Law, Culture, and Family: The Transformative Power of Culture and the Limits of Law
22 Pages Posted: 28 Sep 2015
Date Written: 2003
Law inevitably is involved in the resolution of cultural conflicts. Nonintervention acts as powerfully as intervention; in either case, law is a powerful actor in its role as a part of cultural dialogue, as well as in its role as a coercive force. Law is never neutral in my view. If it “stays out” of a situation, then it is complicit in the status quo or in permitting the conflict to be resolved without legal intervention, which may weight the outcome in a particular direction. If law “comes in,” it similarly “sides” with a particular position because, in part, our adversarial, either/or, dichotomous orientation tends toward a winner and a loser, rather than a win-win situation.
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