Americans Without Law

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

The Paradox of Citizenship in American Politics

Author: Mehnaaz Momen
Publisher: Springer
ISBN: 3319615300
Format: PDF, Kindle
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“This remarkable book does the unusual: it embeds its focus in a larger complex operational space. The migrant, the refugee, the citizen, all emerge from that larger context. The focus is not the usual detailed examination of the subject herself, but that larger world of wars, grabs, contestations, and, importantly, the claimers and resisters.”— Saskia Sassen, Professor of Sociology, Columbia University, USA This thought-provoking book begins by looking at the incredible complexities of “American identity” and ends with the threats to civil liberties with the vast expansion of state power through technology. A must-read for anyone interested in the future of the promise and realities of citizenship in the modern global landscape.— Kevin R. Johnson, Dean, UC Davis School of Law, USA Momen focuses on the basic paradox that has long marked national identity: the divide between liberal egalitarian self-conception and persistent practices of exclusion and subordination. The result is a thought-provoking text that is sure to be of interest to scholars and students of the American experience. — Aziz Rana, Professor of Law, Cornell Law School, USA This book is an exploration of American citizenship, emphasizing the paradoxes that are contained, normalized, and strengthened by the gaps existing between proposed policies and real-life practices in multiple arenas of a citizen’s life. The book considers the evolution of citizenship through the journey of the American nation and its identity, its complexities of racial exclusion, its transformations in response to domestic demands and geopolitical challenges, its changing values captured in immigration policies and practices, and finally its dynamics in terms of the shift in state power vis-à-vis citizens. While it aspires to analyze the meaning of citizenship in America from the multiple perspectives of history, politics, and policy, it pays special attention to the critical junctures where rhetoric and reality clash, allowing for the production of certain paradoxes that define citizenship rights and shape political discourse.

White Enough to Be American

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

Law as Punishment Law as Regulation

Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804782113
Format: PDF, Kindle
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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.

Schooling Citizens

Author: Hilary J. Moss
Publisher: University of Chicago Press
ISBN: 0226542513
Format: PDF, ePub, Mobi
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While white residents of antebellum Boston and New Haven forcefully opposed the education of black residents, their counterparts in slaveholding Baltimore did little to resist the establishment of African American schools. Such discrepancies, Hilary Moss argues, suggest that white opposition to black education was not a foregone conclusion. Through the comparative lenses of these three cities, she shows why opposition erupted where it did across the United States during the same period that gave rise to public education. As common schooling emerged in the 1830s, providing white children of all classes and ethnicities with the opportunity to become full-fledged citizens, it redefined citizenship as synonymous with whiteness. This link between school and American identity, Moss argues, increased white hostility to black education at the same time that it spurred African Americans to demand public schooling as a means of securing status as full and equal members of society. Shedding new light on the efforts of black Americans to learn independently in the face of white attempts to withhold opportunity, Schooling Citizens narrates a previously untold chapter in the thorny history of America’s educational inequality.

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, ePub
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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.