Kānāwai Māmalahoe

lang}}, on a plaque under the Kamehameha statues

{{#invoke:Lang|lang}}, or Law of the Splintered Paddle (also translated Law of the Splintered Oar), also known as {{#invoke:Lang|lang}}, translated as sanctity of life law, 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 during times of war.<ref name="hawaii1">Template:Cite book</ref>

The law was created as a result of an incident when Kamehameha was on a military expedition in Puna. His party encountered a group of commoners on a beach. While chasing two fishermen who had stayed behind to cover the retreat of a man carrying a child, Kamehameha's leg was caught in the reef. One of the fisherman, Kaleleiki, hit him mightily on the head with a paddle in defense, which broke into pieces. Kamehameha could have been killed at that point, but the fisherman spared him. 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.<ref name="hawaii1" /><ref>Hawaiian Historical Legends: XVII. The Law of the Splintered Paddle. Sacred-texts.com. Retrieved 17 October 2011.</ref>

Text

The complete original 1797 law in Hawaiian

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English translation

Law of the Splintered Paddle:

Oh people,
Honor thy god;
respect alike [the rights of] people both great and humble;
May everyone, from the old men and women to the children
Be free to go forth and lie in the road (i.e. by the roadside or pathway)
Without fear of harm.
Break this law, and die.{{#if:|

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Cultural context

{{#invoke:Lang|lang}} was not a completely new invention of Kamehameha I, but rather an articulation of concepts regarding governmental legitimacy that had been held in Hawaiʻi for many prior generations. Countless stories abound in Hawaiian folklore of the removal of chiefs<ref>Hawaiian Mythology: Part Three. The Chiefs: XXVIII. Usurping Chiefs. Sacred-texts.com. Retrieved 17 October 2011.</ref> – generally, but not always, through popular execution – as a result of mistreatment of the common people,<ref>'Aumakua of Kona, O'ahu. Kapi'olani Community College. kcc.hawaii.edu</ref> who have traditionally been intolerant of bad government. Both 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

{{#invoke:Lang|lang}} has been applied to Hawaiian rights, elder law, children's rights, homeless advocacy, and bicyclist safety.<ref>COMMENT: Ke Kanawai Mamalahoe: Equality in Our Splintered Profession Template:Webarchive. Litigation-essentials.lexisnexis.com. Retrieved 17 October 2011.</ref><ref>JK Endurance: Cool Hawaii Biking Jersey @RideAloha #bikejersey Template:Webarchive. Jkendurance.blogspot.com (21 July 2011). Retrieved 17 October 2011.</ref> It also appears as a symbol of crossed paddles in the center of the badge of the Honolulu Police Department.<ref>The HPD Badge Template:Webarchive. Honolulupd.org (17 July 2011). Retrieved 17 October 2011.</ref> Since 1955, the Chamber of Commerce of HawaiTemplate:Okinai has inducted local and national figures into the "Order of the Splintered Paddle" to recognize contributions to community welfare. The first recipient was President Dwight D. Eisenhower.<ref>Template:Cite news</ref>

It is an unofficial symbol of the William S. Richardson School of Law, reflecting its ethos for legal education. As such, particularly in consideration of the human rights concerns of the Hawaiian sovereignty movement (in which the annexation and establishment of the State of Hawaii is generally viewed as illegal because it was accomplished through legislation instead of a separate treaty<ref>Part 3: Hawaii vs. U.S. Imperialism Template:Webarchive. Pinkyshow.org. Retrieved 17 October 2011.</ref>), {{#invoke:Lang|lang}} has been the subject of extended controversy.<ref>Some Aspects Of Law In Hawaii. Paclii.org. Retrieved 17 October 2011.</ref><ref name="Padeken-Heck1998">Template:Cite book</ref>

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,Template:Sfn<ref>Executive Order No. 11-21. hawaii.gov</ref> many of whom reside upon ancestral lands that have been converted to public use or private property under State law.<ref>Template:Cite news</ref> The Honolulu Star-Advertiser published an editorial discussing modern-day application of the Law of the Splintered Paddle to contemporary homeless populations living in Hawaii.<ref>Template:Cite news</ref> The editorial advocated for support of House Bill 1889 introduced in the Hawaii legislature in 2014 and recognized a homeless persons' bill of rights.<ref>Template:Cite act</ref>