Ho'i Ho'i Ka' Na' Wai: To Return, to Restore Law or Code, to Obey a Law; to Learn from Experience

Abstract

While U.S based contracts are written concerning the recognition and rights of Native Hawaiians, such policies often become overshadowed and undermined by private and commercial self-interest.  Additionally, although such contracts are meet upon and discussed amongst State and Native Hawaiian group leaders - defense, sustainment and enactment concerning such contracts continue to be ignored, negated or questioned in their legitimacy.  As an effect, both recognition and legislative steps toward resolve continuously fall under judicial scrutiny thus reverting back to token ambiguousness.  

The goal of this essay is to stringently yet constructively assess the attempts made to answer for past wrongs incurred on the Native Hawaiian people and how such attempts are being applied to the present situation.  As such, this writing will be: 1) A philosophical inquiry concerning recognition as both foundational and implicit concerning the formulation restorative justice.  Specifically, as it pertains to mutually established intentions and commitments made by State institutions to particular groups. 3) A recovered preliminary of The Apology Resolution of 1993 and the case of State of Hawaii vs. The Office of Hawaiian Affairs (No. 07-1372).  3) The dynamics and distributive properties of restorative justice consistent with recognition-based reformative action(s) and paradigms of pragmatic resolution.  4) The ratio politica of Native Hawaiian rights and the State concerning recognition, restorative justice and resolution.