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• Introduction: Wartime emergency powers and martial law
• Prelude to martial law : security and the "Japanese problem"
• Final war planning for Hawaiʻi, 1939-1941 : martial law and selective internment
• Implementation of martial law and military government
• Life under general orders
• Control of labor
• "Drum-head justice"? : the military courts and the suspension of Habeas Corpus
• "An extreme degree of fear"
• Selective detention and removal
• Determining loyalty : review boards, questionnaires, and racial profiling
• The fate of the detainees
• Alarms and responses
• "Delineation" and restoration, 1942-1943
• The Habeas corpus cases : internment on trial
• New Habeas cases : the provost courts on trial
• Rising protests
• The termination of martial law
• The Duncan and White cases --\tWar's aftermath and the courts
• Conclusion.

Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians-citizens and alien residents alike-to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of ""selective, "" albeit preventive, detention. Army rule in Hawaii lasted until late 1944-making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and ""military necessity"" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary ""justice"" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime-and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.
(source: Nielsen Book Data)

• Prelude to martial law : security and the "Japanese problem"
• Final war planning for Hawaiʻi, 1939-1941 : martial law and selective internment
• Implementation of martial law and military government
• Life under general orders
• Control of labor
• "Drum-head justice" : the military courts and the suspension of habeas corpus
• An extreme degree of fear?
• Selective detention and removal
• Determining loyalty : review boards, questionnaires, and racial profiling
• The fate of the detainees
• Alarms and responses
• "Delineation" and restoration, 1942-1943
• The habeas corpus cases : internment on trial
• New habeas cases : the provost courts on trial
• Rising protests
• The termination of martial law
• The Duncan and White cases
• War's aftermath and the courts.

Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians-citizens and alien residents alike-to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of ""selective, "" albeit preventive, detention. Army rule in Hawaii lasted until late 1944-making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and ""military necessity"" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary ""justice"" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime-and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.
(source: Nielsen Book Data)

• LIST OF ILLUSTRATIONS ix ACKNOWLEDGMENTS xi A NOTE ON LANGUAGE AND TERMINOLOGY xiii ONE Introduction 3 PART ONE: ENCOUNTERS IN A CONTACT ZONE: NEW ENGLAND MISSIONARIES, LAWYERS, AND THE APPROPRIATION OF ANGLO-AMERICAN LAW, 1820-1852 TWO The Process of Legal Transformation 35 THREE The First Transition: Religious Law 63 FOUR The Second Transition: Secular Law 86 PART TWO: LOCAL PRACTICES OF POLICING AND JUDGING IN HILO, HAWAI'I FIVE The Social History of a Plantation Town 117 Six Judges and Caseloads in Hilo 145 SEVEN Protest and the Law on the Hilo Sugar Plantations 207 EIGHT Sexuality, Marriage, and the Management of the Body 221 NINE Conclusions 258 APPENDIXES A CASES FROM HILO DISTRICT COURT 269 B ACCOMPANYING TABLES 325 NOTES 331 REFERENCES 349 INDEX 365.
• (source: Nielsen Book Data)

How does law transform family, sexuality, and community, in the fractured social world characteristic of the colonizing process. This book examines 100 years of court records from a small Hawai`ian town, highlighting changes in every day social life, and the cultural power of law.
(source: Nielsen Book Data)
How does law transform family, sexuality, and community in the fractured social world characteristic of the colonizing process? The law was a cornerstone of the so-called civilizing process of nineteenth-century colonialism. It was simultaneously a means of transformation and a marker of the seductive idea of civilization. Sally Engle Merry reveals how, in Hawai'i, indigenous Hawaiian law was displaced by a transplanted Anglo-American law as global movements of capitalism, Christianity, and imperialism swept across the islands. The new law brought novel systems of courts, prisons, and conceptions of discipline and dramatically changed the marriage patterns, work lives, and sexual conduct of the indigenous people of Hawai'i.
(source: Nielsen Book Data)