Americans Without Law: The Racial Boundaries of CitizenshipAmericans 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. |
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Página 17
Associated, among others, with Harvard Law School professor Roscoe Pound and Justice Oliver Wendell Holmes, Jr., the sociological movement in law asserted that judges should take the actual social impact of their decisions into ...
Associated, among others, with Harvard Law School professor Roscoe Pound and Justice Oliver Wendell Holmes, Jr., the sociological movement in law asserted that judges should take the actual social impact of their decisions into ...
Página 24
Their reigning rhetorical trope was the individual, the solitary economic self. As Indian Affairs Commissioner John Oberly asserted in 1888, the Indian must “be imbued with the exalting egotism of American 24 | Laws of Development, ...
Their reigning rhetorical trope was the individual, the solitary economic self. As Indian Affairs Commissioner John Oberly asserted in 1888, the Indian must “be imbued with the exalting egotism of American 24 | Laws of Development, ...
Página 30
“In the whole area of the United States, not including Alaska,” he asserted, “there is not an important valley unoccupied by white men. The rapid spread of civilization since 1849 has placed the white man and the Indian in direct ...
“In the whole area of the United States, not including Alaska,” he asserted, “there is not an important valley unoccupied by white men. The rapid spread of civilization since 1849 has placed the white man and the Indian in direct ...
Página 34
By asserting a particular narrative of cultural and legal transformation, the developmentalists of Powell's day were making a claim not only to knowledge per se but also to professional knowledge. Like the Brahmins involved in civil ...
By asserting a particular narrative of cultural and legal transformation, the developmentalists of Powell's day were making a claim not only to knowledge per se but also to professional knowledge. Like the Brahmins involved in civil ...
Página 37
That doctrine asserted that Congressional authority over natives was absolute: not only did Congress hold power over indigenous peoples above and against individual states, but that power also was more or less unlimited.
That doctrine asserted that Congressional authority over natives was absolute: not only did Congress hold power over indigenous peoples above and against individual states, but that power also was more or less unlimited.
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Contenido
| 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 |
Otras ediciones - Ver todas
Americans Without Law: The Racial Boundaries of Citizenship Mark S. Weiner Vista previa limitada - 2008 |
Americans Without Law: The Racial Boundaries of Citizenship Mark S. Weiner Sin vista previa disponible - 2006 |
Términos y frases comunes
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
Pasajes populares
Página 29 - ... the faith is true and adorable which leads a soldier to throw away his life in obedience to a blindly accepted duty, in a cause which he little understands, in a plan of campaign of which he has no notion, under tactics of which he does not see the use.
Página 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.
Página 76 - A false step at this time might be fatal to the development of what Chief Justice Marshall called the American Empire. Choice in some cases, the natural gravitation of small bodies towards large ones in others, the result of a successful war in still others, may bring about conditions which would render the annexation of distant possessions desirable. If those possessions are inhabited by alien races, differing from us in religion, customs, laws, methods of taxation and modes...
Página 129 - In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms. We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority...
Página 74 - Whether a particular race will or will not assimilate with our people, and whether they can or cannot with safety to our institutions be brought within the operation of the Constitution, is a matter to be thought of when it is proposed to acquire their territory by treaty.
Página 130 - Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
Página 125 - Court relied in large part on "those qualities which are incapable of objective measurement but which make for greatness in a law school.
Página 44 - ... savage life, from the authority and power which seeks to impose upon them the restraints of an external and unknown code, and to subject them to the responsibilities of civil conduct, according to rules and penalties of which they could have no previous warning; which judges them by a standard made...
Página 177 - Deutscher and Chein, The Psychological Effects of Enforced Segregation: A Survey of Social Science Opinion, 26 J. Psychol. 259 (1948); Chein, What are the Psychological Effects of Segregation Under Conditions of Equal Facilities?, 3 Int.
Página 137 - Edmund S. Morgan, American Slavery, American Freedom: The Ordeal of Colonial Virginia (New York: WW Norton & Company, 1975); Orlando Patterson, Slavery and Social Death: A Comparative Study (Cambridge, Mass.: Harvard University Press, 1982). 21. Joan W. Scott, "The Evidence of Experience," Critical Inquiry 17 (Summer 1991): 776.
Información bibliográfica
| Título | Americans Without Law: The Racial Boundaries of Citizenship |
| Autor | Mark S. Weiner |
| Edición | comentada |
| Editor | NYU Press, 2006 |
| ISBN | 0814793649, 9780814793640 |
| Largo | 197 páginas |
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