Communities and Law: Politics and Cultures of Legal Identities

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University of Michigan Press, Feb 5, 2010 - Law - 384 pages
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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

Conceptual Framework and Structure
1
Chapter 1 Legal Cultures Communities and Democratic Political Cultures
13
Domination Identities and the Politics of Rights
59
Chapter 3 The ArabPalestinian Community in a Jewish and Democratic State
97
Chapter 4 Feminism Community and Law
147
The Jewish UltraOrthodox Haredi Community and Legal Culture
209
The Return to the Communal Space
279
Bibliography
313
Index
351
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