americans without law the racial boundaries of citizenship

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Americans Without Law

Author : Mark S. Weiner
ISBN : 9780814793657
Genre : Law
File Size : 80. 93 MB
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Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls “juridical racialism.” The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indians in the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s. Weiner reveals the significance of juridical racialism for each group and, in turn, Americans as a whole by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.

Law As Punishment Law As Regulation

Author : Austin Sarat
ISBN : 9780804782111
Genre : Law
File Size : 80. 90 MB
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Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.

Manifest Destinies

Author : Laura E. Gómez
ISBN : 9780814731741
Genre : History
File Size : 90. 24 MB
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Watch the Author Interview on KNME In both the historic record and the popular imagination, the story of nineteenth-century westward expansion in America has been characterized by notions of annexation rather than colonialism, of opening rather than conquering, and of settling unpopulated lands rather than displacing existing populations. Using the territory that is now New Mexico as a case study, Manifest Destinies traces the origins of Mexican Americans as a racial group in the United States, paying particular attention to shifting meanings of race and law in the nineteenth century. Laura E. Gómez explores the central paradox of Mexican American racial status as entailing the law's designation of Mexican Americans as &#“white” and their simultaneous social position as non-white in American society. She tells a neglected story of conflict, conquest, cooperation, and competition among Mexicans, Indians, and Euro-Americans, the region’s three main populations who were the key architects and victims of the laws that dictated what one’s race was and how people would be treated by the law according to one’s race. Gómez’s path breaking work—spanning the disciplines of law, history, and sociology—reveals how the construction of Mexicans as an American racial group proved central to the larger process of restructuring the American racial order from the Mexican War (1846–48) to the early twentieth century. The emphasis on white-over-black relations during this period has obscured the significant role played by the doctrine of Manifest Destiny and the colonization of northern Mexico in the racial subordination of black Americans.

The Rule Of The Clan

Author : Mark S. Weiner
ISBN : 9781466836389
Genre : Political Science
File Size : 21. 90 MB
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A revealing look at the role kin-based societies have played throughout history and around the world A lively, wide-ranging meditation on human development that offers surprising lessons for the future of modern individualism, The Rule of the Clan examines the constitutional principles and cultural institutions of kin-based societies, from medieval Iceland to modern Pakistan. Mark S. Weiner, an expert in constitutional law and legal history, shows us that true individual freedom depends on the existence of a robust state dedicated to the public interest. In the absence of a healthy state, he explains, humans naturally tend to create legal structures centered not on individuals but rather on extended family groups. The modern liberal state makes individualism possible by keeping this powerful drive in check—and we ignore the continuing threat to liberal values and institutions at our peril. At the same time, for modern individualism to survive, liberals must also acknowledge the profound social and psychological benefits the rule of the clan provides and recognize the loss humanity sustains in its transition to modernity. Masterfully argued and filled with rich historical detail, Weiner's investigation speaks both to modern liberal societies and to developing nations riven by "clannism," including Muslim societies in the wake of the Arab Spring.

The Boundaries Of Citizenship

Author : Jeff Spinner
ISBN : 0801852390
Genre : Political Science
File Size : 29. 86 MB
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Liberalism has traditionally been equated with protecting the rights of the individual. But how does this protection affect the cultural identity of these individuals? In The Boundaries of Citizenship Jeff Spinner addresses this question by examining distinctive racial, ethnic, and national groups whose identities may be transformed in liberal society. Focusing on the Amish, Hasidic Jews, and African Americans in the United States and on the Quebecois in Canada, Spinner explores the paradox of how liberal values such as equality and individual autonomy—which members of cultural groups often fight to attain—can lead to the unexpected transformation of the group's identity. Spinner shows how liberalism fosters this transformation by encouraging the dispersal of the group's cultural practices throughout society. He examines why groups that reject the liberal values of equality and autonomy are the most successful at retaining their distinctive cultural identity. He finds, however, that these groups also fit—albeit uneasily—in the liberal state. Spinner concludes that citizens are benefitted more than harmed by liberalism's tendency to alter cultural boundaries. The Boundaries of Citizenship is a timely look at how cultural identities are formed and transformed—and why the political implications of this process are so important. The book will be of interest to readers in a broad range of academic disciplines, including political science, law, history, sociology, and cultural studies.

Race Citizenship And Law In American Literature

Author : Gregg D. Crane
ISBN : 0521010934
Genre : Literary Criticism
File Size : 79. 96 MB
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Examines the interaction between civic identity, race and justice in American law and literature.

American Book Publishing Record

Author :
ISBN : UOM:39015066180400
Genre : American literature
File Size : 58. 41 MB
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White Enough To Be American

Author : Lauren L. Basson
ISBN : 9781469606439
Genre : Social Science
File Size : 34. 81 MB
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Racial mixture posed a distinct threat to European American perceptions of the nation and state in the late nineteenth century, says Lauren Basson, as it exposed and disrupted the racial categories that organized political and social life in the United States. Offering a provocative conceptual approach to the study of citizenship, nationhood, and race, Basson explores how racial mixture challenged and sometimes changed the boundaries that defined what it meant to be American. Drawing on government documents, press coverage, and firsthand accounts, Basson presents four fascinating case studies concerning indigenous people of "mixed" descent. She reveals how the ambiguous status of racially mixed people underscored the problematic nature of policies and practices based on clearly defined racial boundaries. Contributing to timely discussions about race, ethnicity, citizenship, and nationhood, Basson demonstrates how the challenges to the American political and legal systems posed by racial mixture helped lead to a new definition of what it meant to be American--one that relied on institutions of private property and white supremacy.

From The Grassroots To The Supreme Court

Author : Peter F. Lau
ISBN : 0822334496
Genre : History
File Size : 81. 88 MB
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DIVCombines legal and historical analysis to address the implications of Brown v. Board of Education , showing that the resolution of racial segregation in schools transformed the lives of ordinary citizens in broader ways than has previously been ass/div

American Indians And State Law

Author : Deborah A. Rosen
ISBN : 9780803239685
Genre : History
File Size : 70. 39 MB
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American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy. This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.

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