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The Paradox Of Community - Online Term Paper

The Paradox Of Community


“One can see that insiders are caught in : The
same cultural vocabulary that undermines community is simultaneously that
community's idiom of self-affirmation” (Greenhouse, et al. 175). In Law and
Community, David M. Engel explores how ordinary people in a small, rural,
Illinois town perceive the law, courts, litigants, and community. By analyzing
the legal practices and relations in Sander County, it is evident that law and
the courts play a central role in the processes of making and unmaking
communities. Furthermore, this study illustrates how such manifestations,
reflections of the “insider's” ideology, fail to live up to the promises for “
law” in our society.
In the 1970s, ...

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major types of litigation, a norm of aversion towards this legal discourse
is evident throughout the majority of the community. Those who enforce personal
injury claims are viewed by fellow residents as greedy, selfish, and “quick to
sue.” Litigation is portrayed as weakening the collective values personified in
the law as a means of turning the law against the community to make an “easy
buck” (144). Even highly respected members of the community are criticized for
making personal injury claims. For example, a minister filed a suit after
slipping and falling at a school. A local observer commented by saying there
are “a lot of people who are resentful for it, because...he chose to sue” (28).
The long-time residents of Sander County were experiencing a prevalent sense of
a collapse in the conventional dependencies and exchanges that had typified life
in Sander County. Understandings of personal injury claims are largely shaped
by these societal transformations as the ...

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for the plaintiff since it is highly probable that he or she knows the
defendant. This community pressure keeps the majority of the people from
pursuing litigation for personal injuries. For example, a woman who lost her
child in a car accident, influenced by community pressure, failed to file a
claim. Instead, she settled for $12,000 (35). Wronged individuals usually
react to injuries without litigation. They do so either because they do not
regard the issue as a contention with another person or because association in
an insular society hinders them from maintaining an assertion that is socially
unacceptable.
Even the lawyers of Sander County, whose professional role is to ...

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The Paradox Of Community. (2004, December 22). Retrieved November 23, 2024, from http://www.essayworld.com/essays/The-Paradox-Of-Community/19353
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"The Paradox Of Community." Essayworld.com. December 22, 2004. Accessed November 23, 2024. http://www.essayworld.com/essays/The-Paradox-Of-Community/19353.
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PAPER DETAILS
Added: 12/22/2004 06:24:29 AM
Category: Miscellaneous
Type: Free Paper
Words: 1864
Pages: 7

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