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The Cultural Defense

Author : Alison Dundes Renteln
Publisher : Oxford University Press, USA
ISBN 13 : 9780195154030
Total Pages : 422 pages
Book Rating : 4.1/5 (54 download)

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Book Synopsis The Cultural Defense by : Alison Dundes Renteln

Download or read book The Cultural Defense written by Alison Dundes Renteln and published by Oxford University Press, USA. This book was released on 2005 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Liav Orgad
Publisher : Oxford University Press
ISBN 13 : 019966868X
Total Pages : 305 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Cultural Defense of Nations by : Liav Orgad

Download or read book The Cultural Defense of Nations written by Liav Orgad and published by Oxford University Press. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Marie-Claire Foblets
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314813
Total Pages : 392 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Multicultural Jurisprudence by : Marie-Claire Foblets

Download or read book Multicultural Jurisprudence written by Marie-Claire Foblets and published by Bloomsbury Publishing. This book was released on 2009-01-16 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Cultural Defense of Nations

Author : Liav Orgad
Publisher : Oxford University Press
ISBN 13 : 0191646431
Total Pages : 305 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Cultural Defense of Nations by : Liav Orgad

Download or read book The Cultural Defense of Nations written by Liav Orgad and published by Oxford University Press. This book was released on 2015-11-05 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of Nations addresses one of the greatest challenges facing liberalism today: is a liberal state justified in restricting immigration and access to citizenship in order to protect its majority culture? Liberal theorists and human rights advocates recognize the rights of minorities to maintain their unique cultural identity, but assume that majorities have neither a need for similar rights nor a moral ground for defending them. The majority culture, so the argument goes, "can take care of itself." However, with more than 250 million immigrants worldwide, majority groups increasingly seek to protect what they consider to be their national identity. In recent years, liberal democracies have introduced proactive immigration and citizenship policies that are designed to defend the majority culture. This book shifts the focus from the prevailing discussion of cultural minority rights and, for the first time, addreses the cultural rights of majorities. It proposes a new approach by which liberal democracies can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism. Disregarding the topic of cultural majority rights is not only theoretically wrong, but also politically unwise. With forms of "majority nationalism" rising and the growing popularity of extreme right-wing parties in the West, time has come to liberally address the new challenge.

Law, Cultural Diversity, and Criminal Defense

Author : Craig L. Carr
Publisher : Routledge
ISBN 13 : 0429015593
Total Pages : 154 pages
Book Rating : 4.4/5 (29 download)

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Book Synopsis Law, Cultural Diversity, and Criminal Defense by : Craig L. Carr

Download or read book Law, Cultural Diversity, and Criminal Defense written by Craig L. Carr and published by Routledge. This book was released on 2018-07-27 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Encyclopedia of Women and Islamic Cultures

Author : Suad Joseph
Publisher : BRILL
ISBN 13 : 9004128182
Total Pages : 873 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Encyclopedia of Women and Islamic Cultures by : Suad Joseph

Download or read book Encyclopedia of Women and Islamic Cultures written by Suad Joseph and published by BRILL. This book was released on 2003 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family, Law and Politics, Volume II of the Encyclopedia of Women & Islamic Cultures, brings together over 360 entries on women, family, law, politics, and Islamic cultures around the world.

Criminal Law and Cultural Diversity

Author : Will Kymlicka
Publisher : OUP Oxford
ISBN 13 : 0191664308
Total Pages : 240 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Criminal Law and Cultural Diversity by : Will Kymlicka

Download or read book Criminal Law and Cultural Diversity written by Will Kymlicka and published by OUP Oxford. This book was released on 2014-05-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Cultural Issues in Criminal Defense

Author : Linda Friedman Ramirez
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578232716
Total Pages : 1156 pages
Book Rating : 4.5/5 (782 download)

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Book Synopsis Cultural Issues in Criminal Defense by : Linda Friedman Ramirez

Download or read book Cultural Issues in Criminal Defense written by Linda Friedman Ramirez and published by Juris Publishing, Inc.. This book was released on 2010-08-01 with total page 1156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The one essential treatise for representing immigrant and diverse clients, up to date with Padilla v Kentucky, with jurisprudence and practice tips relevant to all stages of representation, from interviewing clients to handling post conviction and relief. This treatise will be of interest to public defender offices as well as private practitioners.Keeping pace with the rapidly changing face of America, Cultural Issues in Criminal Defense -3rd edition is the complete reference guide to one of the most challenging and topical subjects in contemporary criminal law. Cultural Issues in Criminal Defense is an indispensable book for the criminal defense lawyer representing people from other cultures, nationalities or ethnic backgrounds. Lawyers defending these individuals face a host of characteristic concerns that include cultural barriers to communication, the need for qualified interpreters, unique Fourth and Fifth Amendment issues, cultural defenses, issues involving Native Americans, the immigration consequences of a conviction, and distinctive sentencing issues. Packed with practice tips and helpful precedent cases, Cultural Issues in Criminal Defense is the only book on the market that walks the practitioner through these issues in a clear, comprehensive and systematic way. Extensively updated and expanded for its third edition, the guide now includes chapters on stimulating new subjects such as consular assistance issues, gathering evidence abroad, language proficiency concerns and international prisoner transfers.

Cultural Defences at the International Criminal Court

Author : Noelle Higgins
Publisher : Routledge
ISBN 13 : 1351718037
Total Pages : 124 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Cultural Defences at the International Criminal Court by : Noelle Higgins

Download or read book Cultural Defences at the International Criminal Court written by Noelle Higgins and published by Routledge. This book was released on 2017-12-22 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Gender and Culture

Author : Anne Phillips
Publisher : Polity
ISBN 13 : 0745647995
Total Pages : 181 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Gender and Culture by : Anne Phillips

Download or read book Gender and Culture written by Anne Phillips and published by Polity. This book was released on 2010-06 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Anne Phillips firmly rejects the notion that 'culture' might justify the oppression of women, but also queries the stereotypical binaries that have represented people from ethnocultural minorities as peculiarly resistant to gender equality.

Justice, Gender, and the Politics of Multiculturalism

Author : Sarah Song
Publisher : Cambridge University Press
ISBN 13 : 1139466658
Total Pages : 174 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Justice, Gender, and the Politics of Multiculturalism by : Sarah Song

Download or read book Justice, Gender, and the Politics of Multiculturalism written by Sarah Song and published by Cambridge University Press. This book was released on 2007-08-02 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal law, aboriginal membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue.

Cultural Law

Author : James A. R. Nafziger
Publisher : Cambridge University Press
ISBN 13 : 1139489321
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Cultural Law by : James A. R. Nafziger

Download or read book Cultural Law written by James A. R. Nafziger and published by Cambridge University Press. This book was released on 2010-11-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural law is a new and exciting field of study and practice. The core themes of linguistic and other cultural rights, cultural heritage, traditional crafts and knowledge, the performing arts, sports, and religion are of fundamental importance to people around the world, engaging them at the grass roots and often commanding their daily attention. The related legal processes are both significant and complex. This unique collection of materials and commentary on cultural law covers a broad range of themes. Opening chapters explore critical issues involving cultural activities, artifacts, and status as well as the fundamental concepts of culture and law. Subsequent chapters examine the dynamic interplay of law and culture with respect to each of the core themes. The materials demonstrate the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues. Throughout the book, these issues are presented at multiple levels of legal authority: international, national, and subnational.

Criminal Law and Cultural Diversity

Author : Will Kymlicka
Publisher : Oxford University Press, USA
ISBN 13 : 0199676593
Total Pages : 225 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Criminal Law and Cultural Diversity by : Will Kymlicka

Download or read book Criminal Law and Cultural Diversity written by Will Kymlicka and published by Oxford University Press, USA. This book was released on 2014 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 --

Asian American Studies

Author : Jean Yu-wen Shen Wu
Publisher : Rutgers University Press
ISBN 13 : 9780813527260
Total Pages : 604 pages
Book Rating : 4.5/5 (272 download)

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Book Synopsis Asian American Studies by : Jean Yu-wen Shen Wu

Download or read book Asian American Studies written by Jean Yu-wen Shen Wu and published by Rutgers University Press. This book was released on 2000 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology is the perfect introduction to Asian American studies, as it both defines the field across disciplines and illuminates the centrality of the experience of Americans of South Asian, East Asian, Southeast Asian, and Filipino ancestry to the study of American culture, history, politics, and society. The reader is organized into two parts: "The Documented Past" and "Social Issues and Literature." Within these broad divisions, the subjects covered include Chinatown stories, nativist reactions, exclusionism, citizenship, immigration, community growth, Asia American ethnicities, racial discourse and the Civil Rights movement, transnationalism, gender, refugees, anti-Asian American violence, legal battles, class polarization, and many more. Among the contributors are such noted scholars as Gary Okihiro, Michael Omi, Yen Le Espiritu, Lisa Lowe, and Ronald Takaki; writers such as Sui Sin Far, Bienvenido Santos, Sigrid Nunez, and R. Zamora Linmark, as well as younger, emerging scholars in the field.

Colonial Discourse and Gender in U.S. Criminal Courts

Author : Caroline Braunmühl
Publisher : Routledge
ISBN 13 : 1136341161
Total Pages : 296 pages
Book Rating : 4.1/5 (363 download)

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Book Synopsis Colonial Discourse and Gender in U.S. Criminal Courts by : Caroline Braunmühl

Download or read book Colonial Discourse and Gender in U.S. Criminal Courts written by Caroline Braunmühl and published by Routledge. This book was released on 2012-08-06 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The occurrence in some criminal cases of "cultural defenses" on behalf of "minority" defendants has stirred much debate. This book is the first to illuminate how "cultural evidence" — i.e., "evidence" regarding ethnicity — is actually negotiated by attorneys, expert/lay witnesses, and defendants in criminal trials. Caroline Braunmühl demonstrates that this has occurred, overwhelmingly, in ways shaped by colonialist and patriarchal discourses common in the Western world. She argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure this fact, and has been biased against minorities as well as all women from its inception, in the very terms in which the question for debate has been framed. This study also breaks new ground by analyzing the strategies, and the failures, in which colonialist and patriarchal constructions of cultural evidence are resisted or — more commonly — colluded in by opposing attorneys, witnesses, and defendants themselves. The constructions at hand emerge as contradictory and unstable, belying the notion that cultural evidence is a matter of objective "information" about another culture, rather than — as Braunmühl argues — of discourses that are inevitably normatively charged. Colonial Discourse and Gender in US Criminal Courts moves the debate about cultural defenses onto an entirely new plane, one based upon the understanding that only in-depth empirical analyses informed by critical, rigorous theoretical reflection can do justice to the irreducibly political character of any discussion of "cultural evidence," and of its presentation in court.

Cultural Expertise and Socio-Legal Studies

Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 1787695174
Total Pages : 216 pages
Book Rating : 4.7/5 (876 download)

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Book Synopsis Cultural Expertise and Socio-Legal Studies by : Austin Sarat

Download or read book Cultural Expertise and Socio-Legal Studies written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2019-02-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Encyclopedia of Violence, Peace, and Conflict

Author :
Publisher : Academic Press
ISBN 13 : 0123739853
Total Pages : 2767 pages
Book Rating : 4.1/5 (237 download)

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Book Synopsis Encyclopedia of Violence, Peace, and Conflict by :

Download or read book Encyclopedia of Violence, Peace, and Conflict written by and published by Academic Press. This book was released on 2008-09-05 with total page 2767 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2nd edition of Encyclopedia of Violence, Peace and Conflict provides timely and useful information about antagonism and reconciliation in all contexts of public and personal life. Building on the highly-regarded 1st edition (1999), and publishing at a time of seemingly inexorably increasing conflict and violent behaviour the world over, the Encyclopedia is an essential reference for students and scholars working in the field of peace and conflict resolution studies, and for those seeking to explore alternatives to violence and share visions and strategies for social justice and social change. Covering topics as diverse as Arms Control, Peace Movements, Child Abuse, Folklore, Terrorism and Political Assassinations, the Encyclopedia comprehensively addresses an extensive information area in 225 multi-disciplinary, cross-referenced and authoritatively authored articles. In his Preface to the 1st edition, Editor-in-Chief Lester Kurtz wrote: "The problem of violence poses such a monumental challenge at the end of the 20th century that it is surprising we have addressed it so inadequately. We have not made much progress in learning how to cooperate with one another more effectively or how to conduct our conflicts more peacefully. Instead, we have increased the lethality of our combat through revolutions in weapons technology and military training. The Encyclopedia of Violence, Peace, and Conflict is designed to help us to take stock of our knowledge concerning these crucial phenomena." Ten years on, the need for an authoritative and cross-disciplinary approach to the great issues of violence and peace seems greater than ever. More than 200 authoritative multidisciplinary articles in a 3-volume set Many brand-new articles alongside revised and updated content from the First Edition Article outline and glossary of key terms at the beginning of each article Entries arranged alphabetically for easy access Articles written by more than 200 eminent contributors from around the world