Conquest and Slavery as Foundational to the Property Law Course

Park, K-Sue

doi:10.2139/ssrn.3659947

Cited by 5 publications

(6 citation statements)

References 8 publications

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“…Cheryl Harris's (1993) classic work, which maps the shift from law inscribing whiteness as a property interest under formal segregation to obscuring it in post–civil rights movement ideologies of colorblindness, powerfully resonates with such an approach. Further theorizing these interrelationships across questions of form—legal, racial, gendered, and otherwise—is an important direction of inquiry in light of emergent conversations on law and racial capitalism (Gathii and Tzouvala, 2002; Gonzalez and Mutua, 2022; Harris, 2021; Park, 2022).…”

Section: Ethnographic Lawyering: Orientation and Methodsmentioning

confidence: 99%

How to read a case: Ethnographic lawyering, conspiracy, and the origins of Al Qaeda

2023

American Anthropologist

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This article delineates a particular orientation to combining professional legal training and anthropological scholarship that I call ethnographic lawyering. Ethnographic lawyering takes legal form as an object of anthropological analysis, loosely inspired by the Marxist jurist Evgeny Pashukanis's theorization of law as a social relation. If ethnographic method in anthropology entails theorizing from the concepts and experiences of interlocutors, then ethnographic lawyering analytically centers the subjectivities, logics, and relationalities that legal form both presupposes and animates. Ethnographic lawyering brings to light the contingent lives of legal form. To demonstrate this method, the article uses the example of conspiracy in early US court cases involving Al Qaeda, informed by the author's experiences as an attorney and anthropologist in litigation arising from the war on terror. An ethnographic lawyering approach illuminates how conspiracy's distinct forms in criminal law, the law of evidence, and tort law each bring far-flung subjects, events, and actions together into reified entities even as they atomize and recombine social relations. This dynamic tension resembles the vertiginous nature of conspiracy theorizing in general. K E Y W O R D Sethnographic lawyering, anthropology of law, conspiracy, Al Qaeda, war on terror ResumenEste artículo delinea una orientación particular para combinar el entrenamiento legal profesional y la investigación antropológica que llamo la abogacía etnográfica. La abogacía etnográfica toma la forma legal como un objeto de análisis antropológico, aproximadamente inspirada por la teorización de la ley como una relación social del jurista marxista Evgeny Pashukanis. Si el método etnográfico en la antropología conlleva a teorizar desde los conceptos y experiencias de los interlocutores, la abogacía etnográfica centra analíticamente las subjetividades, las lógicas y las relacionalidades que la forma legal tanto presupone como anima. Para demostrar este método, el artículo utiliza el ejemplo de la conspiración en casos tempranos de la corte estadounidense envolviendo a Al Qaeda, informado por las experiencias del autor como un abogado y antropólogo en litigación derivada de la guerra contra el terrorismo.Una aproximación de la abogacía etnográfica ilumina cómo las formas distintas de la

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Section: Ethnographic Lawyering: Orientation and Methodsmentioning

confidence: 99%

How to read a case: Ethnographic lawyering, conspiracy, and the origins of Al Qaeda

2023

American Anthropologist

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“…First, we examine American Indian renters’ experiences of racialized dispossession—a subject long ignored by social scientists (McKay et al, 2020; Robertson, 2013), especially in urban and non-reservation contexts (Dorries et al, 2022; Levy et al, 2017)—alongside the experiences of low-income Black, Latinx, and White renters. Understanding AI/AN racialization and dispossession relative to other racialized groups can enrich understandings of the broader racialized dispossession processes (McKay et al, 2020) identified by (settler) colonial racial capitalism, or the theoretical framework(s) that describe ‘how colonization and imperialism partitioned the globe into racially differentiated lands and peoples, naturalizing and justifying the expropriation of some bodies and lands for the benefit of others’ (Koshy et al, 2022:6; see also Coulthard, 2014; Dantzler, 2021; Dorries et al, 2022; Park, 2021; Tuck and Yang, 2012; Wolfe, 2006). Such partitioning, racial differentiation, and expropriation are not merely historical artifacts but continuous processes (Koshy et al, 2022).…”

Section: Racialized Dispossession In Us Housingmentioning

confidence: 99%

‘I’m Not a Tenant They Can Just Run Over’: Low-Income Renters’ Experiences of and Resistance to Racialized Dispossessing

Korver-Glenn,

Locklear

2023

Critical Sociology

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Racialized housing markets are a cornerstone of systemic racial inequality in the United States, affecting socioeconomic, wealth, health, and educational outcomes. To enrich critical sociological research on housing, we examine how low-income renters perceive, experience, and navigate racialized dispossessing, or the everyday processes by which people of color are severed from place, home, and stability in rental markets. Drawing on in-depth interviews with 43 low-income American Indian, Black, Latinx, and White renters across two research sites, we find that low-income renters of color routinely experience other-race landlord and property manager non-responsiveness to housing quality and safety issues while White renters experience responsiveness. We also show how renters of color perceive and experience landlords and property managers racializing them as inferior, at times to justify this dispossession. In contrast to most of their counterparts of color, we demonstrate how low-income American Indian renters in our sample with same-Tribe landlords or property managers are protected from the harms their counterparts face. Finally, we show how low-income renters of color use a variety of strategies to resist this racialized dispossessing, often at great emotional or financial cost. We conclude by discussing the implications of our findings for research and housing policy.

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“…Created upon this land were registry systems and markets that divided land into pieces and enclosed it, in a process of "turning land into property" (Jones 2019;Connolly 2014). Using these technologies, colonial states profited by transferring land to white settlers and enslaving African labor to increase its commercial value (Park 2020). In doing so, they entrenched racialized capitalist relations and processes.…”

Section: B Indigenous Land Dispossessionmentioning

confidence: 99%

“…), which guided the conquistadors' and settlers' interactions with Indigenous and enslaved African peoples. It was later entrenched in legal property regimes (Park 2020;Waggoner 2015;Williams 1990, discussing the US Supreme Court case of Johnson v. M'Intosh, 21 U.S. 543 ( 1823)).…”

Section: B Indigenous Land Dispossessionmentioning

confidence: 99%

Mapping Racial Capitalism: Implications for Law

González¹,

Mutua²

2022

JLPE

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The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of racemaking. We understand race-making as including racial stratification, racial segregation, and the creation of sacrifice zones, which reflect the strategies and outcomes of profit-making. The structural features of racial capitalism thus are mutually constitutive: profit-making processes create and reinforce the making of racial meaning, while race-making, underwritten by white supremacy, structures and facilitates the economic processes of profit-making. Together, they constitute a global system dependent on the unbridled extraction of wealth from both humans and nature.

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Conquest and Slavery as Foundational to the Property Law Course

Cited by 5 publications

References 8 publications

How to read a case: Ethnographic lawyering, conspiracy, and the origins of Al Qaeda

How to read a case: Ethnographic lawyering, conspiracy, and the origins of Al Qaeda

‘I’m Not a Tenant They Can Just Run Over’: Low-Income Renters’ Experiences of and Resistance to Racialized Dispossessing

Mapping Racial Capitalism: Implications for Law

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