This chapter explores how identities were forged and developed under the Merovingians, from the creative fiction of ‘Frankishness’ to more personal identities defined by gender and social status. It examines how identities can appear different through stories, laws, dress, and language, highlighting the importance of how people defined and presented themselves according to need and circumstance. It takes seriously the contention that identity formation fed into discourses of power because they structured hierarchies and issues of inclusion and exclusion.

Riffing on the narcissism of male grooming, Devin Garofalo discusses the Romantic impulse to “manscape” – that is, to “read… a culturally specific conception of the human into the landscape such that it is invisibilized as the world’s structuring principle.” This culturally specific conception of the human, she clarifies, building on the pathbreaking work of Sylvia Wynter, is that of man as a bourgeois colonialist, a tamer, and a conqueror. He is Hannibal and Napoleon and the Wordsworthian poet all in one. The Romantic nature poem that is the hallmark of early nineteenth–century poetry, then, recruits the ecological imagination as it consolidates and eradicates all threats to whiteness.

This chapter introduces the essays in the volume, which work through various understandings of “romanticism” and “race,” addressing how these terms acquire meaning via other concepts taking shape in the eighteenth and nineteenth centuries, such as “blackness,” “whiteness,” “sovereignty,” “property,” and “freedom.”

Essaka Joshua discusses the relationship between disability and race, both where they intersect in literary and nonliterary discourses and, importantly, where they are deliberately opposed. For example, in the writing of the blind writer and staunch abolitionist Edward Rushton, the critique of racism hinges on the idea that racial prejudice derives from sightedness. Rushton thus serves as an important counterpoint to the more widely taught Edmund Burke, whose ableist assumptions about blindness in A Philosophical Enquiry into the Origin of Our Ideas of the Sublime and Beautiful undergird a belief in blackness and Black subjects as inherently terrifying.

Focusing on the afterlife of the Freedom Edict of April 7, 1800, the chapter moves the story into the nineteenth century, a period of imperial crisis that saw the emergence of liberal trends in the empire as well as new stakeholders in the historical context of the island and, more generally, of the Spanish Atlantic world. Chapter 9 focuses on the problems that the emancipated cobreros faced in actualizing a corporate community model along the lines of colonial Indian law. It further compares El Cobre’s predicament in the new period with that of two other recognized Indian pueblos of El Caney and Jiguani, a situation that resonated elsewhere in the Spanish Atlantic in the postcolonial Latin American republics. Questions about native rights, race, and citizenship, about civil and political rights, about corporate and individual land rights emerged in this new political context, especially with the globalization of El Cobre. This globalization was linked to the arrival of French refugees and the development of a British mining industry in the region. These emerging trends led to the erasure of major aspects of the Freedom Edict of 1800 by the early 1840s.

Examines American relations with non-Protestant others within the Mediterranean, primarily Jews, Catholics, and Muslims. Pays particular attention to shipwrecks in Morocco.

Once Christian Europe’s most paradigmatic internal Other, Jews are now mostly seen as a well-integrated and successful religious minority group. For centuries, Jews faced political, social, and legal exclusion. Now, politicians proudly invoke the West’s shared ‘Judeo-Christian’ heritage. Compared to the past, public expressions of antisemitism have become increasingly taboo. Jews have seemingly moved from being paradigmatic outsiders to accepted insiders. Despite this undoubted success, there are still moments when this position can become suddenly unsettled. There are not only the terrible attacks on Jewish life, such as the synagogue shootings in Halle in 2019 and a year earlier in Pittsburgh, the still alarming rates of antisemitic violence, the groups of white supremacists chanting in the streets that Jews will not replace them, or the flourishing antisemitic conspiracy theories in the online and offline worlds. Uneasiness with Jews and Judaism also still manifests in less extreme and less overtly hostile ways in the midst of society on the terrain of liberal law.

This chapter explores symmetry’s implications for equal protection jurisprudence. A stark political divide has emerged between two understandings of legal equality, particularly with respect to race: conservatives generally favor an “anti-classification” approach focused on ensuring government neutrality, while progressives typically favor an “anti-subordination” approach that allows affirmative governmental action to redress historical group disadvantages. Although the Supreme Court has increasingly aligned its jurisprudence with the anti-classification perspective, symmetry should encourage an approach that gives something to both sides. The Court might accomplish this goal in at least three ways: by returning to the focus on diversity reflected in its earlier decision in Regents of the University of California v. Bakke while giving this framework greater “bite”; by allowing majority groups to disadvantage themselves, so long as they are genuinely dominant at the relevant level of government; and by sometimes allowing selection of government criteria with a view to their demographic effects, so long as these criteria are themselves facially neutral.

Based on discursive analysis, Chapter 3 focuses on the briefs produced in Madrid and the colony to mount the plaintiffs’ case for collective freedom. It examines the meanings of freedom in the Spanish Atlantic and the battery of legal tools, including the rarified one of prescription, deployed in the plaintiffs’ memorials to buttress their case of wrongful enslavement and collective freedom. The case entered unchartered terrain with the claim that belonging to a pueblo constituted a way of enacting and producing freedom collectively, an innovative claim based on notions of corporate belonging in the Spanish Atlantic world especially related to municipal bodies such as pueblos. The chapter parses a distinction between civil and political freedom made in some briefs. Civil freedom was understood in opposition to slavery as personal freedoms that free subjects could enjoy as royal vassals even in the context of colonialism and royal absolutism. Political freedom depended on municipal belonging, the space in which limited self-rule and citizenship could be locally enacted in an absolute monarchy. The chapter draws out the possible normative implications of this claim for Afro descendants at large who, at most, could only enjoy civil freedom rights in the empire.

Making the child-rights identity detached from its social context and the possibility of self-identification serves to protect the child from traditional and social harmful practices directed toward children. At the same time, the monist identity of the child becomes placed out of reach of democratic deliberations and self-determination. The intersectionality of race and gender becomes two socially constructed concepts that cannot be addressed within the child-rights identity, which both serves to protect the child from discrimination but also risks making child rights detached from addressing crucial structural inequalities based on race and gender.

Chapter 2 examines the local context of the pueblo of El Cobre and its members’ response to the privatization of the mining estate and their ensuing enslavement. It probes the unorthodox character of this community and the villagers’ vernacular collective self-identification as “cobreros,” or natives of El Cobre, an identification that they pressed on the court to counter their captivity and make other claims. The bonds of pueblo towered over and above possible internal cleavages along formal free or slave status, class, race, and gender. The cobreros’ collective action was possible precisely because of their social bonds and (informal) organization as a pueblo. The community empowered Gregorio Cosme Osorio, one of their own, to be their apoderado or legal representative in the royal court in Madrid, a rare liaison position for a colonial racialized man and another extraordinary aspect of the case. The chapter then turns trans-local as it traces Cosme’s journey and the networks he created from El Cobre to Madrid to litigate collective freedom. The chapter also examines the financial, administrative, political, and social challenges that these colonial litigants faced in accessing the judicial arena, particularly at the imperial level.

The chapter examines the distinctiveness of this composite freedom suit; the unorthodox Afro descendant community that took it to the highest imperial tribunal in Madrid; and the larger historical context that triggered the legal action in the early 1780s. It lays out the significance of the notions of “collective freedom” and “natives of a pueblo” deriving from colonial customary practices and from political, social, and juridical discourses rooted in the Spanish Atlantic world here reworked into novel proposals that challenged the approaching tsunami of slavery expansion in Cuba and the Atlantic world amid the Age of Revolutions, and it even presented a colonial alternative to slave-based plantation and extractive regimes. Linkages are made between the local, colonial, and imperial levels in which legal and political mobilizations unfolded. The chapter also surveys the various historiographies of slavery, race, Afro descendants, Indians, and law, politics and society that intersect in this study and discusses the sources and archives on which the study is based.

Chapter 4 focuses on the meaning and deployment of the novel (and controversial) category of “natives” of a pueblo, widespread throughout the Spanish Atlantic world, to bolster the plaintiffs’ claims to freedom and other rights. The chapter explores both the Spanish and Indigenous traditions that informed the category of nativeness (naturaleza) used in the court briefs and examines their implications for a community of Afro descendant and other racially mixed subjects. The chapter compares the unconventional standing of El Cobre with that of the Indian pueblos of El Caney and Jiguaní in the island’s eastern region to explore the controversial claims to Indian ancestry.

Traveller and Black communities are among the most distinctive populations in Ireland. Although they occupy opposite ends of the spectrum of visible difference, hair is a site at which their perceived differences converge. In Ireland, the racial and aesthetic dimensions of Traveller and Black hair have contributed to the marginalization of the two groups. Traveller hair was historically associated with dirtiness and poverty, and Traveller women’s hair, traditionally worn long, was often perceived to be old-fashioned, gaudy, or indicative of sexual availability. Meanwhile, Black hair, which departs from white hair in texture and direction of growth, has been denigrated, and distinctively Black hairstyles have been disparaged. This chapter examines hair culture in the writings of contemporary authors Dr. Rosaleen McDonagh, a Traveller dramatist and activist, and Emma Dabiri, a Nigerian-Irish author and academic. Their portrayals of minority hair culture reveal histories of institutionalized racism and crinicultural (hair-related) discrimination, but they also present affirmative depictions of beauty and empowerment that dismantle older, demeaning representations.