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The cultural defense
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ISBN: 0195154029 9780195154023 Year: 2004 Publisher: Oxford Oxford University Press

The cultural defense
Author:
ISBN: 0195154037 1280502096 0198035039 1433700204 9780198035039 0195303385 9780195303384 0195154029 9780195154023 9781280502095 9780195154030 0190288469 0197718841 Year: 2023 Publisher: Oxford : Oxford University Press,

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Abstract

In what ways and to what extent should cultural background be taken into consideration in response to legal problems? The first book-length study of the topic, 'The Cultural Defense' provides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom.


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Multicultural jurisprudence : comparative perspectives on the cultural defense
Authors: ---
ISBN: 9781841138961 9781841138954 1841138967 1472564669 1282159771 9786612159770 1847314813 Year: 2009 Publisher: Oxford ; Portland, Oregon : Hart Publishing,

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"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."--Bloomsbury Publishing.

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