Colonizing Hawai'I: The Cultural Power of Law

Colonizing Hawai'I: The Cultural Power of Law

by Sally Engle Merry
     
 

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ISBN-10: 0691009325

ISBN-13: 9780691009322

Pub. Date: 12/21/1999

Publisher: Princeton University Press

How does law transform family, sexuality, and community in the fractured social world characteristic of the colonizing process? The law was a cornerstone of the so-called civilizing process of nineteenth-century colonialism. It was simultaneously a means of transformation and a marker of the seductive idea of civilization. Sally Engle Merry reveals how, in Hawai'i,

Overview

How does law transform family, sexuality, and community in the fractured social world characteristic of the colonizing process? The law was a cornerstone of the so-called civilizing process of nineteenth-century colonialism. It was simultaneously a means of transformation and a marker of the seductive idea of civilization. Sally Engle Merry reveals how, in Hawai'i, indigenous Hawaiian law was displaced by a transplanted Anglo-American law as global movements of capitalism, Christianity, and imperialism swept across the islands. The new law brought novel systems of courts, prisons, and conceptions of discipline and dramatically changed the marriage patterns, work lives, and sexual conduct of the indigenous people of Hawai'i.

Product Details

ISBN-13:
9780691009322
Publisher:
Princeton University Press
Publication date:
12/21/1999
Series:
Princeton Studies in Culture/Power/History Series
Pages:
364
Sales rank:
1,109,776
Product dimensions:
6.17(w) x 9.26(h) x 0.97(d)

Table of Contents

LIST OF ILLUSTRATIONS ix
ACKNOWLEDGMENTS xi
A NOTE ON LANGUAGE AND TERMINOLOGY xiii
ONE Introduction 3
PART ONE: ENCOUNTERS IN A CONTACT ZONE: NEW ENGLAND MISSIONARIES, LAWYERS, AND THE APPROPRIATION OF ANGLO-AMERICAN LAW, 1820-1852
TWO The Process of Legal Transformation 35
THREE The First Transition: Religious Law 63
FOUR The Second Transition: Secular Law 86
PART TWO: LOCAL PRACTICES OF POLICING AND JUDGING IN HILO, HAWAI'I
FIVE The Social History of a Plantation Town 117
Six Judges and Caseloads in Hilo 145
SEVEN Protest and the Law on the Hilo Sugar Plantations 207
EIGHT Sexuality, Marriage, and the Management of the Body 221
NINE Conclusions 258
APPENDIXES
A CASES FROM HILO DISTRICT COURT 269
B ACCOMPANYING TABLES 325
NOTES 331
REFERENCES 349
INDEX 365

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