Multicultural Jurisprudence: Comparative Perspectives on the Cultural Defense
Language: English
Published by Hart Publishing, 1958
- Softcover
- Used
Seller: Anybook.com, Lincoln, United KingdomAnybook.com
AbeBooks seller since December 22, 1999
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This is an ex-library book and may have the usual library/used-book markings inside.This book has soft covers. In good all round condition. Please note the Image in this listing is a stock photo and may not match the covers of the actual item,700grams, ISBN:9781841138961.
Seller Inventory # 4145587
- Title
- Multicultural Jurisprudence: Comparative Perspectives on the Cultural Defense
- Author
- Foblets, Marie-Claire (Ed.)
- Publisher
- Hart Publishing
- Publication year
- 1958
- Condition
- Good
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1841138967
- ISBN 13
- 9781841138961
- Item weight
- 700 grams
- Seller catalogs
- Political Science
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.
"Synopsis" may belong to another edition of this title.
About the Author
Rosemary Hunter FacSS is Professor of Socio-Legal Studies and Founding Head of Law at the School of Social Sciences and Humanities at Loughborough University, UK. She is a feminist socio-legal scholar with particular interests in family law and family justice processes, judging and the judiciary, and access to justice. She has published widely on these topics in both Australia (where she began her academic career) and the UK. With Anne Barlow, she was a member of the ESRC-funded Mapping Paths to Family Justice project, which resulted in their prize-winning book, Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times (Barlow, Hunter, Smithson and Ewing, 2017). Rosemary has been the Academic Member of the Family Justice Council since 2016 and leads the Council's Domestic Abuse Working Group. She is also a member of the Private Law Working Group and the Ministry of Justice's Expert Panel on Harm in the Family Courts. She is a former Chair of the SLSA and a former Council member of JUSTICE.
Alison Dundes Renteln is a Professor of Political Science and Anthropology at the University of Southern California.
David Nelken is Professor of Comparative and Transnational Law and past Vice-Dean for Research at King's College London, UK. Widely published in sociology of law and in criminology, he has received awards from the American Sociological Association, the American Society of Criminology, the International Sociological Association, and the (USA) Law and Society Association. He has twice been a Trustee of the LSA and Vice-President of the RSCL.
"About the title" may belong to another edition of this title.
Anybook.com
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AbeBooks seller since December 22, 1999
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