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Law and the Community: The End of Individualism?

NCJ Number
126924
Editor(s)
A C Hutchinson, L J M Green
Date Published
1989
Length
297 pages
Annotation
Eleven papers examine legal issues stemming from the competing theories of "liberalism," with a focus on the rights of individuals and "communitarianism" which focuses on the social interactions and responsibilities of individuals.
Abstract
Liberals, as defined in this discussion, perceive that all value ultimately rests in the interests of separate human beings. Communitarians view human life as essentially social, such that justice must be realized in the context of social interactions and collective living. The chapters of this book explore what other critical traditions make of the new communitarianism as an alternative to the dominant liberal vision. The major conclusion of the writers is that communitarianism is not a substantial alternative. One group of writers maintains that the communitarian critique is timely and constructive in stemming the tide of excessive individualism, but suggests ways in which the concept should be improved. Other contributors recognize the deficiencies of individualistic liberalism but doubt that communitarian ideas are any improvement. Issues discussed in the context of considering the contrasting theories are feminist concerns, minority rights, and family law. Chapter footnotes. For the chapter on family law, see NCJ-126925.