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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Law, Cultural Diversity, and Criminal Defense (Paperback)
Loot Price: R1,204
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Law, Cultural Diversity, and Criminal Defense (Paperback)
Series: Cultural Diversity and Law
Expected to ship within 12 - 17 working days
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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.
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