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Books > Social sciences > Sociology, social studies > Anthropology
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Culture and the Judiciary - The Anthropologist Judge (Paperback)
Loot Price: R1,302
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Culture and the Judiciary - The Anthropologist Judge (Paperback)
Series: Cultural Diversity and Law
Expected to ship within 10 - 15 working days
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How can jurists resolve multicultural conflicts? Which kind of
questions should judges ask when culture enters the horizon of the
law? Are they then called to become anthropologists? Through the
analysis of hundreds of cases produced through decades of
multicultural jurisprudence, this book reconstructs the
constitutional and anthropological narratives and the legal
techniques used by Western judges to face the challenges posed by
multiculturalism: from Japanese parent-child suicide to the burqa,
from Jewish circumcision to Roma begging, from kissing a son on his
genitals to the claim of indigenous people to fish salmon in
natural parks, the book brings the reader into a fascinating
journey at the crux of the encounter between the relativism of
anthropology and the endeavor toward a democratic coexistence
pursued by the law. After identifying the recurrent themes or topoi
used by judges and lawyers, this book critically analyzes them,
evaluates their persuasive power and suggests a "cultural test"
that gathers together the crucial questions to be answered when
resolving a multicultural dispute. The "cultural test" is a matrix
that guides the judge, lawyers and legislatures across the
intricate paths of multiculturalism, to assure a relational
dialogue between the law and anthropology.
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