The Cultural Defense
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The Cultural Defense
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Author : Alison Dundes Renteln
language : en
Publisher: Oxford University Press, USA
Release Date : 2005
The Cultural Defense written by Alison Dundes Renteln 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 2005 with Law categories.
Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.
The Cultural Defense Of Nations
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Author : Liav Orgad
language : en
Publisher: Oxford University Press
Release Date : 2015
The Cultural Defense Of Nations written by Liav Orgad and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.
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.
Law Cultural Diversity And Criminal Defense
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Author : Craig L. Carr
language : en
Publisher: Routledge
Release Date : 2018-07-27
Law Cultural Diversity And Criminal Defense written by Craig L. Carr and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.
Cultural Defences At The International Criminal Court
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Author : Noelle Higgins
language : en
Publisher: Routledge
Release Date : 2019-12-12
Cultural Defences At The International Criminal Court written by Noelle Higgins and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-12 with Cultural defense (Law) categories.
Cultural defences, i.e. claims that certain aspects of a defendant's cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.
Criminal Law And Cultural Diversity
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Author : Will Kymlicka
language : en
Publisher: OUP Oxford
Release Date : 2014-05-15
Criminal Law And Cultural Diversity 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 2014-05-15 with Political Science categories.
The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok ". To allow someone charged with a crime to say "this is my culture " as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights, and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actual blameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimate and equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is an important and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency and responsibility that are at the heart of broader debates in legal, social and political philosophy.
Empire Of Defense
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Author : Joseph Darda
language : en
Publisher: University of Chicago Press
Release Date : 2019-05-23
Empire Of Defense written by Joseph Darda and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-23 with History categories.
“I still think today as yesterday that the color line is a great problem of this century,” an eighty-five-year-old W. E. B. Du Bois wrote in 1953, revisiting his famous claim from fifty years earlier. But the “greater problem,” he now believed, was that war had “become universal and continuous, and the excuse for this war continues largely to be color and race.” Empire of Defense reveals how that greater problem emerged and grew from the formation of the Department of Defense in the late 1940s to the long wars of the twenty-first century. When the Truman administration dissolved the Department of War, a cabinet-level department since 1789, and formed the DOD, it did not, Joseph Darda argues, end war but rather establish new racial criteria for who could wage it, for which lives deserved defending. Historians have long studied “perpetual war.” Critical race theorists have long confronted “the permanence of racism.” Empire of Defense shows––through an investigation of state documents, fiction, film, memorials, and news media––how the two converged and endure through national defense. Amid the rise of anticolonial and antiracist movements the world over, defense secured the future of war and white supremacy.
Symbolic Defense
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Author : Edward Tabor Linenthal
language : en
Publisher: University of Illinois Press
Release Date : 1989
Symbolic Defense written by Edward Tabor Linenthal and has been published by University of Illinois Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with History categories.
Since the public unveiling of SDI in 1983, discussion has focused on the technical and strategic aspects of the project. This book takes a new look, examining the cultural repercussions of SDI. Illustrated.
Black Rage Confronts The Law
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Author : Paul Harris
language : en
Publisher: NYU Press
Release Date : 1997-05-01
Black Rage Confronts The Law written by Paul Harris and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-05-01 with Law categories.
In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm of protest that resulted when the defense for Colin Ferguson, the gunman who murdered numerous passengers on a New York commuter train, claimed it was considering a black rage defense. In this thought-provoking book, Harris traces the origins of the black rage defense back through American history, recreating numerous dramatic trials along the way. For example, he recounts in vivid detail how Clarence Darrow, defense attorney in the famous Scopes Monkey trial, first introduced the notion of an environmental hardship defense in 1925 while defending a black family who shot into a drunken white mob that had encircled their home. Emphasizing that the black rage defense must be enlisted responsibly and selectively, Harris skillfully distinguishes between applying an environmental defense and simply blaming society, in the abstract, for individual crimes. If Ferguson had invoked such a defense, in Harris's words, it would have sent a superficial, wrong-headed, blame-everything-on-racism message. Careful not to succumb to easy generalizations, Harris also addresses the possibilities of a white rage defense and the more recent phenomenon of cultural defenses. He illustrates how a person's environment can, and does, affect his or her life and actions, how even the most rational person can become criminally deranged, when bludgeoned into hopelessness by exploitation, racism, and relentless poverty.
Cultural Expertise And Socio Legal Studies
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Author : Austin Sarat
language : en
Publisher: Emerald Group Publishing
Release Date : 2019-02-28
Cultural Expertise And Socio Legal Studies written by Austin Sarat and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-28 with Law categories.
In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody, adoption, land rights, and asylum.