Collisions at the Intersection of Gender, Race, and Class: Enforcing the Chinese Exclusion Laws

This article explores the ramifications of the intersections of gender, race, and class ideologies for the enforcement of the Chinese Exclusion Laws in the years immediately following their passage. Drawing from government documents and archival data, I argue that the notions of gender, race, and class that permeated the legislative debate contained significant incoherences and self-contradictions, and that many of the dilemmas surrounding the enforcement of the exclusion laws against Chinese women resulted from these collisions. Faced with conflicting mandates derived from, for example, racism and patriarchy, enforcement officers had to choose between equally powerful discourses. Their ad hoc and often pragmatic approach to such dilemmas contrasted sharply with a policy process that otherwise appeared to be driven by unquestioned—and unquestionable—moral mandates. In concluding, I note the implications for our understanding of the contingencies and instabilities of ideology and the legal practices of which it is part.     

Tender Ties: Husbands' Rights and Racial Exclusion in Chinese Marriage Cases, 1882-1924

When Congress ended the immigration of Chinese laborers in 1882, the Chinese population was over 95% male. While there has been much disagreement about why so few women came, the more fruitful question may be to ask how Chinese women were able to immigrate to the United States at all. Central to their immigration were legal arguments for lawful Chinese immigrants-primarily merchants and native-bom citizens-to bring their wives to the United States. Due to racial restrictions barring them from independent entry or marital naturalization, Chinese wives appealed to the uncodified gender privileges of their husbands in turn-of-the-century legal society: the natural right of a man to the company of his wife and children. In the face of a bureaucratic structure designed to sift immigrants by race, judges ruled that racial admission policies must conform to established gender privileges. The power of these arguments was tested in cases involving the deportation of Chinese women admitted as wives. While initially evading registration regulations for immigrants, Chinese women were unsuccessful at evading regulations concerning prostitution. This failure underscored the performative aspects of husbands' rights arguments, especially the image of the dutiful wife and husband and the class-based ideal of the elite merchant or citizen.     

Judging the Other: The Intersection of Race,Gender, and Class in Family Court

This critical ethnographic study of family court child maltreatment proceedings describes and illuminates the ways in which racial, gender, and class disadvantages can manifest on the ground as judges, attorneys, social service workers, and parents—joined often by gender but split by race and class—adjudicate cases. The findings suggest that intersectionality worked in ways that exponentially marginalized poor mothers of color in the courtroom. They were marginalized both through the rules of the adversarial process (which silenced their voices) and through the construction of narratives (which emphasized individual weakness) over structural obstacles as well as personal irresponsibility over expressions of maternal care and concern. Standard due process courtroom practices also communicated bias or social exclusion, especially in a courtroom split by race and class.     

Integrating Critical Race Theory and Postmodernism Implications of Race, Class, and Gender

This paper begins with an overview of criticalrace theory tenets, which in turn will befollowed by an overview of postmodernism. These bodies of knowledge consist of an arrayof ideologies; but for the purpose of thisarticle only the fundamentals of each will bediscussed. Thereafter, an integration ofthese two contemporary areas of thought willdemonstrate the constructive linkage ofcritical race theory and postmodern theory. Theintegrations that follow will emphasize how acollaboration of critical race theory tenetsand postmodern thought can contribute to asuccessful, and more importantly improved,analysis of the social constructions of race,class, and gender. In addition, theintersectional analysis presented willdemonstrate a more informative and betterunderstanding of the subtleties of blatant andmore hidden forms of race, class, and gender.     

The Race to Punish in American Schools: Class and Race Predictors of Punitive School-Crime Control

Despite the general agreement that US schools have become increasingly punitive since the 1980s, researchers are uncertain about what types of schools use tough-on-crime measures. Some assert that punitive control is concentrated in poor, predominantly ethnic minority schools. Governing-through-crime scholars argue that US schools with mostly middle-class and white students are also punitive, but in less harsh ways using soft surveillance techniques. Relying on data from large, stratified samples of middle and secondary US public schools, we found that high rates of ethnic minority enrollment predicted heavy reliance on law enforcement and security personnel. As rates of student poverty increased, use of soft surveillance techniques as well as reporting students to the police significantly increased. Implications for governing-through-crime, racial control, and reproduction of inequalities theories are discussed.     

American Skin: The Duke Lacrosse Rape Scandal and the Intersection of Race,Class, Gender,and Injustice

The Duke lacrosse team rape case showcased how race and the criminal justice system can intersect in troubling ways. This is not news to students of the history of race in America. What makes this case unusual is white men were the ones who were mistreated by the police, prosecutor, media, and others, all of who used the rape allegations to further their cause rather than to seek justice. This book review essay examines three recent books that describe and analyze the Duke scandal.     

我国刑法中的紧急避险与被迫行为关系之多维检视

行为人在受到他人强迫的情况下,实施了符合法益优越原则的侵害行为,是应当按照被迫行为还是紧急避险来加以处理,这突显出被迫行为与紧急避险之间的关系问题在刑法理论及实践上之重要性。对此,通过从刑事立法、理论及司法实务等多维视角对被迫行为与紧急避险的关系加以探讨,应当承认被迫行为属于以期待可能性理论为基础之免责或责任减轻事由,无论其是否符合法益优越原则,均应与紧急避险在本质上加以区别。     

民事行为有效推定规则的构造及其运用——我国民事行为效力立法模式的检讨与重构

我国《民法通则》一方面以民事法律行为要件的形式概括规定了民事行为的有效要件,另一方面又列举规定了民事行为无效、可变更可撤销的具体情形的立法模式存在严重的逻辑空白。这种立法模式有违意思自治,也与各国立法的普遍选择相悖。民事行为有效具有先验性,是不能被“证实”而只能被“证伪”的,立法不应从正面规定民事行为的有效要件。民事行为一经成立即应推定为有效,法律另有规定或当事人另有约定的除外。     

The Complexity of Policy Preferences: Examining Self-interest,Group-Interest,and Race Consciousness Across Race and Political Ideology

Social Justice Research - Research on attitudes toward racial policies has often been limited to a single racial group (e.g., either Whites or Blacks). These studies often focus on the role of...     

台湾文学场域的中国文化属性

文学场域是由影响文学作品生产、流通、消费等的各种因素所构成的有机系统,作为元场域的文化场决定着它的性质和走向.台湾的文学场域是在传统的中国文化环境中生成与发展的,它从诞生的那一天起就打上了深深的中国烙印.中国传统文化是台湾文学的灵魂,为台湾文学的发展提供了源源不断的精神养料.     

社会排斥的内涵:缘起、演进与新路径

政治、经济、文化、社会和学术研究的需求与发展推动着社会排斥内涵的产生与演进。从最初狭义的指代贫困到广义的多维排斥,由状态到过程,由单向排斥到循环累积,社会排斥在排斥者与被排斥者的互动中产生。通过对文献的梳理发现,社会排斥的内涵更关注其是一种社会现象,而忽略了社会排斥也是被排斥者心理层面的主观建构。研究在社会排斥是动态过程化内涵的基础上,使用压力反应从刺激源经中介系统到临床相的研究范式,构建新的发生路径。从初始的排斥状态,到施动者施加社会排斥,被感知的社会排斥经过被排斥者的自身能力、社会支持和认知等中介系统的调节,进行增益或消减,与未被感知的社会排斥共同累积作用于排斥的最初状态,如此不断循环发生的过程。     

Laws of Inclusion and Exclusion: Nomos,Nationalism and the Other

This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to (political) subjectivity. Drawing on the work of Foucault, Agamben and Brown, I demonstrate how subjects form and are formed by historically contingent relationships to law in the contemporary neo-liberal moment. Turning to Lacan, I show how nationalistic invocations of law provide nationalists with a fantasy that the nation’s law represents them and holds them together (as the nation itself). Similarly, I argue that nationalists imagine that the other has their own law as well, which not only corresponds to the other, but functions as a legible index of the other’s otherness—a metonym for the threatening uncertainty and radical difference that the other represents. Drawing on Lacan’s concept of the big Other, I ultimately argue that nationalists aggressively (re)assert law not only to defend the nation, but to ensure their own symbolic and ontological security therein.

     

Race and Jurors' Receptivity to Mitigation in Capital Cases: The Effect of Jurors', Defendants', and Victims' Race in Combination

This paper examines the variation in receptivity to mitigation evidence by capital jurors as it varies by the race of the juror, defendant, and victim individually and in combination. Attitudinal and racial characteristics from 865 respondents in the Capital Jury Project were used in the analysis. Using a generalized form of multiple regression, the respondent's receptivity to mitigation evidence was predicted and changes in receptivity were calculated as the race of the main trial participants (juror, defendant, and victim) were varied. Statistical controls were put in place for gender of respondent; respondent's perception of the dangerousness of the defendant, heinousness of the crime, and view of the defense attorney; respondent's formation of a premature sentencing decision; and whether the trial took place in a southern state jurisdiction. Results indicate that Black jurors in cases where a Black is charged with killing a White victim are chiefly responsible for the observed variance in receptivity to mitigation.     

论《违法行为教育矫治法》的立法理念及原则

《违法行为教育矫治法》已列入全国人大今年立法计划,这是专门规范过去劳动教养制度管辖范围的专门法律,是适应新时期依法管理社会及保障公民人权的具有现代进步意义的法律,有必要对它的立法理念进行深入探讨。一、被矫治对象是现实社会生活中的客观存在任何社会都存在大体三类人群:一类是带动社会前进的     

Making Use of Paradoxes: Law,Transboundary Hydropower Dams and Beyond the Technical

Law’s regulation of transboundary hydropower dams is a field of study brimming with paradoxes. The most notable being the paradox of a hydropower dam solving one problem and creating another. From a logical perspective, such a paradox would typically be viewed as an obstacle to be avoided because it brings everything to a standstill. But from a social perspective, paradoxes are not necessarily negative, as managing them also potentially enlightens and transforms planning systems. The latter perspective, which brings to analysis a kind of dynamism, is employed in this text. In order to work out the reoccurring patterns under which law might productively make use of paradoxes, this text therefore proposes the methodological tools of exposing and building upon paradoxes. Exposing paradoxes sets out to make more visible some of the unthought limitations, self-deceptions and self-contradictions which arise in modern planning practices, while building upon paradoxes attempts to open up headways towards a more adequate conceptualisation of the solutions which law can offer. The overall intention here being to offer a Luhmannian-inspired theoretical framework which illuminates the value of social systems theory as a methodological tool for describing the communicative challenges facing law’s regulation of transboundary hydropower power dams.     

The correctional melting pot: Race, ethnicity, citizenship, and prison violence

The United States prison population is becoming more diverse and comprised of increasingly more violent inmates. Although race has been cited as a risk factor for inmate violence, most prior research had narrowly investigated White/Black differences in inmate misconduct. Using a sample of 1,005 inmates from the southwestern U.S., the current study explored racial, ethnic, and citizenship correlates among male and female prisoners. Negative binomial regression models indicated that net of controls, Hispanics and Native Americans were the most violent male prisoners, while African Americans and Native Americans were the most violent female inmates. The current study was admittedly modest in scope; however, the findings were couched within a broader, imperative sociological framework that lamented the increasing interplay between communities and prison and the role of prison as a social institution.