Indefinite Detention, Colonialism, and Settler Prerogative in the United States

Publication Title

Social & Legal Studies

Authors

Natsu Taylor Saito, Georgia State University College of LawFollow

Document Type

Article

Publication Date

2018

Abstract

The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably results in the involuntary inclusion and concomitant exclusion of peoples of color.

The final, definitive version of this paper has been published in Social and Legal Studies, https://doi.org/10.1177/0964663918769362, published by SAGE Publishing, All rights reserved.

Recommended Citation

Natsu Taylor Saito, Indefinite Detention, Colonialism, and Settler Prerogative in the United States, 30 Soc. & Leg. Stud. 32 (2021) (first published online in April 2018, https://doi.org/10.1177/0964663918769362).

Institutional Repository Citation

Natsu T. Saito, Indefinite Detention, Colonialism, and Settler Prerogative in the United States, Faculty Publications By Year 2627 (2018)
https://readingroom.law.gsu.edu/faculty_pub/2627

DOI

10.1177/0964663918769362

Volume

30

Issue

1

First Page

32

Last Page

65