The Governance of Hawaii: A Study of Territorial Administration

By Robert M. C. Littler | Go to book overview

CHAPTER XIV
LAW AND LEGAL ADMINISTRATION

Hawaiian law .--Before the coming of the white man with his solemn countenance and his ponderous legal tomes, Hawaiian statutes were enacted orally, proclaimed by heralds, and preserved in the memory of specially trained persons--living statute books. The first printed law was published in the Islands in 1822. The first compilation was made in 1842. In 1845, 1846, and 1847 were promulgated the first laws on lines strictly modern in form as well as in substance; these were largely declaratory of what had already been evolved, and have been the basis of the Hawaiian system of law ever since. A modern penal code was adopted in 1850. Until 1892 the courts were authorized to decide cases in accordance with the principles of natural law and reason, but actually they were accustomed to follow the English common law. In 1892 the common law was adopted, except as changed by statute, precedent, or usage.

Today we find the legal system of Hawaii grounded in the English common law, with no more changes due to local conditions than are apparent in most states and with fewer changes than in some states. We cannot take time to go into the new rules introduced by statute. It may be appropriate, however, to lapse into the vernacular of the lawyer and point out a few of the more important differences which the courts themselves have evolved. For one thing the Supreme Court has held that the application of a principle contrary to the common law to one question, prior to the adoption of the common law in 1892, justifies the subsequent application of that principle to a different

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The Governance of Hawaii: A Study of Territorial Administration
Table of contents

Table of contents

  • Stanford Books in World Politics ii
  • Title Page iii
  • Preface vii
  • Table of Contents xv
  • 1- Chapter I the Islands of Hawaii 1
  • Bibliography 14
  • Chapter II- An Independent Nation 16
  • Bibliography 28
  • Chapter III- Hawaii and the Union 29
  • Bibliography 51
  • Chapter IV- The Plan of Government 53
  • Bibliography 63
  • Chapter V- Races and the Government 64
  • Bibliography 81
  • Chapter VI- Parties and Elections 82
  • Bibliography 94
  • Chapter VII- The Legislature 95
  • Bibliography 106
  • Chapter VIII- The Executive Branch 107
  • Bibliography 121
  • Chapter IX- Health and Welfare 122
  • Bibliography 131
  • Chapter X- Education 132
  • Bibliography 146
  • Chapter XI- Public Lands and Public Works 147
  • Bibliography 154
  • Chapter XII- Conservation, Agriculture, and Business 155
  • Bibliography 163
  • Chapter XIII- Finance 165
  • Bibliography 176
  • Chapter XIV- Law and Legal Administration 177
  • Bibliography 186
  • Chapter XV- Honolulu General Government 187
  • Bibliography 193
  • Bibliography 202
  • Chapter XVII- County Government 203
  • Bibliography 210
  • Chapter XVIII- Federal Government in Hawaii 211
  • Bibliography 217
  • Chapter XIX- An Appraisal 218
  • Bibliography 227
  • Appendix A- Hawaiian Pronunciation 229
  • Appendix B 231
  • Appendix C 232
  • Appendix D 235
  • Chapter Iii. the Executive 250
  • Index 273
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