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Abstract
En 中文
The communitarian alternative to atomistic individualism in legal theory reproduces the very error it assails in liberal individualism. Professor Daniel R. Ortiz argues that the poststructuralist critique of the sovereign subject as appropriated by communitarian legal theories has been only half-applied-used as the founding premise for the attack on the metaphysical individualism of liberal legal theory but neglected in the elaboration of the communitarian alternative. In asserting that alternative, these theorists envision monolithic and discrete communities as the foundation of social analysis and in so doing counter the anti-foundationalist premises of their theoretical projects. This problem, which Professor Ortiz terms categorical community, is analyzed in the works of leading scholars of several movements. Duncan Kennedy's treatment of community in Critical Legal Studies, Ronald Dworkin's effort to reconcile communitarianism and liberalism, and Robin West's theory of relational feminism. Further, Professor Ortiz uses the conflict between categorical community and metaphysical individualism as the basis for a new analysis of the sameness/difference debate in feminist legal theory. Professor Ortiz urges a view of social identity that is more complex and attends to the multiplicity intersectionality, and instability of the individual's relationship to the community.
Keywords:
RACIAL CRITIQUES
LEGAL ACADEMIA
FEMINIST
RACE
ESSENTIALISM
GENDER
VOICE
LAW
Journal
S
IF:
3
Papers:
877
Citations:
3.0K
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