Communities and Law
Politics and Cultures of Legal Identities
Publication Year: 2003
Published by: University of Michigan Press
Series: Law, Meaning, and Violence
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Introduction: Conceptual Framework and Structure
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This book is about law and culture as major pillars in state-society relations. More accurately, it is about legal cultures in nonruling communities. To comprehend and examine communal legal cultures as key phenomena in politics, this book develops a concept that I call critical communitarianism. This...
Chapter 1. Legal Cultures, Communities, and Democratic Political Cultures
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Democracy requires the fulfillment of a number of prerequisites, two of which are pivotal: first, open and peaceful elections with the participation of at least two rival candidates, with guaranteed realization of electoral results; and, second, a political culture that sanctifies and realizes community and individual rights. What we call a rooted democracy should display a political culture...
Chapter 2. State Legal Culture: Domination, Identities, and the Politics of Rights
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Israel’s state law articulates the dominant values and organizational interests of Judaism and Zionism, which are the two main principles of state ideology. State law is not merely a reflection of the state’s narration processes. Rather, it plays a major constitutive role in shaping values, norms, and political practices...
Chapter 3. The Arab-Palestinian Community in a Jewish (and Democratic) State
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This chapter primarily examines the legal consciousness and practices of identity among the Arab-Palestinian minority. State law excludes the minority by framing it as religious groups that are entitled to a confined religious and juridical autonomy. Yet the community has essentially been placed outside state power foci, which allocate collective goods. Hence, this chapter is not a story about the sanctioning of legal pluralism but is about its suppression in the midst...
Chapter 4. Feminism, Community, and Law
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My analysis of the legal culture of feminists entails the need for feminist communitarianism. Feminist communitarianism is not an oxymoron. Feminists and communitarians have ascribed significance to social reciprocity and criticize the private-public dichotomy while underscoring a contextually embedded self (Frazer and Lacey 1993). Yet, nonfeminist communitarians have neglected gender...
Chapter 5. Religious Fundamentalism and Law: The Jewish Ultra-Orthodox (Haredi) Community and Legal Culture
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Chapter 3 examined critical communitarianism concerning the legal culture of a national minority. Chapter 4 explored the legal culture of feminists who protest against male dominance. I have explored these cases while referring to state domination, transnational American-led liberalism, and state-community relations. This chapter...
Chapter 6. Conclusions: The Return to the Communal Space
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“Globalization” has penetrated a popular eschatology among more than a few academics. As I showed in chapter 1, the essence and meaning of that faith is unclear, as human beings conceive of globalization in many contradictory ways. If globalization means the triumph of American liberalism as the sole criterion for the advancement of human rights (based on the reduction of central...
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Page Count: 384
Illustrations: 3 drawings, 13 tables
Publication Year: 2003
Series Title: Law, Meaning, and Violence