By Gad Barzilai
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Additional resources for Communities and Law: Politics and Cultures of Legal Identities (Law, Meaning, and Violence)
This attention can induce further litigation as well as nonlitigious actions (1994, 48–91). Seen in this light, litigation, as one mode of political behavior and legal cultural practice, targets legal victories in courts. But, more significantly, it also represents a publicity tactic aimed at raising legal consciousness and promoting mobilization. Accordingly, McCann conceptualizes legal culture as a process that minimizes the centrality of the courts as a distinct legal actor. This process involves publicizing the case and its conduct while focusing on nonlitigious legal actions, sociopolitical coalitions, and mobilization as the pillars of legal culture.
Historically, liberal legal culture has been primarily individualistic (L. M. Friedman 1990), although liberals have emphasized the importance of groups to multicultural political articulation and participation in decision making. As “associations,” communities have not been considered as warranting collective rights and systematic collective protection in public policy and law (Lomosky 1987; Roberts 1999). In avoiding the logical consequences of this position, liberals have been 34 C ommunities and Law able to continue to embrace the primacy of individual rights (Dahl 1971, 1982; Kymlicka 1995; Smith 1997).
The application of critical communitarianism allows us to examine this contention about postcolonial communal liberation-subordination in a broader context while emphasizing variables that the postcolonial literature has played down: multiculturalism, communal legal cultures, and the interactive practices of states and nonruling communities in and toward law. But it also allows us to proceed one step further: as an extension of communitarianism, critical communitarianism underscores the interplay between state domination and the politics of identities in a communal context.
Communities and Law: Politics and Cultures of Legal Identities (Law, Meaning, and Violence) by Gad Barzilai