Americans Without Law: The Racial Boundaries of Citizenship

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NYU Press, 2006 - Law - 197 pages
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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.

 

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Contents

1 Laws of Development Laws of Land
22
2 Teutonic Constitutionalism and the SpanishAmerican War
51
3 The Biological Politics of Japanese Exclusion
81
4 Culture Personality and Racial Liberalism
107
Conclusion
131
Notes
135
Index
185
About the Author
197
Copyright

Other editions - View all

Americans Without Law: The Racial Boundaries of Citizenship
Mark S. Weiner
Limited preview - 2008
Americans Without Law: The Racial Boundaries of Citizenship
Mark S. Weiner
No preview available - 2006

Common terms and phrases

56th Congress Alien Ameri American civic American Dilemma American Indians analysis Anglo-Saxon anthropology argued Asian asserted authority Boas’s Boasian Brandeis Cambridge century Chae Chan Ping chapter citizenship civil concerns Congress Constitution Crimes Act Crow Dog Dawes Act decision developmentalist doctrine economic ethno-legal Ethnology Evolution federal Franz Boas George Sutherland Government Printing Office groups Gunnar Myrdal Harvard Henry Billings Brown Henry Cabot Lodge Indian Affairs Indian Policy institutional insular intellectual Japan John Wesley Powell juridical racialism juridical-racial jurisprudence Justice Brown Justice Sutherland Kagama Land Law late-nineteenth Law Review liberal Lodge’s Madison Grant Miller modern Morgan native natural Negro Nordic Ozawa Philippines political Powell’s principles professional psychological Puerto Rico race reform relation rhetoric scholars social science social scientific society Spanish-American specific status Supreme Court Takao Ozawa territories Teutonic origins thesis theory tion tradition treaty tribes United University Press vision Washington wrote York

Popular passages

Page 13 - Civilization, taken in its wide ethnographic sense, is that complex whole which includes knowledge, belief, art, morals, law, custom, and any other capabilities and habits acquired by man as a member of society.
Appears in 1069 books from 1859-2008

About the author (2006)

Mark S. Weiner is Professor of Law at Rutgers School of Law, Newark. He is the author of Black Trials: Citizenship from the Beginnings of Slavery to the End of Caste, winner of the American Bar Association's 2005 Silver Gavel Award.

Bibliographic information

QR code for Americans Without Law
TitleAmericans Without Law: The Racial Boundaries of Citizenship
Book collections on Project MUSE
AuthorMark S. Weiner
Editionannotated
PublisherNYU Press, 2006
ISBN0814793649, 9780814793640
Length197 pages
Subjects › 

Law / Civil Rights
Law / General
  
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