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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uhm_ma_3235_uh.pdf (3.37 MB)
uhm_ma_3235_r.pdf (3.37 MB)

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2005

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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

Keywords

Burial -- Hawaii, Burial laws -- Hawaii, Hawaiians -- Funeral customs and rites

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http://hdl.handle.net/10125/11784

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Theses for the degree of Master of Arts (University of Hawaii at Manoa). Pacific Islands Studies; no. 3235

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Table of Contents

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M.A. - Pacific Islands Studies
Pacific Islands Studies Plan A Masters Theses
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