29 January 2011

Naming as claiming

My doctoral dissertation features a brief section on identity construction through law regarding naming, so I was pleased to encounter 'Naming Baby: The Constitutional Dimensions of Parental Naming Rights' (UC Davis Legal Studies Research Paper Series Research Paper No. 241, January 2011) by Carlton Larson.

In discussing European frameworks about what you can call the kid Larson notes that -
Many foreign jurisdictions are significantly more restrictive with respect to naming practices. Portugal, for example, requires parents to select a name from a governmentally approved list. It makes for fascinating reading, a relentless enforcement of 'Portuguese-ishness'. Not surprisingly, "Yuri", "Svetlana', "Johann", "Ethel", and "Andy" all fail to make the cut, but so do "Carmencita", "Catelina", and "Iglesias". In 2007, Venezuelan lawmakers proposed legislation that would limit parents to 100 approved names, perhaps because at least sixty Venezuelans bore the first name "Hitler". Spain specifically prohibits "extravagant" or "improper" names. French law permits officials to reject first names "contrary to the welfare of the child". One such name was "Fleur de Marie", rejected by French courts as too eccentric. Argentina prohibits "names signifying ideological or political tendencies, ridiculous or extravagant names, or those contrary to good morals". It has also rejected certain non-Spanish names, such as "Malcolm". Portugal prohibits names that "raise doubts about the sex of the registrant".
Carlson goes on to note historic and contemporary curiosa in US naming practice -
Another Massachusetts man named his son "Mene Mene Tekel Upharsin". Other names simply defy explanation, such as that of the Boston boy named "Preserved Fish". In 1814, a Connecticut minister named his daughter "Encyclopedia Britannia". Political names of all sorts have been especially popular. In the first half of the nineteenth century, the governor of South Carolina named his son "States Rights". Perhaps proving that some names really are destiny, "States Rights" graduated from Harvard Law School, but was killed in battle as a brigadier general in the Confederate Army. Equally redolent of a Civil-War history exam is the mid-nineteenth-century family who named their sons "Kansas Nebraska", "Lecompton Constitution", and "Emancipation Proclamation", while giving their daughters the apparently more feminine names of “Louisiana Purchase” and "Missouri Compromise". The outhouse was no doubt an important feature of daily life, but one wonders if it was truly necessary to commemorate it, as did one Tennessee family, by naming a girl 'Latrina". Other children were given such gargantuan tongue-twisters as "Trailing Arbutus Vines", "Loyal Lodge No. 296 Knights of Pythias Ponca City Oklahoma Territory", and "John Hodge Opera House Centennial Gargling Oil Samuel J. Tilden".