Mamalahoe
Encyclopedia
Kānāwai Māmalahoe, or Law of the Splintered Paddle (also translated Law of the Splintered Oar), is a precept in Hawaiian law, originating with King Kamehameha I
in 1797. The law, "Let every elderly person, woman and child lie by the roadside in safety," is enshrined in the state constitution
, Article 9, Section 10, and has become a model for modern human rights law regarding the treatment of civilians and other non-combatants. It was created when Kamehameha was fighting in Puna
. While chasing two fishermen (presumably with the intention to kill them), his leg was caught in the reef, and one of the fisherman, Kaleleiki, hit him mightily on the head with a paddle in defense, which broke into pieces. Luckily, Kamehameha was able to escape. Years later, the same fisherman was brought before Kamehameha. Instead of ordering for him to be killed Kamehameha ruled that the fisherman had only been protecting his land and family, and so the Law of the Splintered Paddle was declared.
The complete original 1797 law in Hawaiian:
English translation:
, but rather an articulation of concepts regarding governmental legitimacy that have been held in Hawaiʻi for many prior generations. Countless stories abound in Hawaiian folklore of the removal of chiefs – generally, but not always, through popular execution – as a result of mistreatment of the common people, who have traditionally been intolerant of bad government. As a shrewd politician and leader as well as a skilled warrior, Kamehameha used these concepts to turn what could have been a point of major popular criticism to his political advantage, while protecting the human rights of his people for future generations.
(in which the State of Hawaii is generally viewed as de facto, or lacking legitimacy), Kānāwai Māmalahoe has been the subject of extended controversy. Issues surround the use of the law of Kamehameha I
in the State's constitution and the treatment of homeless persons, especially those of native descent, many of whom reside upon ancestral lands that have been converted to public use or private property under State law.
Kamehameha I
Kamehameha I , also known as Kamehameha the Great, conquered the Hawaiian Islands and formally established the Kingdom of Hawaii in 1810. By developing alliances with the major Pacific colonial powers, Kamehameha preserved Hawaii's independence under his rule...
in 1797. The law, "Let every elderly person, woman and child lie by the roadside in safety," is enshrined in the state constitution
Constitution of Hawaii
The Constitution of the State of Hawaiʻi refers to various legal documents throughout the history of the Hawaiian Islands that defined the fundamental principles of authority and governance within its sphere of jurisdiction. Numerous constitutions have been promulgated for the Kingdom of Hawaii,...
, Article 9, Section 10, and has become a model for modern human rights law regarding the treatment of civilians and other non-combatants. It was created when Kamehameha was fighting in Puna
Puna, Hawaii
Puna is one of the nine districts in Hawaii County, Big Island, Hawaii. The District of Puna is located on the easternmost portion of the island and shares borders to the north with the District of South Hilo and a border to the west with the District of Kaū...
. While chasing two fishermen (presumably with the intention to kill them), his leg was caught in the reef, and one of the fisherman, Kaleleiki, hit him mightily on the head with a paddle in defense, which broke into pieces. Luckily, Kamehameha was able to escape. Years later, the same fisherman was brought before Kamehameha. Instead of ordering for him to be killed Kamehameha ruled that the fisherman had only been protecting his land and family, and so the Law of the Splintered Paddle was declared.
The complete original 1797 law in Hawaiian:
English translation:
Cultural context
It has been noted that Kānāwai Māmalahoe was not an invention of Kamehameha IKamehameha I
Kamehameha I , also known as Kamehameha the Great, conquered the Hawaiian Islands and formally established the Kingdom of Hawaii in 1810. By developing alliances with the major Pacific colonial powers, Kamehameha preserved Hawaii's independence under his rule...
, but rather an articulation of concepts regarding governmental legitimacy that have been held in Hawaiʻi for many prior generations. Countless stories abound in Hawaiian folklore of the removal of chiefs – generally, but not always, through popular execution – as a result of mistreatment of the common people, who have traditionally been intolerant of bad government. As a shrewd politician and leader as well as a skilled warrior, Kamehameha used these concepts to turn what could have been a point of major popular criticism to his political advantage, while protecting the human rights of his people for future generations.
Modern relevance and controversy
Kānāwai Māmalahoe is well-known in Hawaiʻi. It has been applied to Hawaiian rights, elder law, children's rights, homeles advocacy, and bicyclist safety. It also appears as a symbol of crossed paddles in the center of the badge of the Honolulu Police Department. As such, particularly in consideration of the human rights concerns of the Hawaiian sovereignty movementHawaiian sovereignty movement
The Hawaiian sovereignty movement is a political movement seeking some form of sovereignty for Hawai'i. Generally, the movement's focus is on self-determination and self-governance, either for Hawaiʻi as an independent nation, or for people of whole or part native Hawaiian ancestry, or for...
(in which the State of Hawaii is generally viewed as de facto, or lacking legitimacy), Kānāwai Māmalahoe has been the subject of extended controversy. Issues surround the use of the law of Kamehameha I
Kamehameha I
Kamehameha I , also known as Kamehameha the Great, conquered the Hawaiian Islands and formally established the Kingdom of Hawaii in 1810. By developing alliances with the major Pacific colonial powers, Kamehameha preserved Hawaii's independence under his rule...
in the State's constitution and the treatment of homeless persons, especially those of native descent, many of whom reside upon ancestral lands that have been converted to public use or private property under State law.