Preparing to be colonized: Land tenure and legal strategy in nineteenth-century Hawaii

被引:20
作者
Banner, S [1 ]
机构
[1] Univ Calif Los Angeles, Sch Law, Los Angeles, CA 90095 USA
关键词
D O I
10.1111/j.0023-9216.2005.00083.x
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In the late nineteenth and early twentieth centuries, throughout the Pacific Rim, European and American colonizers reorganized indigenous systems of property rights in land to make them look more like European property systems, with disastrous effects for the indigenous people involved. The very first of these schemes, however, was the Mahele of 1845-1855, which took place not in a colony but in the independent Kingdom of Hawaii. Why did the Hawaiians do this to themselves? I argue that the Mahele was a sophisticated and partially successful response to the prospect that Hawaii would soon be colonized. The object of the Mahele was to ensure that in the event of annexation, Kamehameha III and other elite Hawaiians would not be dispossessed of their landholdings. The strategy was to convert those landholdings into a legal form that would be recognized by an incoming colonial government-whether American, British, or French-as private property.
引用
收藏
页码:273 / 314
页数:42
相关论文
共 137 条
[1]  
Anderson Rufus., 1870, History of the Sandwich Islands Mission
[2]  
[Anonymous], 1972, ETHNOHISTORY
[3]  
[Anonymous], 1989, NATIVE AM ESTATE STR
[4]  
[Anonymous], HIST SANDWICH ISLAND
[5]  
[Anonymous], 1984, VOYAGE DISCOVERY N P
[6]  
AQUINAS T, 1964, SUMMA THEOLOGICA, V37
[7]   Conquest by contract: Wealth transfer and land market structure in colonial New Zealand [J].
Banner, S .
LAW & SOCIETY REVIEW, 2000, 34 (01) :47-96
[8]   Transitions between property regimes [J].
Banner, S .
JOURNAL OF LEGAL STUDIES, 2002, 31 (02) :S359-S371
[9]  
Banner Stuart, 2000, LEGAL SYSTEMS CONFLI
[10]  
Banner Stuart., 2005, Law and History Review, V23, P95, DOI [DOI 10.1017/S0738248000000067, 10.1017/S0738248000000067]