The Rights of Groups: Understanding Community in the Eyes of the Law

Argues that a refined concept of culture can be used by American courts to better analyze cases that cover the sense of community.

Supreme Court Justices frequently justify their opinions in terms of the traditions and customs of a community. Yet, the rights and interests of entities that fit neither with the state nor the individual are treated as fluid and subjective, often existing without clarity in the current legal framework. The Rights of Groups focuses on a series of specific example...