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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Regulating Interracialized Intimacies Perspectives from Europe and Beyond

Edited by: Elena Zambelli, Betty de Hart

ISBN13: 9781032583778
To be Published: March 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



This book explores the role of the law in the social construction of ‘race’ and ‘mixture’ within and beyond the borders of Europe. It focuses on ‘interracialized’ intimacies, that is, the intimate relations of subjects ascribed and/or perceived to belong to different ‘races.’ The role of the state in defining boundaries between ‘us’ and ‘them’ becomes particularly clear in their regulation. Moving across different times, places and political formations – including the US slavery regime, European colonial empires and metropolises – the book delves deep into how the governments of white-supremacist and white-majority societies have consistently attempted to prevent, discourage or obstruct intimate relationships crossing the colour line. This occurred directly, through prohibitions and anti-miscegenation laws, or indirectly, through citizenship laws, marriage licenses, social care, prostitution laws, housing policies, policing practices, academic research and other means. The book further shows that the legacy of these highly gendered and racialized regulations continues to reverberate today, informing norms, hierarchies and perceptions about whose intimacies count as legitimate and ought to be facilitated and whose are deemed suspect and requiring state surveillance. The contributions also shed light on the individuals, couples and families who were targeted by state regulations and how they challenged and disturbed state categorizations and regulations.

Highly interdisciplinary in scope, with contributions by pioneering US and European scholars in this field, this book will be a fundamental read for scholars, researchers and students interested in tracing the genealogy of racial thinking in Europe and beyond, and its enduring operativity.

Subjects:
Law and Society
Contents:
Introduction - Beyond Marriage Prohibitions: New Directions in The Study of Regulating Relationships Across and Beyond the Colour Line
Betty de Hart and Elena Zambelli

Part I: Prohibition
1. Of Coercion, Consent, And Concubines: The Regulation and Litigation of Interracial Sex and Marriage under Slavery in the U.S. South
Ariela Gross
2. Regulating Sexual Mixing in the Italian Colonies of the Horn of Africa: A Legal History Perspective
Olindo De Napoli
3. Dutch Politics of Intimacy in Colony and Metropole and their Afterlives: Reflections on a Shifting Political Economy of Intimacy
Guno Jones
4. ‘What Does our Love Have to Do with Politics?’ Regulation of Interracialized Couples in East Germany
Christoph Lorke

Part II: Legal-spatial segregation
5. Regulating ‘Mixture’ while Building a Settler-Colonial City: The Case of Benghazi
Andrea Tarchi
6. Policing “Zones of Degeneracy”: (Post-)Colonial Migrants and Interracialized Sex and Intimacies in France (1954-1979)
Rébecca S. Franco

Part III: Regulation of consequences
7. A “Marriage Between Natives”: Race, Religion, Citizenship, and Customary Marriage in Late Colonial West Africa
Cristina Luz Colpa
8. Rationalizing Racial Mixing in French West Africa: From African and European to African and Caribbean Encounters with Empire
Hilary Jones
9. Gender, Citizenship, and Regulating Mixed Intimacies in West Germany
Julia Woesthoff
10. Mixed-Race Children, Eugenics and Labels of Defect and Handicap in Britain, 1920s-50s
Lucy Bland
11. ‘The Obvious Dangers of this Relationships’: Interracialised Relationships between Underage Swiss Women and Italian Men and the Implementation of the Swiss Child Protection Laws (1960-1980)
Mira Ducommun

Part IV: Migration law
12. Regulating Interracialised Intimacies in 1950s-60s Britain through Deportation and Immigration Policies
Nawal Mustafa
13. Borders, Intimacy and Colonial Dispossession
Joe Turner
Part V: Shadow of law
14. Improper Couples, Suspicious Mobilities: Sexuality as Currency and Stigma in Black-White Couples’ Everyday Lives in Europe
Elena Zambelli
15. ‘How could I have been so Blind?’ Love, Money, and Victimhood in Transnational Interracialized Relationships between Dutch Women and Men from MENA Countries
Iris Sportel

Afterword
16. Love, Domination, and All Things in Between
Debra Thompson