Native Hawaiian Law Treatise: Unveiling the Essence of an Enduring Legal System

Native Hawaiian Law: A Treatise

by Susan K. Serrano

4.5 out of 5

Language	:	English
File size	:	3753 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	1914 pages
Lending	:	Enabled

FREE

Native Hawaiian law is a rich and complex legal system that has evolved over centuries. It is based on the unique cultural, historical, and environmental context of the Hawaiian Islands. Native Hawaiian law is distinct from both Western legal systems and other indigenous legal systems. It has its own unique principles, concepts, and institutions.

This treatise provides a comprehensive overview of Native Hawaiian law. It is written for a wide audience, including legal professionals, scholars, students, and the general public. The treatise is divided into three parts.

Part I: Foundations of Native Hawaiian Law

Part I of the treatise provides an overview of the history, principles, and sources of Native Hawaiian law.

Chapter 1: History of Native Hawaiian Law

This chapter provides a brief history of Native Hawaiian law, from its origins in the ancient Hawaiian kapu system to its evolution in the modern era.

Chapter 2: Principles of Native Hawaiian Law

This chapter examines the fundamental principles of Native Hawaiian law, such as the concept of aloha, the importance of community, and the stewardship of the land.

Chapter 3: Sources of Native Hawaiian Law

This chapter discusses the various sources of Native Hawaiian law, including the Hawaiian constitution, statutes, case law, and customary law.

Part II: Substantive Areas of Native Hawaiian Law

Part II of the treatise examines the various substantive areas of Native Hawaiian law, including land tenure, water rights, natural resources, and cultural practices.

Chapter 4: Land Tenure

This chapter explores the complex system of land tenure in Hawaii, including the concepts of ahupua'a, kuleana, and mahele.

Chapter 5: Water Rights

This chapter examines the unique system of water rights in Hawaii, including the concept of appurtenant water rights and the protection of traditional Hawaiian water practices.

Chapter 6: Natural Resources

This chapter explores the stewardship of natural resources in Hawaii, including the protection of native plants and animals and the management of coastal resources.

Chapter 7: Cultural Practices

This chapter examines the protection of traditional Hawaiian cultural practices, including the practice of hula, the construction of heiau, and the use of native Hawaiian medicinal plants.

Part III: Contemporary Issues in Native Hawaiian Law

Part III of the treatise examines contemporary issues in Native Hawaiian law, including the recognition of Native Hawaiian self-governance, the repatriation of Native Hawaiian cultural artifacts, and the protection of Native Hawaiian intellectual property rights.

Chapter 8: Recognition of Native Hawaiian Self-Governance

This chapter explores the efforts of Native Hawaiians to achieve self-governance, including the establishment of the Office of Hawaiian Affairs and the Akaka Bill.

Chapter 9: Repatriation of Native Hawaiian Cultural Artifacts

This chapter examines the efforts of Native Hawaiians to repatriate cultural artifacts that were taken from their homeland, including the repatriation of the remains of Kamehameha I.

Chapter 10: Protection of Native Hawaiian Intellectual Property Rights

This chapter explores the efforts of Native Hawaiians to protect their intellectual property rights, including the protection of traditional Hawaiian music, art, and designs.

Native Hawaiian law is a vibrant and growing legal system that is based on the unique cultural, historical, and environmental context of the Hawaiian Islands. This treatise provides a comprehensive overview of Native Hawaiian law, making it an essential resource for anyone who wants to understand this complex and fascinating legal system.

Native Hawaiian Law: A Treatise

by Susan K. Serrano

4.5 out of 5

Language	:	English
File size	:	3753 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	1914 pages
Lending	:	Enabled

FREE