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Correcting burial wrongs because the dead have rights : an analysis of native Hawaiian burial issues and the associated burial preservation laws in Hawaiʻi

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Item Summary

Title: Correcting burial wrongs because the dead have rights : an analysis of native Hawaiian burial issues and the associated burial preservation laws in Hawaiʻi
Authors: Gaylord, Kimberlee Alana
Keywords: Burial -- Hawaii
Burial laws -- Hawaii
Hawaiians -- Funeral customs and rites
Issue Date: 2005
Abstract: Hawai'i has attempted to combat cultural desecration to native Hawaiian burials through preservation laws (HRS Chapter 6E). Unfortunately, these legal provisions have been ineffectively "actuated" (enforcement, application, and interpretation) in the preservation of native Hawaiian burials and burial practices.

While the law establishes a process to protect native Hawaiian burials, the state agency given primary responsibility for enforcing the law has failed to fulfill its preservation responsibilities.

The law has also been misapplied. Because of the built-in conflict of interest flaw in the law, many contract archaeologists work on behalf of their developer-employers. Consequently, during the construction of many developments throughout Hawai'i, thousands of native Hawaiian burials are destroyed.

Finally, the legal expectations of native Hawaiians include the Hawaiian cultural norm of pono. Thus, because of the divergent cultural interpretations of justice, when the law adheres to non-Hawaiian legal expectations, Hawai'i's preservation laws fail (as interpreted by native Hawaiians).
Description: Thesis (M.A.)--University of Hawaii at Manoa, 2005.
Includes bibliographical references (leaves 79-83).
xi, 83 leaves, bound 29 cm
URI/DOI: http://hdl.handle.net/10125/11784
Rights: All UHM dissertations and theses are protected by copyright. They may be viewed from this source for any purpose, but reproduction or distribution in any format is prohibited without written permission from the copyright owner.
Appears in Collections:M.A. - Pacific Islands Studies
Pacific Islands Studies Plan A Masters Theses



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