Aloha Spirit: The Law of Oppression

• In Event: The Transformative Power of Indigenous Research: Realizing the Dream

Abstract

The native Hawaiian term "Aloha" is now codified as a legal term and function in the State of Hawaiʻi. The legal appropriation of aloha by the State enabled greater exploitation of native culture through the tourist industry. For Hawaiians the Stateʻs actions amounts to ethnocide. However, in 1995, the Hawaiʻi Supreme Court flipped the negative meaning of the "Aloha Spirit Law" on its head when it held that privately owned land was subject to native access and gathering rights. When large, private landowners protested and sued, the Court cited the "Aloha Spirit Law" and told the land owners to have aloha and open their gates. This essay navigates that process.

Author

• Kekailoa Perry, University of Hawaii - Manoa