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After Secular Law$
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Winnifred Fallers Sullivan, Robert A. Yelle, and Mateo Taussig-Rubbo

Print publication date: 2011

Print ISBN-13: 9780804775366

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804775366.001.0001

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Courting Culture

Courting Culture

Unexpected Relationships between Religion and Law in Contemporary Hawai̒i

Chapter:
(p.282) Chapter Fourteen Courting Culture
Source:
After Secular Law
Author(s):

Greg Johnson

Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804775366.003.0015

This chapter discusses how the Native American Graves Protection and Repatriation Act and similar law shape religious claims and then conduce to misrecognition of the same. NAGPRA hearings both legally authorize and provide the occasion for the performance of Hawai'ian genealogies in hearings contesting ownership of sacred objects. Law is both complicit in the legitimizing of Hawai'ian religion and limited in its power to shape that religion in the ways it would like. This chapter notes that Hawai'ian political and religious actors competitively and creatively work and rework both their received traditions and emerging ones in the legal spaces provided by state and federal law.

Keywords:   Graves Protection and Repatriation Act, NAGPRA, sacred objects, Hawai'ian religion

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