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.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!