By Gad Barzilai
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Additional resources for Communities and Law: Politics and Cultures of Legal Identities (Law, Meaning, and Violence)
These meanings and practices transcend the formal legal hermeneutics of the state’s hegemonic legal culture; they are generated through interactions between the state and nonruling communities. S. Constitution, Basic Law in Germany, or Basic Law: Human Dignity and Freedom in Israel. However, the meanings of such formal constitutional cornerstones are always contestable and contingent on communal identities and legal practices as these are realized in daily life. Let me explain why Cover’s work is important for the comprehension of communities’—especially nonruling communities’—law, politics, and culture.
Cultures, Communities, & Democratic Political Cultures 19 due to the capitalist state’s ability to fragment civil society into individuals who are unable to challenge the state and its ostensible legality (Cain and Hunt 1979, 136, 206). Fragmentation is accomplished through application of the principle “one person one vote” and other individual rights. This subsequent atomization of society and particularization of the proletariat’s collective needs are accomplished by generating a mirage of social mobilization extending from the lower to the middle and upper social classes.
It has frequently been asserted that communitarians prefer the communal good to personal liberties, an argument often raised by liberals, communitarians, and postmodernists. This book will show that the collision between the collective good and individual rights does indeed occur in communities. Yet, because subordinated communities empower their members and enable them to gain and utilize personal rights, in this sense nonruling communities are sources of collective participation and personal emancipation.