Transcript Hispanics and the Law in Massachusetts

“Hispanic”
• Legal category
• Sociological category
–“Ethnicity”
• Related to but not “race”
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©Robert LeRoux Hernandez, 2008
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Hispanic identity &
the Confluence of
Stereotype and Law
• Are Hispanic and Latino/a different?
• Are we who we think we are?
• How does identity affect our
behavior?
• Relatively “Latina”?
• Are there Hispanic values?
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“Hispanic”
–Legal category
–Sociological category
–Social construct
–Stereotype
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Interdisciplinary approach
to study of human variety
• C. Wright Mills
• Define historical
reality of by
discerning
meanings of
reality for
individual men
and women
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C. Wright Mills
“The Human Variety”
–The proper subject of social
science
–All the social worlds in which
humans have lived, are living and
might live
–The variety of individual human
beings
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To realize the human
variety
• Define historical reality
• Discern meanings of
reality for individual men
and women
...
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The Nation State
• Split up and organized
civilizations and continents of
the world
• Political, military, cultural,
economic means of decision
• Prime unit of study in the social
sciences
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Globalization?
• Internet and other
media
• Economic integration
• Travel and migration
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Interaction
• As each social science advances, its interaction with
the others has been intensified
• Boundaries become less clear, they seem more
similar
• Specialization in on institutional order necessarily
includes place in total social structure
• The idea of distinct “fields” is based less on iron
problem-areas than on tin-foil Concepts
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From where does
“Hispanic” come?
• A relatively recent term1970s?
• Mexicans, Puerto
Ricans and “SpanishSurnamed Americans”
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Origins of term
“Hispanic”
–Roots in 16th Century
–Definition in 1970s
–“Conflation” of identitiessee Pew Report from
Yesterday
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Wikipedia: Are you
kidding?
• What role does it have in
pedagogy?
• In post-secondary
education?
• In academic discourse?
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Wikipedia:
“Hispanic”
• May be of any race
• May or may not speak Spanish
• 14.1% of the population
– around 41.3 million people
– Higher growth rate than any other ethnic
group in US
• more than three times total national rate
• will constitute 25% of the nation’s total
population by 2050
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Wikipedia:
“Hispanic”
•Continuous
presence in US
territory since 16th
century
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Hispanic identity
• Cohesive opinion among Hispanic selfidentifiers despite diverse
national origins
• Socioeconomic gaps between
Hispanics and Anglos fail fully to explain
distinctiveness of Hispanics’ political
views
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Are Hispanic and
Latino/a different?
• Confluence of Stereotype and Law
• Issues of identity: With what or
whom do I identify?
• Ethnic identity
• Other forms of identity
• Who we are and who we think we
are.
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Other forms of identity:
–Nationality
• Crystal Almanzar in Discussion
Board
–“I identify primarily as Dominican”
–“Latina is important”
–“Hispanic” comes from a disrespectful
place
N.B. Mr. Lopez’s mentor: “You
are Latino”
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How do we define
ourselves?
Is that our identities?
How we see ourselves?
How we conduct
ourselves?
Our value systems?
Do we derive values
from Hispanic/
Latino/Latina identity?
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Earl Shorris
Latinos: A
Biography of
the People
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Conflation of
Cultures
•
•
•
•
•
•
•
•
Chicanos
Borriqueños
Tejanos
Dominicanos
Californianos
Cubanos
Mexicanos
Otros (Wikepedia lists 20)
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Treaty of Guadalupe
Hidalgo
•
•
•
•
1848
$15 million
California, Texas, Nevada, Utah
Parts of Colorado, Arizona, New
Mexico, Kansas, Oklahoma, Wyoming
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Spanish-American War
1898
•
•
•
•
Puerto Rico
Cuba
Guam
“Spanish-surnamed Americans”
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Vázquez- Legally Hispanic
• In 1976, Latino civil rights groups
(NCLR, LULAC, MALDEF) lobbied
together with various Spanishspeaking groups and got Public
Law 94-311 passed by Congress.
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PL 94-311
• an umbrella for "Americans of
Spanish origin or descent”
• mandated that the progress and
welfare for this group be
monitored
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Directive 15
• 1977, Office Of Management And Budget
• "Race and Ethnic Standards for Federal
Statistics and administrative Reporting".
• governmental use of the word Hispanic:
• “A person of Mexican, Puerto Rican,
Cuban, Central or South American or
other Spanish culture or origin,
regardless of race."
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A legally-recognized
group
Hispanic Origin. Persons of Hispanic origin were
identified by a question that asked for self-identification of
the person's origin or descent. Respondents were asked to
select their origin (and the origin of other household
members) from a "flash card" listing ethnic origins. Persons
of Hispanic origin, in particular, were those who indicated
that their origin was Mexican, Puerto Rican, Cuban, Central
or South American, or some other Hispanic origin. It should
be noted that persons of Hispanic origin may be of any
race.--Source: U.S. Census Bureau, Population Division,
Ethnic & Hispanic Statistics Branch
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Shifting definitions
• Hispanics or Latinos are those people who
classified themselves in one of the specific
Spanish, Hispanic, or Latino categories listed on the
Census 2000 questionnaire -"Mexican, Mexican
Am., Chicano," "Puerto Rican", or "Cuban"-as well
as those who indicate that they are "other
Spanish/Hispanic/ Latino." Persons who indicated
that they are "other Spanish/Hispanic/Latino"
include those whose origins are from Spain, the
Spanish-speaking countries of Central or South
America, the Dominican Republic or people
identifying themselves generally as Spanish,
Spanish-American, Hispanic, Hispano, Latino, and
so on. U.S. Bureau of the Census, County Population
Estimates by Demographic
Characteristics - Age, Sex,
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Race, and Hispanic Origin- 2000 census
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What does it mean?
• EXECUTIVE OFFICE OF THE
PRESIDENT OFFICE OF
MANAGEMENT AND BUDGET
February 17, 1999 DRAFT
PROVISIONAL GUIDANCE ON THE
IMPLEMENTATION OF THE 1997
STANDARDS FOR THE COLLECTION
OF FEDERAL DATA ON RACE AND
ETHNICITY- On-line reserve on ERES
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Ethnicity?
• Origin can be viewed as the
heritage, nationality group,
lineage, or country of birth of
the person or the person's
parents or ancestors before
their arrival in the United States.
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Ethnicity?
• People who identify their origin as
Spanish, Hispanic, or Latino may be of
any race. . . . NonHispanic White
persons are those who responded "No,
not Spanish/Hispanic/ Latino" and who
reported "White" as their only entry in
the race question.
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Ethnicity
– Often applied in the same manner as
“race”
– Heritage? Ancestry?
– Culture? Can one be “culturally Latino?”
– Nationality groups?
– Birth country of the person or the person’s
parents or ancestors before their arrival in
the United States?
– Common values?
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Terms
•
•
•
•
•
•
Race
Ethnicity
Heritage
Nationality group
Lineage
Birth country of the person or the
person’s parents or ancestors before
their arrival in the United States
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What is Ethnicity?
• Is there a biological
dimension?
• Is it a euphemism for
“race”?
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Race?
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NELIDA DE JESUS DEL VALLE
NCMC600988
-Non-Family Abduction (View
Poster)
DOB: Jul 9, 1967 Age: 40
Missing: Dec 20, 1976
Race: Hispanic
Location: BOSTON, MA, US
National Center for Missing &
Exploited Children
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Race: Hispanic
Sankar & Cho :
• Anthropologists initially proposed
ethnicity to direct attention away from
genetics and toward social and
historical factors as explanations of
population variation
• “Ethnicity” seems more acceptable
• Actual application often identical to race
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Ethnicity?
• What is “ethnicity”?
• Is it more like Italian or North
African or Arab or African
American or Chinese or Asian?
• How does it differ from “race”?
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Max Weber:
"The whole conception
of ethnic groups is so
complex and so vague
that it might be good to
abandon it altogether."
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Max Weber:
Ethnic: “[T]hose human groups that
entertain a subjective belief in their
common descent because of similarities
of physical type or of customs or both,
or because of memories of colonization
and migration; this belief must be
important for group formation;
furthermore it does not matter whether
an objective blood relationship exists.”
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What is ethnicity?
• How does ethnicity
relate to individualism?
• Can the concepts coexist?
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Is Ethnicity is
more than a
sociological
category?
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The Politics of
Ethnic Identity
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Claasen
• Theory of group
distinctiveness
• Is there a “Hispanic
experience” which brings
about a distinctive political
perspective?
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Social identity
• Pan-ethnic group identity
reinforced by government, the
media and interest groups
• Ethnic residential segregation
• Discrimination
• Juries
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Hispanic identity
• Cohesive opinion among Hispanic
self-identifiers despite diverse
national origins
• Socioeconomic gaps between
Hispanics and Anglos fail fully to
explain distinctiveness of
Hispanics’ political views
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©Robert LeRoux Hernandez, 2008
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Subjective identity
with a more or less
specific group
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Nomination and
objective
identification
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objectification
and stereotyping of
oneself and others
• philosophy and psychology
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Other forms of identity:
–Nationality
• Crystal Almanzar in Discussion
Board
–“I identify primarily as Dominican”
–“Latina is important”
–“Hispanic” comes from a disrespectful
place
N.B. Mr. Lopez’s mentor: “You
are Latino”
7/20/2015
©Robert LeRoux Hernandez, 2008
49
How do we define
ourselves?
Is that our identities?
How we see ourselves?
How we conduct
ourselves?
Our value systems?
Do we derive values
from Hispanic/
Latino/Latina identity?
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©Robert LeRoux Hernandez, 2008
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Shorris:
• Latinos have difficult/mixed
history
• Where does the past begin?
• Europe, Africa, the
Americas, Asia?
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Are Hispanic and
Latino/a
different?
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Latino Identity
What
is it?
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Color?
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Ancestry?
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Language?
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Language?
• The most fundamental aspect of
Hispanic identity?
• People who currently speak
Spanish as a first language or
whose ancestors spoke Spanish
• People whose ancestors were
governed by Spanish-speaking
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Culture?
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Are we “Hispanic” or
“Latino”?
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Hispanic
• “They call us that”
• “It is English, not Spanish.
• People who think they are
more educated: not idioma
del Pueblo.
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Latino
• Where’s the “a”?
– Shorris Gender is Spanish
– Why not “Herspanic”?
– Latino for linguistic rather than economic or
political reasons
• Spanish, not English, although even Anglos
use it.
• Does Latino demand specific cultural context
which is narrower or broader than Hispanic?
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Are “they” Hispanic?
Google image
search, No. 1
on “Hispanic”
20070926
1435
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Or “Latino”
Google image
search, No. 1
on “Latino”
20070926
1437
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Or “Latina”?
Google image
search, No. 1
on “Latina”
20070926 1441
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Hispanic
Latino
Latina
Google: “Do no Evil.”
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November 16, 2007, 2209
Latino
Hispanic
Latina
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Steven Bender
Greasers and Gringos:
Latinos Law and the
American Imagination
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Confluence of Stereotype
and Law
•
•
•
•
•
•
•
Greasers
Pachucos
Wetbacks
Beaners
Aliens
Illegals
Spics
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Self-image
• Media
–Press
–Television
–Movies
–Internet
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English Only
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Bilingual
Education
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Proposition
209
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Withholding
government
services
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Identity
checks
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Terrorism
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Drugs
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