Americans Without Law: The Racial Boundaries of Citizenship by Mark S. Weiner

By Mark S. Weiner

American citizens with no legislation indicates how the racial limitations of civic existence are in accordance with frequent perceptions in regards to the relative means of minority teams for felony habit, which Mark S. Weiner calls “juridical racialism.” The publication follows the historical past of this civic discourse by means of interpreting the criminal prestige of 4 minority teams in 4 successive ancient sessions: American Indians within the Eighties, Filipinos after the Spanish-American warfare, eastern immigrants within the Nineteen Twenties, and African americans within the Forties and 1950s.Weiner finds the importance of juridical racialism for every workforce and, in flip, american citizens as a complete by means of analyzing the paintings of anthropological social scientists who constructed special methods of figuring out racial and criminal id, and during judgements of the U.S. very best court docket that placed those ethno-legal perspectives into perform. Combining heritage, anthropology, and felony research, the publication argues that the tale of juridical racialism indicates how race and citizenship served as a nexus for the professionalization of the social sciences, the expansion of nationwide nation energy, monetary modernization, and glossy practices of the self.

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Their reigning rhetorical trope was the individual, the solitary economic self. ’”17 To foster such individualism, reformers attempted first and foremost to destroy the tribe as a presence in native experience. To this end, they sought the abolition of customary tribal law—the elimination of tribal jurisdiction over civil and criminal matters—and its replacement with American substantive and procedural principles. They further worked for the allotment of Indian tribal lands in severalty, the forced division of communal tribal property and its subsequent allocation to individuals.

27 The young Powell grew to manhood steeped in the Protestant vision of law, self, and society that would guide so many Indian reformers. When the Powell family moved to Ohio in the late 1830s and to what became the state of Wisconsin in the 1840s, he helped in the hard work of clearing the land and farming the prairie. As a son in a family whose prosperity and even survival depended on reliable knowledge of the environment, he developed the practical interest in natural history that became the driving force of his career.

Key elements of these patterns can only be revealed by a scholarly method that includes storytelling. 52 Narrative, whose determined structure gives details their symbolic resonance, best uncovers the patterns of meaning underlying juridical-racial rhetoric and the life-histories of those who employed it. Whether as a civic myth or ideologeme, juridical racialism itself found expression not only as a discrete conceptual principle but also, even most memorably, in narrative form. The following chapters thus blend traditional academic analysis with storytelling, but storytelling of a particular kind, concerned with ex- Introduction | 21 amining the symbolic patterns that lie beyond the full understanding of individuals and so excavating and recuperating past coherent systems of meaning.

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