Multicultural Jurisprudence
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Multicultural Jurisprudence
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Author : Marie-Claire Foblets
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-01-16
Multicultural Jurisprudence written by Marie-Claire Foblets and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-16 with Law categories.
As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and inevitably clashes between state law and customary law. These cultural conflicts have given rise to a new multicultural jurisprudence. In this volume scholars grapple with the immense challenges judges are currently experiencing everywhere. To what extent can and should courts accommodate litigants' requests by taking their cultural backgrounds into account? This collection brings together powerful examples of the cultural defense in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of this defense, contrary to the mistaken impression that it has been invoked principally in the United States. This book makes the case for undertaking studies of the use of the cultural defense in jurisdictions all over the world where this has not been previously documented. Many of the chapters concentrate on criminal cases including homicide in the context of honour crimes, provocation based on 'loss of face' or witchcraft killings. Some deal with other areas of law such as asylum jurisprudence, family law and housing policy. They show in concrete cases how cultural claims have arisen and how legal systems wrestle with these arguments. It is clear that judges have had considerable difficulty handling many of the cultural claims. The authors demonstrate persuasively the need to reconsider the proper use of cultural evidence in legal proceedings. Those interested in the ways in which expertise influences the disposition of cases will find this book compelling.
Culture And The Judiciary
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Author : Ilenia Ruggiu
language : en
Publisher: Routledge
Release Date : 2018-12-07
Culture And The Judiciary written by Ilenia Ruggiu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Law categories.
How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism: from Japanese parent–child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journey at the crux of the encounter between the relativism of anthropology and the endeavor toward a democratic coexistence pursued by the law. After identifying the recurrent themes or topoi used by judges and lawyers, this book critically analyzes them, evaluates their persuasive power and suggests a "cultural test" that gathers together the crucial questions to be answered when resolving a multicultural dispute. The "cultural test" is a matrix that guides the judge, lawyers and legislatures across the intricate paths of multiculturalism, to assure a relational dialogue between the law and anthropology.
Comparative Law And Multicultural Legal Classes Challenge Or Opportunity
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Author : Csaba Varga
language : en
Publisher: Springer Nature
Release Date : 2020-07-30
Comparative Law And Multicultural Legal Classes Challenge Or Opportunity written by Csaba Varga and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-30 with Law categories.
This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.
Legal Pluralism
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Author : Warwick Tie
language : en
Publisher: Ashgate Publishing
Release Date : 1999
Legal Pluralism written by Warwick Tie and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Culture and law categories.
This text explores the present state and future prospects of the legal pluralist paradigm. Its goal is to identify the most fertile dimensions of that paradigm for theorizing the future of law, for conditions where the liberal concept of law is contested by a range of socio-cultural perspectives.
Criminal Law And Cultural Diversity
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Author : Will Kymlicka
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Criminal Law And Cultural Diversity written by Will Kymlicka and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists, this text offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility --
Multicultural Odysseys
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Author : Will Kymlicka
language : en
Publisher: OUP Oxford
Release Date : 2009-02-05
Multicultural Odysseys written by Will Kymlicka and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-05 with Political Science categories.
We are currently witnessing the global diffusion of multiculturalism, both as a political discourse and as a set of international legal norms. States today are under increasing international scrutiny regarding their treatment of ethnocultural groups, and are expected to meet evolving international standards regarding the rights of indigenous peoples, national minorities, and immigrants. This phenomenon represents a veritable revolution in international relations, yet has received little public or scholarly attention. In this book, Kymlicka examines the factors underlying this change, and the challenges it raises. Against those critics who argue that multiculturalism is a threat to universal human rights, Kymlicka shows that the sort of multiculturalism that is being globalized is inspired and constrained by the human rights revolution, and embedded in a framework of liberal-democratic values. However, the formulation and implementation of these international norms has generated a number of dilemmas. The policies adopted by international organizations to deal with ethnic diversity are driven by conflicting impulses. Pessimism about the destabilizing consequences of ethnic politics alternates with optimism about the prospects for a peaceful and democratic form of multicultural politics. The result is often an unstable mix of paralyzing fear and naïve hope, rooted in conflicting imperatives of security and justice. Moreover, given the enormous differences in the characteristics of minorities (eg., their size, territorial concentration, cultural markers, historic relationship to the state), it is difficult to formulate standards that apply to all groups. Yet attempts to formulate more targeted norms that apply only to specific categories of minorities (eg., "indigenous peoples" or "national minorities") have proven controversial and unstable. Kymlicka examines these dilemmas as they have played out in both the theory and practice of international minority rights protection, including recent developments regarding the rights of national minorities in Europe, the rights of indigenous peoples in the Americas, as well as emerging debates on multiculturalism in Asia and Africa.
Democracy And Human Rights In Multicultural Societies
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Author : Matthias Koenig
language : en
Publisher: Routledge
Release Date : 2017-07-05
Democracy And Human Rights In Multicultural Societies written by Matthias Koenig and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Political Science categories.
Published in association with UNESCO, Democracy and Human Rights in Multicultural Societies examines the political governance of cultural diversity, specifically how public policy-making has dealt with the claims for cultural recognition that have increasingly been expressed by ethno-national movements, language groups, religious minorities, indigenous peoples and migrant communities. Its principle aim is to understand, explain and assess public-policy responses to ethnic, linguistic and religious diversity. Adopting interdisciplinary perspectives of comparative social sciences, the contributors address the conditions, forms, and consequences of democratic and human-rights-based governance of multi-ethnic, multi-lingual and multi-faith societies.
Cultural Diversity In International Law
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Author : Lilian Richieri Hanania
language : en
Publisher: Routledge
Release Date : 2014-04-24
Cultural Diversity In International Law written by Lilian Richieri Hanania and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-24 with Business & Economics categories.
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.
The Challenges Of Justice In Diverse Societies
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Author : Meena K. Bhamra
language : en
Publisher: Routledge
Release Date : 2016-04-01
The Challenges Of Justice In Diverse Societies written by Meena K. Bhamra and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-01 with Law categories.
In the urgency to respond to the challenges posed by diversity in contemporary societies, the discussion of normative foundations is often overlooked. This book takes that important first step, and offers new ways of thinking about diversity. Its contribution to an ongoing dialogue in this field lies in the construction of a normative framework which endeavours to better understand the challenges of justice in diverse societies. By applying this normative framework to specific and broader examples of injustices in the spheres of religion, culture, race, ethnicity, gender and nationality, the book demonstrates how constitutional pluralist discourses can contribute both to new and legal responses to diversity. The book will be of interest to legal professionals, policy makers, law students and scholars concerned with exploring diversity in the 21st century.
Democracy And Human Rights In Multicultural Societies
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Author : Matthias Koenig
language : en
Publisher: UNESCO
Release Date : 2007-01-01
Democracy And Human Rights In Multicultural Societies written by Matthias Koenig and has been published by UNESCO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Political Science categories.
By unanimous adoption of the Universal Declaration of Cultural Diversity, the UNESCO Member States accepted a new ethical approach to respect diversity as a guiding principle for democratic societies. While support for the Declaration remains strong, there is a general awareness that the democratic management of multicultural societies needs rethinking and further development. This publication examines the political governance of cultural diversity, specifically how public policy-making has dealt with the claims for cultural recognition that have increasingly been expressed by ethno-national movements, language groups, religious minorities, indigenous peoples and migrant communities. Its principle aim is to understand, explain and assess public policy responses to ethnic, linguistic and religious diversity. Adopting interdisciplinary perspectives of comparative social sciences, the contributors address the conditions, forms, and consequences of democratic and human-rights-based governance of multi-ethnic, multi-lingual and multi-faith societies.--Publisher's description.