Since independence in January 1962 several controversial court cases have exposed the dilemma which the Western Samoan government is facing balancing fa'a Samoa (Samoan customs and traditions) and Western rational-legal systems of authority. Western Samoa’s present legislative structure was adopted in 1962 providing two systems of legal resort to Samoans. When cases or disputes between individuals, ‘āiga (descent groups), nu’u (village), itū/mālō (district) and the national government are referred to the country’s court systems, parties may invoke either of these sources of authority to legitimise their actions and claims. The problem is particularly severe in the proceedings of the Land and Titles Court, a body legally constituted to deal with matters of traditional significance.
Table of ContentsChapter One: Traditional Authority -- Chapter Two: Land Alienation and the Civil Wars in Samoa 1828-1900 -- Chapter Three: The Solf administration and Samoan Government 1900-1903 -- Chapter Four: The Land and Titles Commission 1903-1914 -- Chapter Five: The New Zealand Military Administration 1914-1920 -- Chapter Six: New Zealand Rule and Samoan Nationalism 1921-1945 -- Chapter Seven: The Mixed-race Community in Samoan Affairs -- Chapter Eight: The Land and Titles Court -- Chapter Nine: The Legacy of the Century -- Bibliography -- Glossary
NotesIncludes bibliographical references (pages 398-419)
Awarding InstitutionMacquarie University
Degree TypeThesis PhD
DegreeThesis (PhD), Macquarie University, School of History, Philosophy and Politics, Politics Department, 1986
Department, Centre or SchoolPolitics Department
Year of Award1987
Principal SupervisorStewart Firth
Additional Supervisor 1Caroline Ralston
RightsCopyright disclaimer: https://www.mq.edu.au/copyright-disclaimer
Copyright Mālama Meleiseā 1986.
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Extent419 pages, viii leaves