Publication Title
Social & Legal Studies
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, Soc. & Leg. Stud. (2018), doi://10.1177/0964663918769362.
Institutional Repository Citation
Saito, Natsu Taylor, "Indefinite Detention, Colonialism, and Settler Prerogative in the United States" (2018). Faculty Publications By Year. 2627.
https://readingroom.law.gsu.edu/faculty_pub/2627
DOI
10.1177/0964663918769362
Included in
American Politics Commons, Civil Rights and Discrimination Commons, Law and Politics Commons, Law and Race Commons, Law and Society Commons, Legal History Commons, Political History Commons, United States History Commons