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. A Note On Language And Terminology -- Part 1: Encounters In A Contact Zone : New England Missionaries, Lawyers, And The Appropriation Of Ango-american Law, 1820-1852. The Process Of Legal Transformation ; The First Transition : Religious Law ; The Second Transition : Secular Law -- Part 2: Local Practices Of Policing And Judging In Hilo, Hawai'i. The Social History Of A Planation Town ; Judges And Caseloads In Hilo ; Protest And The Law On The Hilo Sugar Planation ; Sexuality, Marriage, And The Management Of The Body -- Conclusion -- Appendixes. A. Cases From Hilo District Court ; B. Accompanying Tables. Sally Engle Merry. Includes Bibliographical References (p. [349]-363) And Index.

COLINIZING HAWAI'I THE CULTURAL POWER OF LAW

Merry, Sally Engle

Princeton University, Department of Art & Archaeology

Princeton studies in culture/power/history, Princeton, N.J, New Jersey, 2000

Princeton studies in culture, power, history, Princeton, NJ, 2000

United States, United States of America

PS, 1999

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Includes bibliographical references (p. [349]-363) and index.

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.Colonizing Hawai'i traces the complex and uncertain process of colonialism from the vantage point of a small town in windward Hawai'i. Caught in global movements of capital and imperialism, local actors nevertheless shaped the practices of the lower courts. Merry examines a century of court records from this town to illuminate striking changes in everyday social life, demonstrating the cultural power of law to articulate a new cultural order on the fragments of the old. The book is a groundbreaking analysis of the intersection of the global and the local at a nineteenth-century crossroads. As a study of transnational law and the changes it wrought in a local community, it offers insights into globalizations past with implications for globalizations present and future.

2024-06-13