Results by title

320 books match the query 'Legal status, laws, etc' and 6 start with h

cover of Hawaiian Blood: Colonialism and the Politics of Sovereignty and Indigeneity

Hawaiian Blood

Colonialism and the Politics of Sovereignty and Indigeneity

J. Kauanui Kahaulani

Duke University Press, 2008

In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined “native Hawaiians” as those people “with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778.” This “blood logic” has since become an entrenched part of the legal system in Hawai‘i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage “dilutes” the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership.

Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.

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cover of Heaven's Soldiers: Free People of Color and the Spanish Legacy in Antebellum Florida

Heaven's Soldiers

Free People of Color and the Spanish Legacy in Antebellum Florida

Frank Marotti

University of Alabama Press, 2013

Heaven’s Soldiers chronicles the history of a community of free people of African descent who lived and thrived, while resisting the constraints of legal bondage, in East Florida in the four decades leading up to the Civil War.

Historians have long attributed the relatively flexible system of race relations in pre–Civil War East Florida to the area’s Spanish heritage. While acknowledging the importance of that heritage, this book gives more than the usual emphasis to the role of African American agency in exploiting the limited opportunities that such a heritage permitted.
 
Spanish rule presented institutions and customs that talented, ambitious, and fortunate individuals might, and did, exploit. Although racial prejudice was never absent, persons of color aspired to lives of dignity, security, and prosperity. Frank Marotti’s subjects are the free people of African descent in the broad sense of the term “free,” that is, not just those who were legally free, but all those who resisted the constraints of legal bondage and otherwise asserted varying degrees of control over themselves and their circumstances. Collectively, this population was indispensable to the evolution of the existing social order.
 
In Heaven’s Soldiers, Marotti studies four pillars of black liberty that emerged during Spain’s rule and continued through the United States’ acquisition of Florida in 1821: family ties to the white community, manumission, military service, and land ownership. The slaveowning culture of the United States eroded a number of these pillars, though black freedom and agency abided in ways unparalleled anywhere else in the pre–Civil War United States. Indeed, a strong black martial tradition arguably helped to topple Florida’s slave-holding regime, leading up to the start of the Civil War.
 
Marotti surveys black opportunities and liabilities under the Spaniards; successful defenses of black rights in the 1820s as well as chilling statutory assaults on those rights; the black community’s complex involvement in the Patriot War and the Second Seminole War; black migration in the two decades leading up to the US Civil War; and African American efforts to preserve marriage and emancipation customs, and black land ownership.
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cover of Hiding in Plain Sight: Black Women, the Law, and the Making of a White Argentine Republic

Hiding in Plain Sight

Black Women, the Law, and the Making of a White Argentine Republic

Erika Denise Edwards

University of Alabama Press, 2020

WINNER OF THE ASSOCIATION OF BLACK WOMEN HISTORIANS 2020 LETITIA WOODS-BROWN AWARD FOR THE BEST BOOK IN AFRICAN AMERICAN WOMEN'S HISTORY 

WINNER OF THE WESTERN ASSOCIATION OF WOMEN HISTORIAN'S BARBARA “PENNY” KANNER AWARD

2021 FINALIST FOR THE HARRIET TUBMAN BOOK PRIZE

2020 FINALIST BERSHIRE CONFERENCE OF WOMEN HISTORIANS BOOK PRIZE

Uncovering the Afro-Argentine women behind the myth of a white nation.

Argentina promotes itself as a country of European immigrants. This makes it an exception to other Latin American countries, which embrace a more mixed—African, Indian, European—heritage. Hiding in Plain Sight: Black Women, the Law, and the Making of a White Argentine Republic traces the origins of what some white Argentines mischaracterize as a “black disappearance” by delving into the intimate lives of black women and explaining how they contributed to the making of a “white” Argentina. Erika Denise Edwards has produced the first comprehensive study in English of the history of African descendants outside of Buenos Aires in the late colonial and early republican periods, with a focus on how these women sought whiteness to better their lives and that of their children.

Edwards argues that attempts by black women to escape the stigma of blackness by recategorizing themselves and their descendants as white began as early as the late eighteenth century, challenging scholars who assert that the black population drastically declined at the end of the nineteenth century because of the whitening or modernization process. She further contends that in Córdoba, Argentina, women of African descent (such as wives, mothers, daughters, and concubines) were instrumental in shaping their own racial reclassifications and destinies.

This volume makes use of a wealth of sources to relate these women’s choices. The sources consulted include city censuses and notarial and probate records that deal with free and enslaved African descendants; criminal, ecclesiastical, and civil court cases; marriages and baptisms records and newsletters. These varied sources provide information about the day-to-day activities of cordobés society and how women of African descent lived, formed relationships, thrived, and partook in the transformation of racial identities in Argentina.
 

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cover of Homosexual Desire in Revolutionary Russia: The Regulation of Sexual and Gender Dissent

Homosexual Desire in Revolutionary Russia

The Regulation of Sexual and Gender Dissent

Dan Healey

University of Chicago Press, 2001

The first full-length study of same-sex love in any period of Russian or Soviet history, Homosexual Desire in Revolutionary Russia investigates the private worlds of sexual dissidents during the pivotal decades before and after the 1917 Bolshevik Revolution. Using records and archives available to researchers only since the fall of Communism, Dan Healey revisits the rich homosexual subcultures of St. Petersburg and Moscow, illustrating the ambiguous attitude of the late Tsarist regime and revolutionary rulers toward gay men and lesbians. Homosexual Desire in Revolutionary Russia reveals a world of ordinary Russians who lived extraordinary lives and records the voices of a long-silenced minority.
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cover of Human Rights and Gender Violence: Translating International Law into Local Justice

Human Rights and Gender Violence

Translating International Law into Local Justice

Sally Engle Merry

University of Chicago Press, 2005

Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice.

As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression.

A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.
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cover of Human Rights in the Maya Region: Global Politics, Cultural Contentions, and Moral Engagements

Human Rights in the Maya Region

Global Politics, Cultural Contentions, and Moral Engagements

Pedro Pitarch, Shannon Speed, and Xochitl Leyva Solano, eds.

Duke University Press, 2008

In recent years Latin American indigenous groups have regularly deployed the discourse of human rights to legitimate their positions and pursue their goals. Perhaps nowhere is this more evident than in the Maya region of Chiapas and Guatemala, where in the last two decades indigenous social movements have been engaged in ongoing negotiations with the state, and the presence of multinational actors has brought human rights to increased prominence. In this volume, scholars and activists examine the role of human rights in the ways that states relate to their populations, analyze conceptualizations and appropriations of human rights by Mayans in specific localities, and explore the relationship between the individualist and “universal” tenets of Western-derived concepts of human rights and various Mayan cultural understandings and political subjectivities.

The collection includes a reflection on the effects of truth-finding and documenting particular human rights abuses, a look at how Catholic social teaching validates the human rights claims advanced by indigenous members of a diocese in Chiapas, and several analyses of the limitations of human rights frameworks. A Mayan intellectual seeks to bring Mayan culture into dialogue with western feminist notions of women’s rights, while another contributor critiques the translation of the United Nations Declaration of Human Rights into Tzeltal, an indigenous language in Chiapas. Taken together, the essays reveal a broad array of rights-related practices and interpretations among the Mayan population, demonstrating that global-local-state interactions are complex and diverse even within a geographically limited area. So too are the goals of indigenous groups, which vary from social reconstruction and healing following years of violence to the creation of an indigenous autonomy that challenges the tenets of neoliberalism.

Contributors: Robert M. Carmack, Stener Ekern, Christine Kovic, Xochitl Leyva Solano, Julián López García, Irma Otzoy, Pedro Pitarch, Álvaro Reyes, Victoria Sanford, Rachel Sieder, Shannon Speed, Rodolfo Stavenhagen, David Stoll, Richard Ashby Wilson

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