Multicultural Jurisprudence

Marie-Claire Foblets

ISBN 10: 1841138959 / ISBN 13: 9781841138954

Verlag: BERTRAMS PRINT ON DEMAND Jan 2009, 2009

Beschreibung

Neuware - 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 the extent can and should courts accommodate litigants' request 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 essays 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.

Bestandsnummer des Verkäufers 9781841138954

Bibliografische Details

• Titel: Multicultural Jurisprudence
• Verlag: BERTRAMS PRINT ON DEMAND Jan 2009
• Erscheinungsjahr: 2009
• Sprache: Englisch
• ISBN-10: 1841138959
• ISBN-13: 9781841138954
• Einband: Buch
• Zustand: Neu

Über diesen Titel

Inhaltsangabe

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 the extent can and should courts accommodate litigants' request 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 essays 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.

Über die Autorinnen und Autoren

Marie-Claire Foblets is Director of the Department of Law & Anthropology of the Max Planck Institute for Social Anthropology, Germany.

Alison Dundes Renteln is a Professor of Political Science and Anthropology at the University of Southern California.