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基本説明
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.
Full Description
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.
Contents
LIST OF ILLUSTRATIONS ix ACKNOWLEDGMENTS xi A NOTE ON LANGUAGE AND TERMINOLOGY xiii ONE Introduction 3 PART ONE: ENCOUNTERS IN A CONTACT ZONE: NEW ENGLAND MISSIONARIES, LAWYERS, AND THE APPROPRIATION OF ANGLO-AMERICAN LAW, 1820-1852 TWO The Process of Legal Transformation 35 THREE The First Transition: Religious Law 63 FOUR The Second Transition: Secular Law 86 PART TWO: LOCAL PRACTICES OF POLICING AND JUDGING IN HILO, HAWAI'I FIVE The Social History of a Plantation Town 117 Six Judges and Caseloads in Hilo 145 SEVEN Protest and the Law on the Hilo Sugar Plantations 207 EIGHT Sexuality, Marriage, and the Management of the Body 221 NINE Conclusions 258 APPENDIXES A CASES FROM HILO DISTRICT COURT 269 B ACCOMPANYING TABLES 325 NOTES 331 REFERENCES 349 INDEX 365