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2000

Law and Society

Culture and law

Articles 1 - 4 of 4

Full-Text Articles in Law

The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts Apr 2000

The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts

University of Michigan Journal of Law Reform

In Part I, I note the difficulty in distinguishing between silencing and silence as resistance. This difficulty has often led people in power to misinterpret the silence of people of color. Part II further explores the complications of incorporating the study of silence into resistance scholarship. I illustrate this complexity by discussing the silencing of welfare mothers and the use of language by women of color to challenge dominant medical discourse. Part III considers Professor Montoya's proposal to use silence as a pedagogical tool. Continuing my examination of silence as both liberating and accommodating, I distinguish between silence in the …


Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes Apr 2000

Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes

University of Michigan Journal of Law Reform

The articles and commentaries in this Symposium are excellent points of departure for reflecting upon the advances thus far achieved in the evolution of this still very young community of scholars. The articles and commentaries that follow this brief Introduction comprise the second "free-standing" law review Symposium on LatCrit theory organized specifically in response to student interests and initiatives. The timing is fitting, for this Symposium also coincides with the fifth anniversary of LatCrit theory's emergence in the American legal academy. Since then, five annual conferences and four additional colloquia have produced, in total, nine published symposia in both mainstream …


Legal Language In The Age Of Globalization: Prospects And Dilemmas, Patricia Fernández-Kelly Apr 2000

Legal Language In The Age Of Globalization: Prospects And Dilemmas, Patricia Fernández-Kelly

University of Michigan Journal of Law Reform

To appreciate the significance of the preceding articles, it is necessary to consider their implications in a broad context. As territorial borders become more and more permeable to the movements of capital, and as advanced technology joins even the most remote geographical areas, people throughout the world face new provocations and opportunities. Fears of cultural obliteration are being met with revitalized expressions of resistance. In the new global landscape, language plays a paramount role. The putative universality of English, for example, parallels the multiplication of vernacular idioms evolving as part of attempts to preserve cultural integrity. Yet, the counterpoint between …


Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush Apr 2000

Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush

University of Michigan Journal of Law Reform

This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm …