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 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.

Fakta

Innholdsfortegnelse




























































































































































List of Contributorsix
Introduction1




Alison Dundes Renteln and Marie-Claire Foblets

Part I Theoretical Perspectives




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

7




Gordon R Woodman





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

35




Kumaralingam Amirthalingam





3. The Use and Abuse of the Cultural Defense

61




Alison Dundes Renteln

Part II Overview of Countries




4. The Cultural Defence in Spain

85




Barbara Truffin and Cesar Arjona





5. Visions of a Multicultural Criminal Law: an Australian Perspective

121




Simon Bronitt





6. The Paradox of Cultural Differences in Dutch Criminal Law

145




Miriam Siesling and Jeroen Ten Voorde





7. The Cultural Defence in Criminal Law: South African Perspectives

175




Pieter A Carstens

Part III Specific Issues




8. Criminalising Romani Culture through Law

199




Joke Kusters





9. Honor Killings and the Cultural Defense in Germany

229




Sylvia Maier





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

247




Cher Weixia Chen





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

261




Maneesha Deckha

Part IV Legal Actors




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

287




Brenda Carina Oude Breuil





13. Cultural Defence and Societal Dynamics

301




Erik Claes and Jogchum Vrielink





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

321




John L Caughey

Conclusion335




Alison Dundes Renteln and Marie-Claire Foblets

Scientific Bibliography339
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.