Multicultural Jurisprudence

Comparative Perspectives on the Cultural Defense

Marie-Claire Foblets (Redaktør) ; Alison Renteln (Redaktør) ; Kumaralingam Amirthalingam (Innledning) ; Simon Bronitt (Innledning) ; Cher Weixia Chen (Innledning) ; Maneesha Deckha (Innledning) ; Sylvia Maier (Innledning) ; Barbara Truffin (Innledning) ; Gordon R. Woodman (Innledning) ; Cesar Arjona Sebastia (Innledning)

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. Les mer
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Om boka

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.

Fakta

Innholdsfortegnelse









































































































































List of Contributors

ix
Introduction1(6)




Alison Dundes Renteln





Marie-Claire Foblets





Part I Theoretical Perspectives





The Culture Defence in English Common Law: the Potential for Development

7(28)




Gordon R Woodman





Culture, Crime, and Culpability: Perspectives on the Defence of Provocation

35(26)




Kumaralingam Amirthalingam





The Use and Abuse of the Cultural Defense

61(24)




Alison Dundes Renteln





Part II Overview of Countries





The Cultural Defence in Spain

85(36)




Barbara Truffin





Cesar Arjona





Visions of a Multicultural Criminal Law: an Australian Perspective

121(24)




Simon Bronitt





The Paradox of Cultural Differences in Dutch Criminal Law

145(30)




Mirjam Siesling





Jeroen Ten Voorde





The Cultural Defence in Criminal Law: South African Perspectives

175(24)




Pieter A Carstens





Part III Specific Issues





Criminalising Romani Culture through Law

199(30)




Joke Kusters





Honor Killings and the Cultural Defense in Germany

229(18)




Sylvia Maier





A Critique of `Loss of Face' Arguments in Cultural Defense Cases: a Comparative Study

247(14)




Cher Weixia Chen





The Paradox of the Cultural Defence: Gender and Cultural Othering in Canada

261(26)




Maneesha Deckha





Part IV Legal Actors





Dealing with the Ethnic Other in Criminal Law Practice: a Case Study from the Netherlands

287(14)




Brenda Carina Oude Breuil





Cultural Defence and Societal Dynamics

301(20)




Erik Claes





Jogchum Vrielink





The Anthropologist as Expert Witness: the Case of a Murder in Maine

321(14)




John L Caughey

Conclusion335(4)




Alison Dundes Renteln





Marie-Claire Foblets

Scientific Bibliography339(28)
Index367

Om forfatteren

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