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All Faculty Scholarship

Indigenous, Indian, and Aboriginal Law

1998

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The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen Mar 1998

The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen

All Faculty Scholarship

This Article provides a normative framework that seeks to answer the questions of when and to what extent society should allow "dissident" communities to opt out of general culture and govern themselves. It surveys a number of such groups and develops an ideal typical conception of the ideology that drives them. Drawing on John Rawls' Political Liberalism, the Article then argues that foundational liberal commitments require that society grant most of these communities far greater powers to self-govern than currently are allowed under the law, subject to certain limits that the Article identifies. The Article then applies its framework to …