Pub Date : 2020-03-10DOI: 10.18574/nyu/9780814723944.003.0011
N. Saito
International law has evolved to acknowledge fundamental rights essential to the deconstruction of racial hierarchy and the dismantling of colonial relations. These include the protection of human dignity, the recognition of Indigenous rights, the right to be free from racial discrimination and xenophobia, and recognition of the prohibition on genocide as a preemptory norm. In each of these areas it recognizes more substantive rights and provides a broader range of remedial options than are available under US law.
{"title":"International Law and Human Rights","authors":"N. Saito","doi":"10.18574/nyu/9780814723944.003.0011","DOIUrl":"https://doi.org/10.18574/nyu/9780814723944.003.0011","url":null,"abstract":"International law has evolved to acknowledge fundamental rights essential to the deconstruction of racial hierarchy and the dismantling of colonial relations. These include the protection of human dignity, the recognition of Indigenous rights, the right to be free from racial discrimination and xenophobia, and recognition of the prohibition on genocide as a preemptory norm. In each of these areas it recognizes more substantive rights and provides a broader range of remedial options than are available under US law.","PeriodicalId":147008,"journal":{"name":"Settler Colonialism, Race, and the Law","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122600672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-10DOI: 10.18574/nyu/9780814723944.003.0005
N. Saito
Land is essential to any settler colonial project, and Indigenous nations stood in the way of Angloamerican occupation of the continent. The settlers racialized American Indians as “savage” and “uncivilized,” and then used these depictions to facilitate their strategies of elimination. These included officially sanctioned massacres, privatized violence, forced removals, mass incarcerations, and conceptual disappearance through assimilation and the imposition of identity. Understanding this history allows us to recognize how variants of these strategies both continue into the present and permeate the subjugation of other peoples of color.
{"title":"Land and Indigenous Peoples","authors":"N. Saito","doi":"10.18574/nyu/9780814723944.003.0005","DOIUrl":"https://doi.org/10.18574/nyu/9780814723944.003.0005","url":null,"abstract":"Land is essential to any settler colonial project, and Indigenous nations stood in the way of Angloamerican occupation of the continent. The settlers racialized American Indians as “savage” and “uncivilized,” and then used these depictions to facilitate their strategies of elimination. These included officially sanctioned massacres, privatized violence, forced removals, mass incarcerations, and conceptual disappearance through assimilation and the imposition of identity. Understanding this history allows us to recognize how variants of these strategies both continue into the present and permeate the subjugation of other peoples of color.","PeriodicalId":147008,"journal":{"name":"Settler Colonialism, Race, and the Law","volume":"145 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121153901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-10DOI: 10.18574/nyu/9780814723944.003.0014
N. Saito
Settler colonial theory provides a conceptual framework for understanding the origins of racial disparities and injustices in the United States. International law supports Indigenous rights, and the rights of all peoples to self-determination. Self-determination can be exercised in an infinite variety of ways, and any action that empowers people can contribute to their decolonization.
{"title":"Conclusion","authors":"N. Saito","doi":"10.18574/nyu/9780814723944.003.0014","DOIUrl":"https://doi.org/10.18574/nyu/9780814723944.003.0014","url":null,"abstract":"Settler colonial theory provides a conceptual framework for understanding the origins of racial disparities and injustices in the United States. International law supports Indigenous rights, and the rights of all peoples to self-determination. Self-determination can be exercised in an infinite variety of ways, and any action that empowers people can contribute to their decolonization.","PeriodicalId":147008,"journal":{"name":"Settler Colonialism, Race, and the Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124764795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-10DOI: 10.18574/nyu/9780814723944.003.0004
N. Saito
Colonialism is a form of sociopolitical organization in which the colonizing power not only exploits the land, labor, and natural resources of the colonized but also attempts to eradicate their cultures, histories, and independent identities. As such, it is inherently genocidal. This chapter provides an overview of classic or external colonialism, internal colonialism, and settler colonialism, developing a framework that will be applied throughout the rest of the text.
{"title":"Settler Colonialism","authors":"N. Saito","doi":"10.18574/nyu/9780814723944.003.0004","DOIUrl":"https://doi.org/10.18574/nyu/9780814723944.003.0004","url":null,"abstract":"Colonialism is a form of sociopolitical organization in which the colonizing power not only exploits the land, labor, and natural resources of the colonized but also attempts to eradicate their cultures, histories, and independent identities. As such, it is inherently genocidal. This chapter provides an overview of classic or external colonialism, internal colonialism, and settler colonialism, developing a framework that will be applied throughout the rest of the text.","PeriodicalId":147008,"journal":{"name":"Settler Colonialism, Race, and the Law","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117205763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-10DOI: 10.18574/nyu/9780814723944.003.0006
N. Saito
The Indigenous lands appropriated by Angloamerican settlers could be made profitable only by a large force of low-cost labor. Toward this end, both American Indians and Africans were enslaved, and the settlers developed strategies of subjugation to control them and to maximize profits. These included the construction of persons as property, and their control through racialization, forced reproduction, spatial containment, and social control through violence and terror. Understanding this history allows us to see how these functions continue to be reflected in contemporary forms of structural racism.
{"title":"Enslaved Labor and Strategies of Subjugation","authors":"N. Saito","doi":"10.18574/nyu/9780814723944.003.0006","DOIUrl":"https://doi.org/10.18574/nyu/9780814723944.003.0006","url":null,"abstract":"The Indigenous lands appropriated by Angloamerican settlers could be made profitable only by a large force of low-cost labor. Toward this end, both American Indians and Africans were enslaved, and the settlers developed strategies of subjugation to control them and to maximize profits. These included the construction of persons as property, and their control through racialization, forced reproduction, spatial containment, and social control through violence and terror. Understanding this history allows us to see how these functions continue to be reflected in contemporary forms of structural racism.","PeriodicalId":147008,"journal":{"name":"Settler Colonialism, Race, and the Law","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131844371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-10DOI: 10.18574/nyu/9780814723944.003.0002
N. Saito
In the 1960s, global decolonization and the civil rights movement inspired hope for structural change in the United States, but more than fifty years later, racial disparities in income and wealth, education, employment, health, housing, and incarceration remain entrenched. In addition, we have seen a resurgence of overt White supremacy following the election of President Trump. This chapter considers the potential of movements like Black Lives Matter and the Standing Rock water protectors in light of the experiences of the Black Panther Party, the American Indian Movement, and other efforts at community empowerment in the “long sixties.”
{"title":"Racial Realities","authors":"N. Saito","doi":"10.18574/nyu/9780814723944.003.0002","DOIUrl":"https://doi.org/10.18574/nyu/9780814723944.003.0002","url":null,"abstract":"In the 1960s, global decolonization and the civil rights movement inspired hope for structural change in the United States, but more than fifty years later, racial disparities in income and wealth, education, employment, health, housing, and incarceration remain entrenched. In addition, we have seen a resurgence of overt White supremacy following the election of President Trump. This chapter considers the potential of movements like Black Lives Matter and the Standing Rock water protectors in light of the experiences of the Black Panther Party, the American Indian Movement, and other efforts at community empowerment in the “long sixties.”","PeriodicalId":147008,"journal":{"name":"Settler Colonialism, Race, and the Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133731730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-10DOI: 10.18574/nyu/9780814723944.003.0010
N. Saito
In American law and culture, the presumption is that the Constitution’s guarantees of due process and equal protection will effectively rid society of racial discrimination. In fact, however, the “dynamic of difference” inherent to all colonial relations persists. This chapter considers how the plenary power doctrine, equal protection jurisprudence, and the presumptive goal of assimilation into the dominant society all contribute to the maintenance of structural racism.
{"title":"Constitutional Protection and the Dynamic of Difference","authors":"N. Saito","doi":"10.18574/nyu/9780814723944.003.0010","DOIUrl":"https://doi.org/10.18574/nyu/9780814723944.003.0010","url":null,"abstract":"In American law and culture, the presumption is that the Constitution’s guarantees of due process and equal protection will effectively rid society of racial discrimination. In fact, however, the “dynamic of difference” inherent to all colonial relations persists. This chapter considers how the plenary power doctrine, equal protection jurisprudence, and the presumptive goal of assimilation into the dominant society all contribute to the maintenance of structural racism.","PeriodicalId":147008,"journal":{"name":"Settler Colonialism, Race, and the Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132081827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-10DOI: 10.18574/nyu/9780814723944.003.0003
N. Saito
The master narrative of American history depicts the triumph of “civilization” over “savagery,” with Angloamerican settlers braving the wilderness to assert their “right” to establish a state over which they would exert complete control. It is a story of constant and inevitable progress, of racial and gendered hierarchies, and of the transformation of land and people into property. It overwrites the stories of others—particularly the peoples indigenous to these lands—erasing their histories, worldviews, and often even their existence, masking the violence inherent to colonization. This chapter sets the stage for the construction of narratives that better account for the actual histories of all peoples within the United States, thereby providing a more realistic basis for meaningful change.
{"title":"Unsettling Narratives","authors":"N. Saito","doi":"10.18574/nyu/9780814723944.003.0003","DOIUrl":"https://doi.org/10.18574/nyu/9780814723944.003.0003","url":null,"abstract":"The master narrative of American history depicts the triumph of “civilization” over “savagery,” with Angloamerican settlers braving the wilderness to assert their “right” to establish a state over which they would exert complete control. It is a story of constant and inevitable progress, of racial and gendered hierarchies, and of the transformation of land and people into property. It overwrites the stories of others—particularly the peoples indigenous to these lands—erasing their histories, worldviews, and often even their existence, masking the violence inherent to colonization. This chapter sets the stage for the construction of narratives that better account for the actual histories of all peoples within the United States, thereby providing a more realistic basis for meaningful change.","PeriodicalId":147008,"journal":{"name":"Settler Colonialism, Race, and the Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123683806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-10DOI: 10.18574/nyu/9780814723944.003.0007
N. Saito
This chapter looks at the ways in which settler colonial interests have shaped social relations and governmental policies since the abolition of slavery. Following the Civil War, the gains of the Reconstruction era were quickly rolled back as formerly enslaved persons were geographically contained, subjected to social violence and terror, criminalized, and forced into convict labor. A pervasive system of apartheid was implemented and not legally dismantled until the 1950s, and racial segregation remains pervasive today. Despite the changes brought by the civil rights era, with deindustrialization African Americans have increasingly been viewed as a “surplus” population. One result has been the pervasive policing of Black communities and mass incarceration.
{"title":"“Emancipated” African Americans","authors":"N. Saito","doi":"10.18574/nyu/9780814723944.003.0007","DOIUrl":"https://doi.org/10.18574/nyu/9780814723944.003.0007","url":null,"abstract":"This chapter looks at the ways in which settler colonial interests have shaped social relations and governmental policies since the abolition of slavery. Following the Civil War, the gains of the Reconstruction era were quickly rolled back as formerly enslaved persons were geographically contained, subjected to social violence and terror, criminalized, and forced into convict labor. A pervasive system of apartheid was implemented and not legally dismantled until the 1950s, and racial segregation remains pervasive today. Despite the changes brought by the civil rights era, with deindustrialization African Americans have increasingly been viewed as a “surplus” population. One result has been the pervasive policing of Black communities and mass incarceration.","PeriodicalId":147008,"journal":{"name":"Settler Colonialism, Race, and the Law","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126640028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-10DOI: 10.18574/nyu/9780814723944.003.0012
N. Saito
International law recognizes the unique status of Indigenous peoples and the right of all peoples to self-determination. However, it is also largely controlled by states whose primary interest is in maintaining their own power, wealth, and “territorial integrity.” Considering what the right to self-determination encompasses and how it differs from the law protecting “minorities” from discrimination, this chapter suggests that decolonization of settler states will not be implemented by international legal structures but must be undertaken by the peoples themselves.
{"title":"Decolonization and Self-Determination","authors":"N. Saito","doi":"10.18574/nyu/9780814723944.003.0012","DOIUrl":"https://doi.org/10.18574/nyu/9780814723944.003.0012","url":null,"abstract":"International law recognizes the unique status of Indigenous peoples and the right of all peoples to self-determination. However, it is also largely controlled by states whose primary interest is in maintaining their own power, wealth, and “territorial integrity.” Considering what the right to self-determination encompasses and how it differs from the law protecting “minorities” from discrimination, this chapter suggests that decolonization of settler states will not be implemented by international legal structures but must be undertaken by the peoples themselves.","PeriodicalId":147008,"journal":{"name":"Settler Colonialism, Race, and the Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123768707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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