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Die kulturwissenschaftlichen Perspektiven auf das Recht sind vielfältig. Der Band geht vor allem den normativen Verwendungsweisen des ‚Kultur‘-Begriffs in der Rechtswissenschaft nach – von der neukantianischen Kulturphilosophie bis zum Poststrukturalismus, bei kommunitaristischen und multikulturalistischen Autoren, in der ‚kulturwissenschaftlichen Verfassungslehre‘ sowie in jenen Ansätzen, denen zufolge das Grundgesetz von einer ‚christlichen Kultur‘ überformt wird. Seine Antwort auf die Frage, was der Begriff der Kultur zur Eigenreflexion des Rechts beitragen kann, lautet: Nichts, außer Verwirrung. Die These von der Kultur als einer Geltungsquelle von Recht ist falsch. Es führt kein Weg von der Kultur zum Rechtssystem oder von kulturellen Werten zum Gehalt juridischer Normen. Der Kulturbegriff kann deshalb am Ende wenig anderes leisten, als die Anforderungen zu unterlaufen, denen rechtliches Begründen genügen muss. Der Autor lehrt Rechtsphilosophie an der Westfälischen Wilhelms-Universität Münster und forscht im dortigen Exzellenzcluster „Religion und Politik“.
Culture --- Culture and law. --- Philosophy. --- Law and culture --- Law --- Allgemeine Grundlagen des Rechts --- Rechtsmethodik --- Methodenlehre
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The volume presents the reports and discussions held at the conference of the "Association of German Constitutional Law Teachers" in Frankfurt from October 5th to October 8th, 2005.
Theory of the state --- Culture and law --- Cultural assets/law. --- constitutional state. --- freedom of science. --- Law and culture --- Law
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Intellectual property --- Ethnoscience --- Cultural property --- Indigenous peoples --- Traditional ecological knowledge --- Culture and law --- Protection --- Law and legislation --- Legal status, laws, etc.
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A large majority of the South African population adheres to some form of traditional belief and this book considers whether indigenous African religions, independent African churches, and traditional practices deserve constitutional protection and recognition by the state. It also discusses what the legal and constitutional implications of the state's intervention in traditional religious matters are.
Black people --- Constitutional law --- Culture and law. --- Freedom of religion --- Law --- Religion and law --- Religion and state --- Legal status, laws, etc. --- Religious aspects. --- South Africa --- Religion.
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Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
Cultural property --- Culture and law --- Protection --- Law and legislation --- European Union countries --- Cultural affairs. --- Cultural heritage --- Cultural patrimony --- Cultural resources --- Heritage property --- National heritage --- National patrimony --- National treasure --- Patrimony, Cultural --- Treasure, National --- Property --- World Heritage areas --- Law and culture --- Law --- EU countries --- Euroland --- Europe
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What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ test? Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the measuring, Hayman traces numerous campaigns to classify human intelligence. His tour takes us through the early craniometric movement, eugenics, the development of the IQ, Spearman's "general" intelligence, and more recent works claiming a genetic basis for intelligence differences. What Hayman uncovers is the maddening irony of intelligence: that "scientific" efforts to reduce intelligence to a single, ordinal quantity have persisted--and at times captured our cultural imagination--not because of their scientific legitimacy, but because of their longstanding political appeal. The belief in a natural intellectual order was pervasive in "scientific" and "political" thought both at the founding of the Republic and throughout its nineteenth-century Reconstruction. And while we are today formally committed to the notion of equality under the law, our culture retains its central belief in the natural inequality of its members. Consequently, Hayman argues, the promise of a genuine equality can be realized only when the mythology of "intelligence" is debunked--only, that is, when we recognize the decisive role of culture in defining intelligence and creating intelligence differences. Only culture can give meaning to the statement that one person-- or one group--is smarter than another. And only culture can provide our motivation for saying it. With a keen wit and a sharp eye, Hayman highlights the inescapable contradictions that arise in a society committed both to liberty and to equality and traces how the resulting tensions manifest themselves in the ways we conceive of identity, community, and merit.
Mental health laws --- Intelligence quotient --- IQ (Intelligence quotient) --- Equal protection of the law --- Intelligence levels. --- Culture and law. --- Equality before the law --- People with mental disabilities --- Civil rights --- Educational psychology --- Law and culture --- Law --- Intellectually disabled persons --- Mental disabilities, People with --- Mentally deficient persons --- Mentally disabled persons --- Mentally disordered persons --- Mentally handicapped --- Mentally retarded persons --- People with intellectual disabilities --- Retarded persons --- People with disabilities --- Intellectual disability --- Mentally ill
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"Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role"--
Law and anthropology. --- Forensic anthropology. --- Culture and law. --- Multiculturalism --- Ethnological jurisprudence. --- Customary law --- Minorities --- Legal polycentricity --- Evidence, Expert. --- Law and legislation. --- Social aspects. --- Legal status, laws, etc. --- Expert evidence --- Expert testimony --- Expert witness --- Expert witnesses --- Opinion evidence --- Scientific evidence (Law) --- Evidence (Law) --- Witnesses --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws --- Minority rights --- Customs (Law) --- Folk law --- Law, Primitive --- Traditional law --- Usage and custom (Law) --- Social norms --- Common law --- Time immemorial (Law) --- Social legislation --- Jurisprudence, Ethnological --- Comparative law --- Law and culture --- Anthropology, Forensic --- Medicolegal anthropology --- Forensic sciences --- Anthropology --- Anthropology and law --- Ethnological jurisprudence
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