Law and the Borders of Belonging in the Long Nineteenth Century United States

Law and the Borders of Belonging in the Long Nineteenth Century United States
Author: Barbara Young Welke
Publisher: Cambridge University Press
Total Pages: 256
Release: 2010-03-15
Genre: History
ISBN: 9780521761888

For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.

Law and the Borders of Belonging in the Long Nineteenth Century United States

Law and the Borders of Belonging in the Long Nineteenth Century United States
Author: Barbara Young Welke
Publisher: Cambridge University Press
Total Pages: 0
Release: 2010-03-08
Genre: History
ISBN: 9780521152259

For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.

Porous Borders

Porous Borders
Author: Julian Lim
Publisher: UNC Press Books
Total Pages: 321
Release: 2017-10-10
Genre: Social Science
ISBN: 146963550X

With the railroad's arrival in the late nineteenth century, immigrants of all colors rushed to the U.S.-Mexico borderlands, transforming the region into a booming international hub of economic and human activity. Following the stream of Mexican, Chinese, and African American migration, Julian Lim presents a fresh study of the multiracial intersections of the borderlands, where diverse peoples crossed multiple boundaries in search of new economic opportunities and social relations. However, as these migrants came together in ways that blurred and confounded elite expectations of racial order, both the United States and Mexico resorted to increasingly exclusionary immigration policies in order to make the multiracial populations of the borderlands less visible within the body politic, and to remove them from the boundaries of national identity altogether. Using a variety of English- and Spanish-language primary sources from both sides of the border, Lim reveals how a borderlands region that has traditionally been defined by Mexican-Anglo relations was in fact shaped by a diverse population that came together dynamically through work and play, in the streets and in homes, through war and marriage, and in the very act of crossing the border.

The Routledge Research Companion to Law and Humanities in Nineteenth-Century America

The Routledge Research Companion to Law and Humanities in Nineteenth-Century America
Author: Nan Goodman
Publisher: Taylor & Francis
Total Pages: 395
Release: 2017-05-12
Genre: Literary Criticism
ISBN: 1317042972

Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.

The Oxford Handbook of Legal History

The Oxford Handbook of Legal History
Author: Markus D. Dubber
Publisher: Oxford University Press
Total Pages: 1152
Release: 2018-08-02
Genre: Law
ISBN: 0192513133

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

They Don't Want Her There

They Don't Want Her There
Author: Carolyn Chalmers
Publisher: University of Iowa Press
Total Pages: 248
Release: 2022-04-27
Genre: Biography & Autobiography
ISBN: 1609388194

Decades before the #MeToo movement, Chinese American professor Jean Jew M.D. brought a lawsuit against the University of Iowa, alleging a sexually hostile work environment within the university's College of Medicine. As Jew gained accolades and advanced through the ranks at Iowa, she was met with increasingly vicious attacks on her character by her White male colleagues. After years of demoralizing sexual, racial, and ethnic discrimination, finding herself without any higher-up departmental support, and noting her professional progression beginning to suffer by the hands of hate, Jean Jew decided to fight back. Carolyn Chalmers was her lawyer. This book tells the inside story of pioneering litigation unfolding during the eight years of a university investigation, a watershed federal trial, and a state court jury trial. They Don't Want Her There is a brilliant, original work of legal history that is deeply personal and shows today's professional women just how recently some of our rights have been won--and at what cost.

Borders of Belonging

Borders of Belonging
Author: Heide Castañeda
Publisher: Stanford University Press
Total Pages: 382
Release: 2019-02-26
Genre: Social Science
ISBN: 1503607925

Borders of Belonging investigates a pressing but previously unexplored aspect of immigration in America—the impact of immigration policies and practices not only on undocumented migrants, but also on their family members, some of whom possess a form of legal status. Heide Castañeda reveals the trauma, distress, and inequalities that occur daily, alongside the stratification of particular family members' access to resources like education, employment, and health care. She also paints a vivid picture of the resilience, resistance, creative responses, and solidarity between parents and children, siblings, and other kin. Castañeda's innovative ethnography combines fieldwork with individuals and family groups to paint a full picture of the experiences of mixed-status families as they navigate the emotional, social, political, and medical difficulties that inevitably arise when at least one family member lacks legal status. Exposing the extreme conditions in the heavily-regulated U.S./Mexico borderlands, this book presents a portentous vision of how the further encroachment of immigration enforcement would affect millions of mixed-status families throughout the country.

Birthright Citizens

Birthright Citizens
Author: Martha S. Jones
Publisher: Cambridge University Press
Total Pages: 269
Release: 2018-06-28
Genre: History
ISBN: 1107150345

Explains the origins of the Fourteenth Amendment's birthright citizenship provision, as a story of black Americans' pre-Civil War claims to belonging.

America Under the Hammer

America Under the Hammer
Author: Ellen Hartigan-O'Connor
Publisher: University of Pennsylvania Press
Total Pages: 254
Release: 2024-11-05
Genre: History
ISBN: 1512826529

Reveals how, through auctions, early Americans learned capitalism As the first book-length study of auctions in early America, America Under the Hammer follows this ubiquitous but largely overlooked institution to reveal how, across the eighteenth and early nineteenth centuries, price became an accepted expression of value. From the earliest days of colonial conquest, auctions put Native land and human beings up for bidding alongside material goods, normalizing new economic practices that turned social relations into economic calculations and eventually became recognizable as nineteenth-century American capitalism. Starting in the eighteenth century, neighbors collectively turned speculative value into economic “facts” in the form of concrete prices for specific items, thereby establishing ideas about fair exchange in their communities. This consensus soon fractured: during the Revolutionary War, state governments auctioned loyalist property, weaponizing local group participation in pricing and distribution to punish political enemies. By the early nineteenth century, suspicion that auction outcomes were determined by manipulative auctioneers prompted politicians and satirists to police the boundaries of what counted as economic exchange and for whose benefit the economy operated. Women at auctions—as commodities, bidders, or beneficiaries—became a focal point for gendering economic value itself. By the 1830s, as abolitionists attacked the public sale of enslaved men, women, and children, auctions had enshrined a set of economic ideas—that any entity could be coded as property and priced through competition—that have become commonsense understandings all too seldom challenged. In contrast to histories focused on banks, currencies, or plantations, America Under the Hammer highlights an institution that integrated market, community, and household in ways that put gender, race, and social bonds at the center of ideas about economic worth. Women and men, enslaved and free, are active participants in this story rather than bystanders, and their labor, judgments, and bodies define the resulting contours of the American economy.

The Structural Limits of the Law

The Structural Limits of the Law
Author: Stephen M. Young
Publisher: Taylor & Francis
Total Pages: 184
Release: 2024-07-11
Genre: Law
ISBN: 1040092047

This book examines how, in response to crises, law tends to construct singular ‘events’ that obscure the underlying structural causes that any adequate response needs to acknowledge and address. Litigation is the main legal process that constructs events through a narrative that describes what happened and prescribes what should happen. Courts are theatres with competing stories and intense controversies. The legal event is compelling. But, through the examination of several cases from a range of jurisdictions, this book argues that the ability to construct and reconstruct legal events is so strong, appealing, and powerful that it limits our ability to engage in structural analysis. The difficulty of seeing beyond what is here called ‘the event horizon of legality’ interprets aspects of life as exceptional rather than structural, as it focuses attention on a limited range of possible causes, and so a limited range of possible interventions. So, if issues like famine, obesity, poverty, a rising cost of living, and climate change are even partially produced through non-eventful modalities of power, like colonialism, imperialism, or global capitalism, then, as this book analyzes, the event horizon of legality can only ensure that those issues continue. The book therefore calls for a critical re-evaluation of the role of law in shaping our representation of, and response, to crises; and so, for a rethinking of the power and promise of law. This original analysis of the operation of law will appeal to sociolegal scholars and legal theorists, as well as others working in relevant areas in critical and social theory.