Hawaiian culture and a desire to address the historical injustices faced by Native Hawaiians.

Today, Native Hawaiian law is recognized in a variety of contexts, including land use planning, natural resource management, and criminal justice. Native Hawaiian communities are also developing their own legal systems, which are based on traditional Hawaiian principles and values.

Chapter 21 of the Native Hawaiian Law Treatise provides a valuable resource for understanding the unique legal system of the Native Hawaiian people. By exploring the historical foundations, cultural underpinnings, and contemporary applications of Native Hawaiian law, the treatise offers insights into the resilience and vitality of this ancient legal tradition.

As Native Hawaiians continue to assert their rights and reclaim their sovereignty, Native Hawaiian law will play an increasingly important role in shaping the future of the Hawaiian Islands.

Additional Resources

Native Hawaiian Legal Corporation
Ka Huli Ao Center for Excellence in Native Hawaiian Law
University of Hawaii William S. Richardson School of Law: Certificate in Native Hawaiian Law