Difference between revisions of "Template:Nhsc-v1-262"

Revision as of 21:12, 8 March 2006

LAND LAWS AND LAND RELATIONSHIPS NOTES 1/ An excellent description of ancient land tenure is contained in Jon Chinen, The Great Mahele (Honolulu: University Press of Hawaii, 1958). Ono commenter, Haunani-Kay Trask, thought that the presentation in this section was so biased and inaccurate that she re-wrote it. The Commission does not adopt her alternate language, which appears in full in the Appendix of this report. 2/ Some commenters suggested that a comparison to European feudal systems leads to oversimplification. The comparison is used throughout the literature on Hawaiian tenure, however. (See also above, p. 148.) ZJ Chinen, The Great Mahele, p. 3. 4/ Change suggested by comments received from the Office of Hawaiian Affairs (OHA). 5/ This paragraph is based on Jon Chinen, The Great Mahele, and on Neil M. Levy, "Native Hawaiian Land Rights," 63 Cal. Law Review 848 (1975), pp. 848-9, and Melody K. MacKenzie, Sovereignty and Land: Honoring the Hawaiian Native Claim (OHA), pp. 1-2. See also, for general background, Ralph Kuykendall, The Hawaiian Kingdom, Vol. I, 1778-1854, "Chapter IV: The Land Revolution." One commenter submitted another helpful article: Thomas Marshall Spaulding, "The Crown Lands of Hawaii" (Univ. of Hawaii, Oct. 10, 1923) . 6/ Ibid. 7/ MacKenzie, Sovereignty and Land: Honoring the Hawaiian Native Claim, p. 3. 9/ Hawaii State Dept. of Budget and Finance, Land and Water Resource Management in Hawaii (Honolulu: Hawaii Institute for Management and Analysis in Government, 1978), p. 148. 9/ Levy, p. 879; MacKenzie, p. 3. 10/ David Malo, Hawaiian Antiquities (Moolelo Hawaii) (Honolulu: Bishop Museum Press, 1951), p. 53; quoted in MacKenzie, p. 3." 11/ MacKenzie, p. 3. 12/ Levy, p. 850. 13/ MacKenzie, pp. 4-5. 14/ Levy, p. 850; MacKenzie, p. 5. 15/ Ibid. I6./ Ibid. 17/ As quoted in Kuykendall, The Hawaiian Kingdom, 1778-1854, p. 271. 18/ See generally, Levy, pp. 851-2; MacKenzie, pp. 5-7. 19/ MacKenzie, p. 7. 20/ Levy, pp. 852-853, MacKenzie, p . 7. 262