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Comparative and Foreign Law

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SelectedWorks

David Cook-Martín

Selected Works

2010

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Liberalism And The Limits Of Inclusion: Race And Immigration Law In The Americas, 1850-2000, David Cook-Martín, David Fitzgerald May 2010

Liberalism And The Limits Of Inclusion: Race And Immigration Law In The Americas, 1850-2000, David Cook-Martín, David Fitzgerald

David Cook-Martín

The relationship between classical political liberalism and racism poses distinct puzzles for different schools of scholarship. On the one hand, conventional accounts maintain that racism has been an aberration in politically liberal regimes. In the field of international migration, prominent analysts have argued that politically liberal regimes are inherently incompatible with legal discrimination based on race. Yet an examination of immigration and nationality laws throughout the Americas from 1850 to 2000 suggests that racial discrimination has been more common in liberal than in illiberal countries of immigration. These empirical findings puzzle scholars who assume (1) the progressive extension of rights …