Communities and Law: Politics and Cultures of Legal Identities
Communities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures.
Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University. |
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Contents
1 | |
13 | |
Domination Identities and the Politics of Rights
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59 |
Chapter 3 The ArabPalestinian Community in a Jewish and Democratic State
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97 |
Chapter 4 Feminism Community and Law
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147 |
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affiliations affirmative action appeal Arab argument articulated Ashkenazi autonomy Barzilai benefits challenges chapter coalitions collective identity communal legal culture community’s concept conflict constitutional context court rulings critical communitarian defined definition democracies democratic discrimination domination electoral elite feminist community field figures first formal gender equality globalization grassroots Halachah Halachic Haredi hegemonic Hence hermeneutics Ibid individual rights institutions interactions internal Israel Israeli Arab-Palestinians Israeli Arabs issue Jewish Judaism judicial justices justified Knesset legal consciousness legal ideology legal mobilization legal pluralism legal practices legislation liberal feminism liberal feminists litigation male Meretz metanarratives military Minister minority minority’s Mizrachi multicultural Muslim non-Orthodox nonliberal nonruling communities officials organizations Orthodox Orthodox Judaism Palestinian percent perspective political culture political parties rabbinical radical radical feminism reflected religion religious conversions religious fundamentalism secular Sharia Shas significant significantly social society sociopolitical specific state’s status Supreme Court tion transnational ultra-Orthodox Jews violence women Yuchtman-Yaar Zionist
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