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The Cultural Defense (Paperback, New ed)
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The Cultural Defense (Paperback, New ed)
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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 facedown 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. An
invaluable resource for practitioners, students, and the merely
curious, this comprehensive treatment of cultural conflicts in
diverse societies will spark lively debate.
General
Imprint: |
Oxford UniversityPress
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Country of origin: |
United States |
Release date: |
June 2005 |
First published: |
May 2005 |
Authors: |
Alison Dundes Renteln
(Professor of Political Science and Anthropology)
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Dimensions: |
235 x 155 x 28mm (L x W x T) |
Format: |
Paperback
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Pages: |
414 |
Edition: |
New ed |
ISBN-13: |
978-0-19-515403-0 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Law & society
|
LSN: |
0-19-515403-7 |
Barcode: |
9780195154030 |
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