Americans Without Law

Author: Mark S. Weiner
Publisher: NYU Press
ISBN: 0814793657
Format: PDF, Kindle
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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.

The Boundaries of Citizenship

Author: Jeff Spinner
Publisher: JHU Press
ISBN: 9780801852398
Format: PDF, ePub
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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.

How Race Is Made in America

Author: Natalia Molina
Publisher: Univ of California Press
ISBN: 0520280075
Format: PDF, Mobi
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How Race Is Made in America examines Mexican Americans—from 1924, when American law drastically reduced immigration into the United States, to 1965, when many quotas were abolished—to understand how broad themes of race and citizenship are constructed. These years shaped the emergence of what Natalia Molina describes as an immigration regime, which defined the racial categories that continue to influence perceptions in the United States about Mexican Americans, race, and ethnicity. Molina demonstrates that despite the multiplicity of influences that help shape our concept of race, common themes prevail. Examining legal, political, social, and cultural sources related to immigration, she advances the theory that our understanding of race is socially constructed in relational ways—that is, in correspondence to other groups. Molina introduces and explains her central theory, racial scripts, which highlights the ways in which the lives of racialized groups are linked across time and space and thereby affect one another. How Race Is Made in America also shows that these racial scripts are easily adopted and adapted to apply to different racial groups.

Law as Punishment Law as Regulation

Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804782113
Format: PDF, Docs
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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
Publisher: NYU Press
ISBN: 0814731740
Format: PDF
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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.

White Enough to Be American

Author: Lauren L. Basson
Publisher: UNC Press Books
ISBN: 1469606437
Format: PDF
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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.

Beyond Citizenship

Author: Peter J. Spiro
Publisher: Oxford University Press
ISBN: 9780199722259
Format: PDF
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American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here, either through birth or residence. The territorial premises for citizenship have worked to resolve the peculiar challenges of American identity. But globalization is detaching identity from location. What used to define American was rooted in American space. Now one can be anywhere and be an American, politically or culturally. Against that backdrop, it becomes difficult to draw the boundaries of human community in a meaningful way. Longstanding notions of democratic citizenship are becoming obsolete, even as we cling to them. Beyond Citizenship charts the trajectory of American citizenship and shows how American identity is unsustainable in the face of globalization. Peter J. Spiro describes how citizenship law once reflected and shaped the American national character. Spiro explores the histories of birthright citizenship, naturalization, dual citizenship, and how those legal regimes helped reinforce an otherwise fragile national identity. But on a shifting global landscape, citizenship status has become increasingly divorced from any sense of actual community on the ground. As the bonds of citizenship dissipate, membership in the nation-state becomes less meaningful. The rights and obligations distinctive to citizenship are now trivial. Naturalization requirements have been relaxed, dual citizenship embraced, and territorial birthright citizenship entrenched--developments that are all irreversible. Loyalties, meanwhile, are moving to transnational communities defined in many different ways: by race, ethnicity, gender, religion, age, and sexual orientation. These communities, Spiro boldly argues, are replacing bonds that once connected people to the nation-state, with profound implications for the future of governance. Learned, incisive, and sweeping in scope, Beyond Citizenship offers a provocative look at how globalization is changing the very definition of who we are and where we belong.

Fit to be Citizens

Author: Natalia Molina
Publisher: Univ of California Press
ISBN: 9780520246485
Format: PDF, ePub, Mobi
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Shows how science and public health shaped the meaning of race in the early twentieth century. Examining the experiences of Mexican, Japanese, and Chinese immigrants in Los Angeles, this book illustrates the ways health officials used complexly constructed concerns about public health to demean, diminish, discipline, and define racial groups.

The Rule of the Clan

Author: Mark S. Weiner
Publisher: Farrar, Straus and Giroux
ISBN: 1466836385
Format: PDF
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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.