View the Table of Contents.
Read the Introduction.
aIt addresses a powerful topic. It is a conceptually creative
piece of scholarship, forged from a sophisticated interdisciplinary
viewpoint.a
-- The Law and Politics Book Review
"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
"Juridical racialism is legal rhetoric infused with Anglo-Saxon
racial superiority and Weiner shows how it operated from the Gilded
Age to the decision in Brown v. Board of Education. Reading the
news, one wonders if it is not still operating today."
--John Brigham, University of Massachusetts, Amherst
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 Indiansin
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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