DOCSLIB.ORG

International Law As a Dialectical Progression Of

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

THE POWER OF “GENOCIDE”: INTERNATIONAL LAW AS A DIALECTICAL PROGRESSION OF HARD POWER THROUGH SOFT POWER TOWARD LEGAL POWER by Tal Buenos A dissertation submitted to the faculty of The University of Utah in partial fulfillment of the requirements for the degree of Doctor of Philosophy Department of Political Science The University of Utah December 2017 Copyright © Tal Buenos 2017 All Rights Reserved The University of Utah Graduate School STATEMENT OF DISSERTATION APPROVAL The dissertation of Tal Buenos has been approved by the following supervisory committee members: M. Hakan Yavuz , Chair 5/3/2017 Date Approved Yanqi Tong , Member 6/3/2017 Date Approved Janet Theiss , Member 5/3/2017 Date Approved Howard Lehman , Member 5/3/2017 Date Approved John Francis , Member 5/3/2017 Date Approved and by Mark Button , Chair of the Department of Political Science and by David B. Kieda, Dean of The Graduate School. ABSTRACT In the existing academic literature on “genocide” there is an emphasis on moralistic arguments toward public acceptance of using the term genocide popularly in relation to specific events. This practice is unaccompanied by a recognition that the created genocide discourse is the product of a biased process, and that it is empowered to affect international law without being legally sanctioned to do so. Since the currently available scholarly information on “genocide” is grounded in self-assured presentations that the works of the genocide scholarship are social-scientific and reflective of the conscience of humanity, there is a lack of significant knowledge regarding the political use of the term genocide in the governing of global affairs. By employing a power-based theory, this study offers an interpretive analysis of available historical data to understand how “genocide” has been used as a tool for the advancement of international law. It shows that the term genocide has functioned as soft power through which hard power has been particularized toward legal power. Meaning, “genocide” has been used to bring governance closer to international law by appealing to group identity. Such a view of a dialectical progress identifies the power of “genocide” in the context of international law and invites new considerations of how the idea of international law may yet attain the combined qualities of authority and legitimacy in the quest for unified standards of governance worldwide. I Am the Lord Thy God. Why were the Ten Commandments not said at the beginning of the Torah? They give a parable. To what may this be compared? To the following: A king who entered a province said to the people: May I be your king? But the people said to him: Have you done anything good for us that you should rule over us? What did he do then? He built the city wall for them, he brought in the water supply for them, and he fought their battles. Then when he said to them: May I be your king? They said to him: Yes, yes. Likewise, God. He brought the Israelites out of Egypt, divided the sea for them, sent down the manna for them, brought up the well for them, brought the quails for them. He fought for them the battle with Amalek. Then He said to them: I am to be your king. And they said to Him: Yes, yes. —Mekhilta De-Rabbi Ishmael Extravagant claims as to the role which the American Government has had in relation to the development of international law are to be avoided. —Robert Renbert Wilson, International Law in Treaties TABLE OF CONTENTS ABSTRACT…………………………………………………....……………………...…iii LIST OF ABBREVIATIONS...........................................................................................vii Chapters 1. INTRODUCTION...........................................................................................................1 Power.......................................................................................................................5 International Law...................................................................................................13 Meeting “Genocide”..............................................................................................21 Methodology..........................................................................................................30 Conceptual Framework..........................................................................................37 Outline....................................................................................................................41 2. A LITERARY REVIEW OF THE GENOCIDE SCHOLARSHIP...............................48 The Genocide Scholarship’s Narration of Its History and Purpose.......................50 The Holocaust Made Comparable.........................................................................61 The Armenian Focus..............................................................................................72 Controlled Information..........................................................................................88 Moralizing an American Agenda.........................................................................104 Tension with the Legal Definition.......................................................................118 Raphael Lemkin’s Centrality in the Origination of the Term ..............................130 Conclusion...........................................................................................................141 3. A POWER-BASED APPROACH TO “GENOCIDE”................................................143 Power and Political Science.................................................................................147 Hard Power and Law...........................................................................................160 Soft Power and the Genocide Scholarship...........................................................169 Legal Power and International Law.....................................................................179 Conclusion...........................................................................................................185 4. THE INITIATION OF INTERNATIONAL LAW, 1870s-1944................................187 The Balancing of Power in Europe......................................................................188 The Unification of Germany................................................................................192 International Arbitration......................................................................................196 The Civilizational Criterion.................................................................................202 The Eastern Question...........................................................................................209 The Armenian Question.......................................................................................217 The Macedonian Question...................................................................................234 Before Victory.....................................................................................................241 The League of Nations........................................................................................248 “Genocide”..........................................................................................................253 Conclusion...........................................................................................................265 5. THE DEVELOPMENT OF “GENOCIDE,” 1945-1988.............................................268 The Reeducation of Germany .............................................................................269 Lemkin’s Intellectual Property............................................................................282 American Display of Dissociation.......................................................................293 Popularity by Vilification of Communism..........................................................315 The Armenian Issue.............................................................................................328 Civil Wars............................................................................................................345 The Scholarly Discourse......................................................................................360 Conclusion...........................................................................................................380 6. TOWARD LEGAL POWER, 1989-2010s..................................................................385 “Genocide” against the Turkic People.................................................................386 The Advent of “Ethnic Cleansing”......................................................................399 Intervention for Genocide Prevention..................................................................417 The House that “Genocide” Built.........................................................................430 Misleading the Masses.........................................................................................450 American Soft Power as International Criminal Law ..........................................471 The Abuse of International Law..........................................................................486 Genocide Labels vs. Human Rights.....................................................................505 Conclusion...........................................................................................................517 7. CONCLUSION............................................................................................................521 The
Recommended publications
  • Allen Dulles - Wikipedia

    Allen Dulles - Wikipedia

    8/6/2020 Allen Dulles - Wikipedia Allen Dulles Allen Welsh Dulles (/ˈdʌləs/; April 7, 1893 – January 29, 1969) was an American diplomat and lawyer who became the Allen Dulles first civilian Director of Central Intelligence (DCI), and its longest-serving director to date. As head of the Central Intelligence Agency (CIA) during the early Cold War, he oversaw the 1953 Iranian coup d'état, the 1954 Guatemalan coup d'état, the Lockheed U-2 aircraft program, the Project MKUltra mind control program and the Bay of Pigs Invasion. He was dismissed by John F. Kennedy over the latter fiasco. Dulles was one of the members of the Warren Commission investigating the assassination of John F. Kennedy. Between his stints of government service, Dulles was a corporate lawyer and partner at Sullivan & Cromwell. His older brother, John Foster Dulles, was the Secretary of State during the Eisenhower Administration and is the namesake of Dulles Airport.[1] Director of Central Intelligence In office Contents February 26, 1953 – November 29, 1961 Early life and family President Dwight Eisenhower John F. Kennedy Early career OSS posting to Bern, Switzerland in World War II Deputy Charles P. Cabell Preceded by Walter B. Smith CIA career Coup in Iran Succeeded by John McCone Coup in Guatemala Deputy Director of Central Intelligence Bay of Pigs In office Dismissal August 23, 1951 – February 26, 1953 Later life President Harry S. Truman Dwight Eisenhower Fictional portrayals Preceded by William H. Jackson Publications Articles Succeeded by Charles P. Cabell Book reviews Deputy Director of Central Intelligence Books for Plans Books edited In office Book contributions January 4, 1951 – August 23, 1951 President Harry S.
  • September 1, 2015 Dear Colloquium Members: in a 1990 Supreme Court

    September 1, 2015 Dear Colloquium Members: in a 1990 Supreme Court

    September 1, 2015 Dear Colloquium Members: In a 1990 Supreme Court case, Justice Brennan highlighted the global scope of the American regulatory state. “Foreign nationals must now take care not to violate our drug laws, our antitrust laws, our securities laws, and a host of other federal criminal statutes,” he wrote. “The enormous expansion of federal criminal jurisdiction outside our Nation’s boundaries has led one commentator to suggest that our country’s three largest exports are now ‘rock music, blue jeans, and United States law.’” In just a few decades, the relatively weak American state that existed at the dawn of the twentieth century began to regulate conduct around the world. My dissertation, Regulating the World: American Law and International Business, traces this transformation and describes efforts to regulate foreign and multinational businesses using American law. I seek to recover what Sam Moyn has called “the forgotten radicalism” that led U.S. policymakers to extend U.S. law overseas to reform foreign legal systems and to regulate foreign actors. Yet my research has led me to a deeper appreciation of the limits on this radicalism. Like the New Deal within the United States, which required its own compromises with the continued sovereignty of the southern states over race, the spread of American law effected important changes only because it left the basic structure of the international system intact. As I researched the emergence of a global regulatory state during the New Deal, I began to appreciate the deep relationship between U.S. law and U.S. foreign relations. As historian Mary Dudziak has recently pointed out, scholars of U.S.
  • Inscribed 6 (2).Pdf

    Inscribed 6 (2).Pdf

    Inscribed6 CONTENTS 1 1. AVIATION 33 2. MILITARY 59 3. NAVAL 67 4. ROYALTY, POLITICIANS, AND OTHER PUBLIC FIGURES 180 5. SCIENCE AND TECHNOLOGY 195 6. HIGH LATITUDES, INCLUDING THE POLES 206 7. MOUNTAINEERING 211 8. SPACE EXPLORATION 214 9. GENERAL TRAVEL SECTION 1. AVIATION including books from the libraries of Douglas Bader and “Laddie” Lucas. 1. [AITKEN (Group Captain Sir Max)]. LARIOS (Captain José, Duke of Lerma). Combat over Spain. Memoirs of a Nationalist Fighter Pilot 1936–1939. Portrait frontispiece, illustrations. First edition. 8vo., cloth, pictorial dust jacket. London, Neville Spearman. nd (1966). £80 A presentation copy, inscribed on the half title page ‘To Group Captain Sir Max AitkenDFC. DSO. Let us pray that the high ideals we fought for, with such fervent enthusiasm and sacrifice, may never be allowed to perish or be forgotten. With my warmest regards. Pepito Lerma. May 1968’. From the dust jacket: ‘“Combat over Spain” is one of the few first-hand accounts of the Spanish Civil War, and is the only one published in England to be written from the Nationalist point of view’. Lerma was a bomber and fighter pilot for the duration of the war, flying 278 missions. Aitken, the son of Lord Beaverbrook, joined the RAFVR in 1935, and flew Blenheims and Hurricanes, shooting down 14 enemy aircraft. Dust jacket just creased at the head and tail of the spine. A formidable Vic formation – Bader, Deere, Malan. 2. [BADER (Group Captain Douglas)]. DEERE (Group Captain Alan C.) DOWDING Air Chief Marshal, Lord), foreword. Nine Lives. Portrait frontispiece, illustrations. First edition.
  • The Ecumenical Movement and the Origins of the League Of

    The Ecumenical Movement and the Origins of the League Of

    IN SEARCH OF A GLOBAL, GODLY ORDER: THE ECUMENICAL MOVEMENT AND THE ORIGINS OF THE LEAGUE OF NATIONS, 1908-1918 A Dissertation Submitted to the Graduate School of the University of Notre Dame in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by James M. Donahue __________________________ Mark A. Noll, Director Graduate Program in History Notre Dame, Indiana April 2015 © Copyright 2015 James M. Donahue IN SEARCH OF A GLOBAL, GODLY ORDER: THE ECUMENICAL MOVEMENT AND THE ORIGINS OF THE LEAGUE OF NATIONS, 1908-1918 Abstract by James M. Donahue This dissertation traces the origins of the League of Nations movement during the First World War to a coalescent international network of ecumenical figures and Protestant politicians. Its primary focus rests on the World Alliance for International Friendship Through the Churches, an organization that drew Protestant social activists and ecumenical leaders from Europe and North America. The World Alliance officially began on August 1, 1914 in southern Germany to the sounds of the first shots of the war. Within the next three months, World Alliance members began League of Nations societies in Holland, Switzerland, Germany, Great Britain and the United States. The World Alliance then enlisted other Christian institutions in its campaign, such as the International Missionary Council, the Y.M.C.A., the Y.W.C.A., the Blue Cross and the Student Volunteer Movement. Key figures include John Mott, Charles Macfarland, Adolf Deissmann, W. H. Dickinson, James Allen Baker, Nathan Söderblom, Andrew James M. Donahue Carnegie, Wilfred Monod, Prince Max von Baden and Lord Robert Cecil.
  • Self-Defence in the Immediate Aftermath of the Adoption of the UN Charter

    Self-Defence in the Immediate Aftermath of the Adoption of the UN Charter

    UvA-DARE (Digital Academic Repository) Anticipatory action in self-defence: The law of self-defence - past, presence and future Tibori Szabó, K.J. Publication date 2010 Link to publication Citation for published version (APA): Tibori Szabó, K. J. (2010). Anticipatory action in self-defence: The law of self-defence - past, presence and future. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:01 Oct 2021 129 7 Self-defence in the immediate aftermath of the adoption of the UN Charter 7.1 Introduction The Charter of the United Nations set up a new world organization with several organs that were given executive, legislative, judicial and other functions. The declared objectives of the new organization were the maintenance of international peace and security, the development of friendly relations and international co-operation in solving international problems, as well as the promotion of human rights and fundamental freedoms.1 These goals were to be achieved through the work of the various organs of the UN, most importantly the Security Council, the General Assembly and the International Court of Justice.
  • Internationalism As a Current in the Peace Movement

    Internationalism As a Current in the Peace Movement

    internationalism as a current in the peace movement: a symposium It is apparent from the literature on the peace movement and diplo­ matic thought throughout this century that an exploration of the some­ times contradictory use of the word internationalism is in order. Not only has it been used for different purposes by competing factions of the anti­ war movement and political leaders, but it has differing connotations for historians. This symposium is a contribution to a discussion of the term. Instead of asking for an abstract formulation, the editors invited several scholars to consider the roles of internationalist ideas in the peace move­ ment in the hope that a functional definition might emerge, one which might stimulate formal analyses and eventuate in a working understand­ ing. By way of opening the discussion, the editors asked Sondra Herman, the author of Eleven Against War: Studies in American Internationalist Thought, 1898-1921 (Stanford: Hoover Institution, 1969) to identify some conceptual problems that arise from her analysis. From the last decade of the nineteenth Sondra Herman century through the first world war of the University of California, twentieth, a small but prominent group of Santa Cruz American intellectuals and peace advocates argued for a distinctive approach to foreign relations which they called international­ ism. They represented a minority of the articulate public, probably a minority of the peace societies. They advanced ideas that were being heard also in Europe, and they debated the forms of international organi­ zation for years before President Woodrow Wilson took up their cause. When Wilson did use international ideals in his explanation of American mediation policy, and later of American war aims, he adjusted them considerably to the national interest.
  • The Foreign Service Journal, September 1980

    The Foreign Service Journal, September 1980

    When you’re going overseas, you have enough to worry about without worrying about your insurance,too. Moving overseas can be a very traumatic time if you Moving overseas is simplified by the AFSA-sponsored don’t have the proper insurance. The fact is, the government insurance program for AFSA members. Our insurance will be responsible for only $15,000 worth of your belongings. program will take care of most of your worries. If any of your personal valuables such as cameras, jewelry, With our program, you can purchase as much property furs and fine arts are destroyed, damaged or stolen, you insurance as you feel you need at only 75tf per $100, and it would receive not the replacement cost of the goods, but only covers you for the replacement cost of household furniture a portion of what you’d have to pay to replace them. and personal effects that are destroyed, damaged or stolen, Claims processes are another headache you shouldn’t with no depreciation. You can also insure your valuable have to worry about. The government claims process is articles on an agreed amount basis, without any limitation. usually lengthy and requires investigation and AFSA coverage is worldwide, whether on business or documentation. pleasure. Should you have a problem, we provide simple, If you limit yourself to the protection provided under the fast, efficient claims service that begins with a simple phone Claims Act, you will not have worldwide comprehensive call or letter, and ends with payment in either U.S. dollars personal liability insurance, complete theft coverage or or local currency.
  • A State of Play: British Politics on Screen, Stage and Page, from Anthony Trollope To

    A State of Play: British Politics on Screen, Stage and Page, from Anthony Trollope To

    Fielding, Steven. "The People’s War and After." A State of Play: British Politics on Screen, Stage and Page, from Anthony Trollope to . : Bloomsbury Academic, 2014. 83–106. Bloomsbury Collections. Web. 25 Sep. 2021. <http://dx.doi.org/10.5040/9781472545015.ch-003>. Downloaded from Bloomsbury Collections, www.bloomsburycollections.com, 25 September 2021, 18:24 UTC. Copyright © Steven Fielding 2014. You may share this work for non-commercial purposes only, provided you give attribution to the copyright holder and the publisher, and provide a link to the Creative Commons licence. 3 The People’s War and After Germany invaded Poland on 1st September 1939, forcing a reluctant Neville Chamberlain to declare war two days later. Despite the Prime Minister’s attempt to limit its impact, the conflict set in train transformations that meant Britain would never be the same again. Whether the Second World War was the great discontinuity some historians claim – and the precise extent to which it radicalized the country – remain moot questions, but it undoubtedly changed many people’s lives and made some question how they had been governed before the conflict.1 The war also paved the way for Labour’s 1945 general election victory, one underpinned by the party’s claim that through a welfare state, the nationalization of key industries and extensive government planning it could make Britain a more equal society. The key political moment of the war came in late May and early June 1940 when Allied troops were evacuated from the beaches of Dunkirk. The fall of France soon followed, meaning Britain stood alone against Hitler’s forces and became vulnerable to invasion for the first time since Napoleon dominated Europe.
  • OBJ (Application/Pdf)

    OBJ (Application/Pdf)

    WOODROW WILSON; HIS ROLE IN THE AMERICAN REJECTION OF THE LEAGUE OF NATIONS A THESIS SUBMITTED TO THE FACULTY OF ATLANTA UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS BY ROSA RICE HADLEY DEPARTMENT OF HISTORY ATLANTA, GEORGIA MAY 1966 ia T 51 PREFACE This paper on the role of Thomas Woodrow Wilson in the American rejection of the League of Nations is an out¬ growth of an interest in the Lesgue of Nations. The bulk of this work was compiled from the speeches and utterances of Woodrow Wilson, Supplementary materials came from con¬ temporary writers, cabinet members, congressmen and jour¬ nalists of the Wilson Era. The author is deeply indebted to the staff of the Atlanta University and Atlanta Public Libraries for their aid and many courtesies extended during the research period of this work. Ü TABLE OF CONTENTS Page PREFACE ii Chapter I. INTRODUCTION 1 Introduction * 1 Wilson, The Man* * • « 7 The European Horizon Darkens U II, PRELUDE TO THE LEAGUE 17 Enumeration of Fourteen Points • • • • Wilson Appeals to the Voters .... 17 Wilson Goes to Europe • •** 22 Versailles Treaty ... 25 III. THE FIGHT OVER TREATY RATIFICATION ... 3k The President Comes Home With . His Covenant 34 "Wilson Goes to the People 43 The Stricken President . 47 The Senate Fight 48 Conclusions 50 BIBLIOGRAPHY 5k lii CHAPTER I INTRODUCTION Whenever one encounters any mention of the League of Nations, inevitably there is also mention of Woodrow Wilson, twenty-eigth President of the United States. Wilson has been called the parent of this organization although his own country failed to join.
  • APPENDIX .A. Note on the Present Position of the Munich Agreement of 29 September 1938

    APPENDIX .A. Note on the Present Position of the Munich Agreement of 29 September 1938

    APPENDIX .A. Note on the Present Position of the Munich Agreement of 29 September 1938 THE Munich Agreement, concluded between Germany, the United Kingdom, France and Italy for the cession of the Sudeten German territory by Czecho­ slovakia, although officially dated 29 September 1938, was in reality signed in the small hours of the morning of 30 September. l To it was annexed a declaration by the British and French Governments guaranteeing the new boundaries of the Czechoslovak state against unprovoked aggression. Germany and Italy also agreed to give a similar guarantee to Czechoslovakia 'when the question of the Polish and Hungarian minorities in Czechoslovakia had been settled'. It was further declared that the problems of these minorities in Czechoslovakia, if not settled within three months by agreement between the respective Governments, 'shall form the subject of another meeting of the Heads of the Governments of the four Powers here present'. Because of its nature, the Munich Agreement was not subject to the usual forms of ratification, and no provision for such procedure was included in its text. Parliamentary approval was accorded to Mr Chamberlain and to M. Daladier, on 6 and 5 October respectively, by means of votes of confidence but by the time these had been given in the House of Commons and the Chamber of Deputies the terms of the Munich Agreement were already a fait accompli. On 2 November 1938 the German and Italian Foreign Ministers, Ribben­ trop and Ciano, handed down the First Vienna Award, which, without consultation with, or reference to, the British and French Governments, adjudicated the fate of the Polish and Hungarian minorities in Czechoslovakia, in violation of the annexe to the Munich Agreement.2 The structure set up by the Munich Agreement was destroyed on 15 March 1939 when Hitler proclaimed that 'Czechoslovakia has ceased to exist'.
  • Members of Parliament Disqualified Since 1900 This Document Provides Information About Members of Parliament Who Have Been Disqu

    Members of Parliament Disqualified Since 1900 This Document Provides Information About Members of Parliament Who Have Been Disqu

    Members of Parliament Disqualified since 1900 This document provides information about Members of Parliament who have been disqualified since 1900. It is impossible to provide an entirely exhaustive list, as in many cases, the disqualification of a Member is not directly recorded in the Journal. For example, in the case of Members being appointed 5 to an office of profit under the Crown, it has only recently become practice to record the appointment of a Member to such an office in the Journal. Prior to this, disqualification can only be inferred from the writ moved for the resulting by-election. It is possible that in some circumstances, an election could have occurred before the writ was moved, in which case there would be no record from which to infer the disqualification, however this is likely to have been a rare occurrence. This list is based on 10 the writs issued following disqualification and the reason given, such as appointments to an office of profit under the Crown; appointments to judicial office; election court rulings and expulsion. Appointment of a Member to an office of profit under the Crown in the Chiltern Hundreds or the Manor of Northstead is a device used to allow Members to resign their seats, as it is not possible to simply resign as a Member of Parliament, once elected. This is by far the most common means of 15 disqualification. There are a number of Members disqualified in the early part of the twentieth century for taking up Ministerial Office. Until the passage of the Re-Election of Ministers Act 1919, Members appointed to Ministerial Offices were disqualified and had to seek re-election.
  • Haole Matters: an Interrogation of Whiteness in Hawai'i

    Haole Matters: an Interrogation of Whiteness in Hawai'i

    l/637 )(jJ~ 263 HAOLE MATTERS: AN INTERROGATION OF WHITENESS IN HAWAI'I A DISSERTATION SUBMITTED TO THE GRADUATE DMSION OF THE UNIVERSITY OF HAWAI'I IN PARTIAL FULFULLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN POLITICAL SCIENCE AUGUST 2005 By Judy L. Rohrer Dissertation Committee: Kathy E. Ferguson, Chairperson Phyllis Turnbull Noenoe K. Silva Jonathan Goldberg-Hiller David Stannard iii © Copyright 2005 by Judy L. Rohrer All Rights Reserved iv This work is dedicated with respect and aloha to the women who were, and are my inspiration ­ my grandmother, mother, and niece: Estella Acevedo Kasnetsis (1908-1975) Georgia Kasnetsis Acevedo (1938- ) Ho'ohila Estella Kawelo (2002-) v ACKNOWLEDGEMENTS It is impossible to thank all who contributed to this dissertation. I can only send a heartfelt mahalo out into the universe and trust it will light in the right places. For their unwavering support and guidance through this process, I thank my outstanding committee. My chair, Kathy Ferguson has been both friend and mentor, nurturing my theoretical growth, challenging stale thinking, and encouraging curiosity over moralizing. For all the parts of this dissertation that deal with Hawaiian culture and history and so many more, I am indebted to Noenoe Silva for her close read, gentle corrections, suggested sources, and inquisitive questions. Phyllis Turnbull has been my compass, always to the point ("rein itin, Bubba") and unfailingly supportive in times of doubt (''Breathe deeply. There is a god and she is still on our side"). Jon Goldberg~Hiller introduced me to critical legal theory and made the revolutionary s~ggestion that I defend ahead of schedule.