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Multicultural jurisprudence : comparative perspectives on the cultural defense / edited by Marie-Claire Foblets and Alison Dundes Renteln

Secondary Author Foblets, Marie-Claire, 1959-
Renteln, Alison Dundes
Country Reino Unido. Publication Oxford : Hart Publishing, imp. 2010 Description XIV, 378 p. ; 24 cm Series Oñati international series in law and society ISBN 978-1-84113-896-1 CDU 347.97 316.334.4 342.724
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Monografia Biblioteca Geral da Universidade do Minho
BGUM 347.97 - M Checked out 2022-09-01 435849

Licenciatura em Criminologia e Justiça Criminal Antropologia Jurídica 1º semestre

Mestrado em Crime, Diferença e Desigualdade Cultura, Diferença e Desigualdade 1º semestre

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Enhanced descriptions from Syndetics:

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 extent can and should courts accommodate litigants' requests 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 chapters 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.

Table of contents provided by Syndetics

  • List of Contributors (p. ix)
  • Introduction
  • Part I Theoretical Perspectives
  • 1 The Culture Defence in English Common Law: the Potential for Development (p. 7)
  • 2 Culture, Crime, and Culpability: Perspectives on the Defence of Provocation (p. 35)
  • 3 The Use and Abuse of the Cultural Defense (p. 61)
  • Part II Overview of Countries
  • 4 The Cultural Defence in Spain (p. 85)
  • 5 Visions of a Multicultural Criminal Law: an Australian Perspective (p. 121)
  • 6 The Paradox of Cultural Differences in Dutch Criminal Law (p. 145)
  • 7 The Cultural Defence in Criminal Law: South African Perspectives (p. 175)
  • Part III Specific Issues
  • 8 Criminalising Romani Culture through Law (p. 199)
  • 9 Honor Killings and the Cultural Defense in Germany (p. 229)
  • 10 A Critique of 'Loss of Face' Arguments in Cultural Defense Cases: a Comparative Study (p. 247)
  • 11 The Paradox of the Cultural Defence: Gender and Cultural Othering in Canada (p. 261)
  • Part IV Legal Actors
  • 12 Dealing with the Ethnic Other in Criminal Law Practice: a Case Study from the Netherlands (p. 287)
  • 13 Cultural Defence and Societal Dynamics (p. 301)
  • 14 The Anthropologist as Expert Witness: the Case of a Murder in Maine (p. 321)
  • Conclusion (p. 335)
  • Scientific Bibliography (p. 339)
  • Index (p. 367)

Author notes provided by Syndetics

Marie Claire Foblets is Professor ordinarius of Law and Anthropology at the Universities of Leuven, Brussels and Antwerp in Belgium.
Alison Dundes Renteln is Professor of Political Science and Anthropology at the University of Southern California.

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