Cover

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Frontmatter

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Contents

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pp. vii-vii

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Preface

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pp. ix-x

This book contributes to the literature on American conceptions of race and citizenship from the perspective of the cultural history of law. My aim is to depict a specific language through which the racial character of civic belonging in the United States was understood from the late-nineteenth through the mid-twentieth century, a way of speaking and thinking that I call “juridical racialism.” In sketching the contours of this...

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Introduction

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pp. 1-21

Wittgenstein, is “to imagine a form of life.”1 This book examines how one aspect of our national life, the racial limits of American civic belonging, was imagined and brought into being through a culturally potent and in stitutionally productive language of law. I call that language “juridical racialism,” and I believe it was a basic feature of the history of American...

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1. Laws of Development, Laws of Land

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pp. 22-50

Although ethno-legal rhetoric has deep roots in the Western tradition, the discourse of juridical racialism formed in the United States only in the wake of the Civil War, when a confluence of historical developments created the ground for its emergence. Most important, the decades following the war saw the growing professionalization of a range of scientific and social scientific fields, and for anthropology, in particular...

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2. Teutonic Constitutionalism and the Spanish-American War

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pp. 51-80

The closing years of the nineteenth century began a new era in American history, one of overseas empire, brought into being through the Spanish-American War. In a host of ways, this new era grew from the national experience with American Indians examined in chapter 1. As an economic matter, the war provided increased access to overseas markets and so furthered the process of economic growth begun with the redistribution of Indian lands in the West. As an ideological matter, U.S. contact...

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3. The Biological Politics of Japanese Exclusion

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pp. 81-106

More than any other modern state, America traditionally has welcomed immigration, which forms its economic life-blood and provides the basis for the expansive conception of civic identity for which the country is known and admired today. The primary period under discussion in this chapter, the 1920s, however, witnessed a substantial departure from this tradition in relation to a group about which white Americans already...

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4. Culture, Personality, and Racial Liberalism

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pp. 107-130

Contractual juridical racialism rested not only on a political vision of Anglo-Saxon racial supremacy, but also on theories of economic liberty ascendant at a particular stage in American capitalism. The Supreme Court’s economic substantive due process jurisprudence and Madison Grant’s anti-environmentalist model of racial-legal character were mutually supporting positions shaping the racial boundaries of...

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Conclusion

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pp. 131-133

The opinion of the Court in Brown v. Board of Education effectively signaled the end of the juridical-racial tradition in American cultural history. With its reinterpretation of the meaning of the Fourteenth Amendment, the Court established new terms for the civic inclusion of racial minorities in American constitutional law and facilitated a thoroughgoing change in popular racial thought, ferrying the United States to...

Notes

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pp. 135-184

Index

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pp. 185-195

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About the Author

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pp. 197-197

Mark S. Weiner teaches constitutional law, legal history, and legal ethics at Rutgers School of Law in Newark, New Jersey. He is the author of...