Americans Without Law: The Racial Boundaries of Citizenship

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Overview

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.
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Editorial Reviews

From the Publisher

“It addresses a powerful topic. It is a conceptually creative piece of scholarship, forged from a sophisticated interdisciplinary viewpoint.”
-The Law and Politics Book Review

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“Commendably and profoundly, the author maps the numerous uncharted waters of racial discrimination showing how anthropology and culture intermix with law to form wide-ranging and lasting policies of exclusion.”
-New York Law Review

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“A rich and exceptionally clear account of the meaning-making context and constitution of citizenship.”
-Christine Harrington,Institute for Law and Society, New York University

“Mark Weiner provides a rare and radical insight into the racial structures of American law. Reading this racial history through the rhetoric of case law decisions—juridical racialism—provides a dramatic sense of the anthropological scope of what law has done and potentially continues to do.”
-Peter Goodrich,Cardozo School of Law

“An enthralling mixture of personages and cases that reveals much about the intimate combining of law and “American” imperialism, including the complicities of scholarship.”
-Peter Fitzpatrick,Birkbeck School of Law, University of London

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Product Details

  • ISBN-13: 9780814793657
  • Publisher: New York University Press
  • Publication date: 12/1/2008
  • Edition description: New Edition
  • Pages: 205
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.60 (d)

Meet the Author

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.

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Table of Contents

1 Laws of development, laws of land 22
2 Teutonic constitutionalism and the Spanish-American war 51
3 The biological politics of Japanese exclusion 81
4 Culture, personality, and racial liberalism 107
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