Реферат: The Paradox Of Community Essay Research Paper
lamented, ?…it wasn’t the money…but because of the principle of it that I
would definitely go to whatever means necessary…to get it collected? (50).
Contract litigation contrasts from tort litigation in that it is perceived as
inciting a central value of the established culture of Sander County (50). This
value prescribes that covenants should be kept and those who break them should
be held accountable. Opposition in the marketplace is for insiders a justified
manifestation of individualism (4). Consequently, litigation is relevant in
community terms when it is agreeable with the norms of local trade.
Litigiousness, or lack thereof, is an important signifier of distinctive
classifications of appropriate and inappropriate court use. These
classifications are ?a part of the cultural fabric of the community itself?
(120).
The dubious disposition of the law as representative of core values and
concurrently as indicator of difference in Sander County makes the courthouse an
effectual place of endeavor for ?those who would transform community? (147).
The court is a chief symbol of community and ?the epitome of local identity?
(141). Nothwithstanding, it is an ambiguous symbol. On the one hand, it
exemplifies local autonomy and conservatism. On the other, it signifies ?the
reach of the state into the fabric of local society? (1). The insiders
simultaneously condemn and celebrate forms of individualism that are seen as
destructive of community yet are also essential for its existence. Sander
County is an example of the ?American myth of a fundamentally egalitarian ethic
of community responsibility,? and ideology where getting along is commended, but
only the tough and self-reliant can get along (151). This democratic notion of
community paradoxically suggests a hierarchy of those who are important
(insiders) and those who are not (outsiders). Community is seen as a ?matter of
choice? (17). However, only certain people have the ability to make this choice.
?…One can see that insiders are caught in the paradox of community? (175).
The analyses of the legal practices and relations in Sander County