Author : Liav Orgad
Publisher : Oxford University Press
Page : 305 pages
File Size : 40,68 MB
Release : 2015
Category : Law
ISBN : 019966868X
Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.
Author : Alison Dundes Renteln
Publisher : Oxford University Press, USA
Page : 422 pages
File Size : 35,21 MB
Release : 2005
Category : Law
ISBN : 9780195154030
Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.
Author : Craig L. Carr
Publisher : Routledge
Page : 244 pages
File Size : 22,71 MB
Release : 2018-07-27
Category : Law
ISBN : 0429015593
American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.
Author : Joseph Darda
Publisher : University of Chicago Press
Page : 276 pages
File Size : 24,45 MB
Release : 2019-05-23
Category : History
ISBN : 022663292X
“I still think today as yesterday that the color line is a great problem of this century,” an eighty-five-year-old W. E. B. Du Bois wrote in 1953, revisiting his famous claim from fifty years earlier. But the “greater problem,” he now believed, was that war had “become universal and continuous, and the excuse for this war continues largely to be color and race.” Empire of Defense reveals how that greater problem emerged and grew from the formation of the Department of Defense in the late 1940s to the long wars of the twenty-first century. When the Truman administration dissolved the Department of War, a cabinet-level department since 1789, and formed the DOD, it did not, Joseph Darda argues, end war but rather establish new racial criteria for who could wage it, for which lives deserved defending. Historians have long studied “perpetual war.” Critical race theorists have long confronted “the permanence of racism.” Empire of Defense shows––through an investigation of state documents, fiction, film, memorials, and news media––how the two converged and endure through national defense. Amid the rise of anticolonial and antiracist movements the world over, defense secured the future of war and white supremacy.
Author : Marie-Claire Foblets
Publisher : Oxford University Press
Page : 993 pages
File Size : 17,79 MB
Release : 2022-04-01
Category : Law
ISBN : 0192577018
The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
Author : Christopher E. Schaefer
Publisher :
Page : 58 pages
File Size : 34,72 MB
Release : 2006
Category : Actions and defenses
ISBN :
Author : Paul Harris
Publisher : NYU Press
Page : 309 pages
File Size : 45,59 MB
Release : 1997-05-01
Category : Law
ISBN : 081477315X
Traces the origins of the black rage defense in criminal court history In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm of protest that resulted when the defense for Colin Ferguson, the gunman who murdered numerous passengers on a New York commuter train, claimed it was considering a black rage defense. In this thought-provoking book, Harris traces the origins of the black rage defense back through American history, recreating numerous dramatic trials along the way. For example, he recounts in vivid detail how Clarence Darrow, defense attorney in the famous Scopes Monkey trial, first introduced the notion of an environmental hardship defense in 1925 while defending a black family who shot into a drunken white mob that had encircled their home. Emphasizing that the black rage defense must be enlisted responsibly and selectively, Harris skillfully distinguishes between applying an environmental defense and simply blaming society, in the abstract, for individual crimes. If Ferguson had invoked such a defense, in Harris's words, it would have sent a superficial, wrong-headed, blame-everything-on-racism message. Careful not to succumb to easy generalizations, Harris also addresses the possibilities of a white rage defense and the more recent phenomenon of cultural defenses. He illustrates how a person's environment can, and does, affect his or her life and actions, how even the most rational person can become criminally deranged, when bludgeoned into hopelessness by exploitation, racism, and relentless poverty.
Author : Shuchen Xiang
Publisher : State University of New York Press
Page : 326 pages
File Size : 13,50 MB
Release : 2021-06-01
Category : Philosophy
ISBN : 143848321X
In A Philosophical Defense of Culture, Shuchen Xiang draws on the Confucian philosophy of "culture" and Ernst Cassirer's philosophy of symbolic forms to argue for the importance of "culture" as a philosophic paradigm. A defining ideal of Confucian-Chinese civilization, culture (wen) spans everything from natural patterns and the individual units that make up Chinese writing to literature and other refining vocations of the human being. Wen is thus the soul of Confucian-Chinese philosophy. Similarly, as a philosopher who bridged the classical age of German humanism and postwar modernity, Cassirer implored his and future generations to think of humankind in terms of their culture and to think of the human being as a "symbolic animal." The philosophies of culture of these two traditions, very much compatible, are of urgent relevance to our contemporary epoch. Xiang describes the similarity of their projects by way of their conception of the human being, her relationship to nature, the relationship of human culture to nature, the importance of cultural pluralism, and the role of the arts in human life, as well as the metaphysical frameworks that gave rise to such conceptions. Combining textual exegesis in classical Chinese texts and an exposition of Cassirer's most important insights against the backdrop of post-Kantian philosophy, this book is philosophy written in a cosmopolitan mode, arguing for the contemporary philosophical relevance of "culture" by drawing on and bringing together two different but strikingly similar streams in our world tradition.
Author : Lawrence Rosen
Publisher : Routledge
Page : 332 pages
File Size : 41,1 MB
Release : 2017-08-09
Category : Social Science
ISBN : 131529897X
Legal systems do not operate in isolation but in complex cultural contexts. This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships, and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision, and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice. The Judgement of Culture will make informative reading for students and scholars of anthropology, law, and related subjects across the social sciences.
Author : Julie Fraser
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 14,60 MB
Release : 2020-10-30
Category : Law
ISBN : 1839107308
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
