Legalized Identities

Reimagines the fields of transitional justice and cultural heritage, showing how law shapes cultural identities in unanticipated yet powerful ways.

Anthropologists widely agree that identities--even ethnic and racial ones--are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve as the impetus for the transformation of cultural practices and collective identity. Through ethnographic, historical, and legal analysis of successful claims to land by two neighboring black communities in the backlands of northeastern Brazil, Jan Hoffman French demonstrates how these two communities have come to distinguish themselves from each other while revising and retelling their histories and present-day stories. French argues that the invocation of laws by these related communities led to the emergence of two different identities: one indigenous (Xoco Indian) and the other quilombo (descendants of a fugitive African slave community). With the help of the Catholic Church, government officials, lawyers, anthropologists, and activists, each community won government recognition and land rights, and displaced elite landowners. This was accomplished even though anthropologists called upon to assess the validity of their claims recognized that their identities were "constructed." The positive outcome of their claims demonstrates that authenticity is not a prerequisite for identity. French draws from this insight a more sweeping conclusion that, far from being evidence of inauthenticity, processes of construction form the basis of all identities and may have important consequences for social justice.

This book offers a critical perspective into social policy architectures primarily in relation to questions of race, national identity and belonging in the Americas. It is the first to identify a connection between the role of international actors in promoting the universal provision of legal identity in the Dominican Republic with arbitrary measures to restrict access to citizenship paperwork from populations of (largely, but not exclusively) Haitian descent. The book highlights the current gap in global policy that overlooks the possible alienating effects of social inclusion measures promulgated by international organisations, particularly in countries that discriminate against migrant-descended populations. It also supports concerns regarding the dangers of identity management, noting that as administrative systems improve, new insecurities and uncertainties can develop. Crucially, the book provides a cautionary tale over the rapid expansion of identification practices, offering a timely critique of global policy measures which aim to provide all people everywhere with a legal identity in the run-up to the 2030 UN Sustainable Development Goals (SDGs).

Anthropologists widely agree that identities_even ethnic and racial ones_are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve

Authored by the leading voices in critical legal studies, feminist legal theory, critical race theory and queer legal theory, After Identity explores the importance of sexual, national and other identities in people's lived experiences while simultaneously challenging the limits of legal strategies focused on traditional identity groups. These new ways of thinking about cultural identity have implications for strategies for legal reform, as well as for progressive thinking generally about theory, culture and politics.

An award-winning sociologist, Charles Tilly has been equally influential in explaining politics, history, and how societies change. Tilly's newest book tackles fundamental questions about the nature of personal, political, and national identities and their linkage to big events--revolutions, social movements, democratization, and other processes of political and social change. Tilly focuses in this book on the role of stories, as means of creating personal identity, but also as explanations, true or false, of political tensions and realities. He uses well-known examples from around the world--the Zapatista rebellion, Hindu-Muslim conflicts, and other examples in which nationalism and other forms of group identity are politically pivotal. Tilly writes with the immediacy of a journalist, but the profound insight of a great theorist.

Constructs an original dialogue between constitutional law, film, and identity by using Hong Kong as a case study.

This book brings together three distinct areas of International Law – namely Environmental, Heritage and Ocean Law – to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose. The confluence of Heritage Law and the Law of the Sea with International Environmental Law represents an important development in international governance strategies for the twenty-first century, in particular those legal and administrative regimes that concern the world’s oceans and underwater cultural heritage protection. Importantly, connections between international legal regimes, such as the 1982 Law of the Sea, and institutions like the International Maritime Organisation (IMO) and United Nations Education Scientific Cultural Organisation (UNESCO), can play a crucial part in governance strategies that involve the regulation of marine pollution and historic shipwrecks.