Multicultural Jurisprudence
Comparative Perspectives on the Cultural Defense
Published on 16. January 2009
Book
Hardback
392 pages
978-1-84113-895-4 (ISBN)
Description
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.
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.
Reviews / Votes
... Multicultural Jurisprudence is a worthwhile read for anyone interested in social and legal plurality and the use of culture in the judicial setting. It is consistently well written and well referenced, with excellent use of judicial precedents. It is interesting and provocative, raising many troubling issues, and highlighting the difficulty the law and legal institutions have had in coping with cultural plurality. Shawn H.E. Harmon Social & Legal Studies Volume 20, No.4 ...Foblets and Renteln deserve an accolade for redressing our ignorance regarding to what extent, if at all, cultural imperatives should mitigate punishment in today's legally pluralistic society. But most nobly of all, they endeavor to end the clash between law and culture. Lee P. Ruddin Law and Politics Book Review Vol 19, No 10, October 2009 The chapters provide a range of important examples in the courtroom ... each author employs an anthropological lens that enables the reader to understand and appreciate the nuances in each country's history and how national identity affects the incorporation in judicial and administrative processes. Jamie Rowen Law and Society Review Volume 44, Issue 2 This collection ... satisfies the pressing demand for further expert discussion of this subject. Overall, the strength of this volume lies in its multidisciplinarity, its internationally comparative approach, and its well-balanced provision for both theory and practice. This thought-provoking publication ... will definitely be of great value to anyone interested in multiculturalism in general and in legal and philosophical implications in particular. Marie-Luisa Frick New Criminal Law Review Volume 13, No.3, Summer 2010More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 30 mm
ISBN-13
978-1-84113-895-4 (9781841138954)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Marie-Claire Foblets | Alison Dundes Renteln
Multicultural Jurisprudence
Comparative Perspectives on the Cultural Defense
E-Book
01/2009
1st Edition
Hart Publishing
€44.49
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Marie-Claire Foblets | Alison Dundes Renteln
Multicultural Jurisprudence
Comparative Perspectives on the Cultural Defense
Book
01/2009
Hart Publishing
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Persons
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.
Content
Introduction
Alison Dundes Renteln and Marie-Claire Foblets
Part I Theoretical Perspectives
1. The Culture Defence in English Common Law: the Potential for Development
Gordon R Woodman
2. Culture, Crime, and Culpability: Perspectives on the Defence of Provocation
Kumaralingam Amirthalingam
3. The Use and Abuse of the Cultural Defense
Alison Dundes Renteln
Part II Overview of Countries
4. The Cultural Defence in Spain
Barbara Truffin and Cesar Arjona
5. Visions of a Multicultural Criminal Law: an Australian Perspective
Simon Bronitt
6. The Paradox of Cultural Differences in Dutch Criminal Law
Mirjam Siesling and Jeroen Ten Voorde
7. The Cultural Defence in Criminal Law: South African Perspectives
Pieter A Carstens
Part III Specific Issues
8. Criminalising Romani Culture through Law
Joke Kusters
9. Honor Killings and the Cultural Defense in Germany
Sylvia Maier
10. A Critique of 'Loss of Face' Arguments in Cultural Defense Cases: a Comparative Study
Cher Weixia Chen
11. The Paradox of the Cultural Defence: Gender and Cultural Othering in Canada
Maneesha Deckha
Part IV Legal Actors
12. Dealing with the Ethnic Other in Criminal Law Practice: a Case Study from the Netherlands
Brenda Carina Oude Breuil
13. Cultural Defence and Societal Dynamics
Erik Claes and Jogchum Vrielink
14. The Anthropologist as Expert Witness: the Case of a Murder in Maine
John L Caughey
Conclusion
Alison Dundes Renteln and Marie-Claire Foblets
Alison Dundes Renteln and Marie-Claire Foblets
Part I Theoretical Perspectives
1. The Culture Defence in English Common Law: the Potential for Development
Gordon R Woodman
2. Culture, Crime, and Culpability: Perspectives on the Defence of Provocation
Kumaralingam Amirthalingam
3. The Use and Abuse of the Cultural Defense
Alison Dundes Renteln
Part II Overview of Countries
4. The Cultural Defence in Spain
Barbara Truffin and Cesar Arjona
5. Visions of a Multicultural Criminal Law: an Australian Perspective
Simon Bronitt
6. The Paradox of Cultural Differences in Dutch Criminal Law
Mirjam Siesling and Jeroen Ten Voorde
7. The Cultural Defence in Criminal Law: South African Perspectives
Pieter A Carstens
Part III Specific Issues
8. Criminalising Romani Culture through Law
Joke Kusters
9. Honor Killings and the Cultural Defense in Germany
Sylvia Maier
10. A Critique of 'Loss of Face' Arguments in Cultural Defense Cases: a Comparative Study
Cher Weixia Chen
11. The Paradox of the Cultural Defence: Gender and Cultural Othering in Canada
Maneesha Deckha
Part IV Legal Actors
12. Dealing with the Ethnic Other in Criminal Law Practice: a Case Study from the Netherlands
Brenda Carina Oude Breuil
13. Cultural Defence and Societal Dynamics
Erik Claes and Jogchum Vrielink
14. The Anthropologist as Expert Witness: the Case of a Murder in Maine
John L Caughey
Conclusion
Alison Dundes Renteln and Marie-Claire Foblets