Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Shag from Brookline on Omelets and Eggs

    • Joe on What Exactly is Wrong With Polygamy?

    • Phil on What Exactly is Wrong With Polygamy?

    • Lee on Lifecycles and the Firm

    • Car accident claim lawyers on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Andrew MacKie-Mason on Can't the Supreme Court Just Say No to Cameras?

    • Joe on Employment Division v. Smith is Wrong

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Joe on Employment Division v. Smith is Wrong

    • Joe on Super En Banc in the Ninth Circuit

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • G. Calamita on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Joe on Super En Banc in the Ninth Circuit

    • Howard Wasserman on Can't the Supreme Court Just Say No to Cameras?

    • Gerard Magliocca on Super En Banc in the Ninth Circuit
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

What’s In A Name?

posted by Kaimipono D. Wenger

baby_names.jpgApparently, much more than most people probably assume. In An Anthropology of Names and Naming (Cambridge Univ. Press 2006), the various contributors examine, through methods of comparative ethnography, the politics, power, symbolism, and expression of naming and being named (or in some cases de-named). As the authors observe, names serve a variety of purposes. States, of course, use them for a variety of regulatory functions (birth certificates, licenses, permits, tax forms). Name-givers choose names that are descriptive of persons, relations, geography, or religion. Contra J.S. Mill, names are hardly “meaningless markers.”

In the United States, names are chosen for various reasons — often for their religious or kinship significance, to express emotions like “Joy” or “Hope,” to make a cultural statement, or simply because they are trendy. Things are quite different in other places and cultures. As reported here, in Zimbabwe names are often chosen to convey specific meaning. Thus, one will find names such as Trymore, Lovemore, Learnmore, Justice, Honour, Trust, Knowledge, Oblivious, Wind, Wedding, Funeral, Rain, and even Hatred. Have-a-Look Dube is apparently a famous footballer in Zimbabwe. In one family, the last of 13 children was named “Never Trust A Woman” — apparently to express doubts about paternity. As recently reported here, states sometimes take more than a bureaucratic interest in the names bestowed upon citizens. A recent bill proposed in the Venezuala National Assembly would have effectively limited parents of newborns to a list of 100 names chosen by the government (the proposal failed to advance). The purpose? According to sponsors, the list was intended to “preserve the equilibrium and integral development of the child” by preventing parents from bestowing names that open the child to ridicule, are difficult to pronounce in Spanish, or generate doubts as to the child’s gender. Examples of purportedly offending names include Haynhect, Olmelibey, Yan Karll, and Udemixon. Meanwhile, among the members of the National Assembly are Jennifer Bravo Quevedo, Earle José Herrera Silva, and Grace Nagarith Lucena Rosendy (the bill would not have been retroactive). Some Venezuelan names — e.g., Kennedy, John Wayne, Pavel, Ilich — reflect historical and cultural ties . In the voter registry, one can find as many as 60 Hitlers; eight Hochiminhs, among them Hochiminh Jesús Delgado Sierra; and six Eisenhowers, including Dwight Eisenhower Rojas Barboza.

The Venezuela bill raises the question whether the state might have some legitimate interest in the process of naming. In the United States, of course, conceptions of fundamental parental and other constitutional rights would preclude such governmental limitations on naming (which does not, in any event, appear to present any social or other problem in need of correction). But surely, many of the names above are likely to cause confusion, taunting, and perhaps other harms to the child. One editorialist likened some of the Zimbabwean names to “a form of child abuse.” That seems a touch overblown. The right of naming belongs ultimately to the family or other kinship structure, and ought not to be dictated by the state in any respect. Still, it is important to exercise special care with regard to an act as significant to personhood and identity as naming. As ethnographers have shown, that act reflects on parent as well as child. We can only hope that namers in all cultures choose well and wisely the “proper” name for their children.


 October 3, 2007 at 12:25 pm   Posted in: Uncategorized   Print This Post Print This Post

Responses (8)

  1. greglas - October 3, 2007 at 12:40 pm

    Tim — you might find this paper interesting (by Ann Bartow)

    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=981199

  2. A - October 3, 2007 at 1:35 pm

    You might also be interested in this website:

    http://thebabynamewizard.ivillage.com/parenting/

  3. greglas - October 3, 2007 at 3:21 pm

    And while we’re at it, you also might like this book.

  4. Neil Richards - October 3, 2007 at 5:03 pm

    Tim – government name registries apparently active in a number of Western European countries, including Germany, France, and Belgium. Jim Whitman’s “Two Western Cultures of Privacy: Dignity Versus Liberty,” 113 Yale LJ 1151, 1216-18 (2003) discusses a case from Belgium of a couple that wanted to name their son “Anakin” and lost, with child named “Dorian” by the state instead. Neil

  5. Frank - October 3, 2007 at 5:06 pm

    Here are a couple of my posts on it.

    http://www.concurringopinions.com/archives/2007/06/baby_naming_bra.html

    http://www.concurringopinions.com/archives/2007/08/names_and_sins.html

  6. Tim Zick - October 3, 2007 at 5:50 pm

    Neil –

    Thanks — really interesting piece on privacy; looks like some countries (e.g., France) are tinkering with their registry laws. But elsewhere, it seems you have a right to a name –but not any name. I think the ethnographers are onto something, in the sense that this issue goes much deeper than legal conceptions of privacy (and speech).

    By the way, I had read some time ago that David had fallen out of favor in the U.K, and that Mohammed (various spellings) was on the rise.

    Frank –

    Thanks for the links. I had forgotten about the “baby branding” reports. My favorite “disputed” name would have to be “Metallica” (Scandanavia, I think).

    Tim

  7. Stephen Aslett - October 3, 2007 at 6:41 pm

    Though some U.S. courts recognize that parents have a fundamental right to name their children, others don’t. See Henne v. Wright, 904 F.2d 1208, 1214 (8th Cir. 1990) and Brill v. Hedges, 783 F.Supp. 333, 339 (S.D. Ohio 1991) (“[T]his Court agrees with the reasoning of the Eighth Circuit in Henne that, while parents have an important interest in naming their children, this interest does not rise to the level of a fundamental right.”).

    I could see a U.S. court striking down a statute mandating a specific list of names like the Venezuela bill, but it’s a closer question whether a court would invalidate a more narrowly tailored naming statute proscribing, say, “obscene” names or numbers as names.

  8. Stephen Aslett - October 3, 2007 at 6:42 pm

    Though some U.S. courts recognize that parents have a fundamental right to name their children, others don’t. See Henne v. Wright, 904 F.2d 1208, 1214 (8th Cir. 1990) and Brill v. Hedges, 783 F.Supp. 333, 339 (S.D. Ohio 1991) (“[T]his Court agrees with the reasoning of the Eighth Circuit in Henne that, while parents have an important interest in naming their children, this interest does not rise to the level of a fundamental right.”).

    I could see a U.S. court striking down a statute mandating a specific list of names like the Venezuela bill, but it’s a closer question whether a court would invalidate a more narrowly tailored naming statute proscribing, say, “obscene” names, overly long names, or numbers as names.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress