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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.
Defense (Criminal procedure) --- Actions and defenses --- Culture and law. --- Law and culture --- Law --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Criminal defenses --- Defenses, Criminal --- Criminal procedure --- Due process of law --- Public defenders --- Sociological aspects. --- Law and legislation --- Defense (Criminal procedure) - Sociological aspects --- Actions and defenses - Sociological aspects --- Culture and law
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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.
Comparative law --- Sociology of culture --- Actions and defenses --- Cultural defense (Law) --- Law and globalization --- Sociological jurisprudence --- Multiculturalism --- Cultural pluralism --- Defense (Criminal procedure) --- Defense (Civil procedure) --- Sociological aspects --- Law and legislation --- Cultural pluralism. --- Law and globalization. --- Sociological jurisprudence. --- Sociological aspects. --- Law and legislation. --- Cultural defense (Law). --- Actions and defenses - Sociological aspects --- Multiculturalism - Law and legislation --- Defense (Criminal procedure) - Sociological aspects --- Defense (Civil procedure) - Sociological aspects --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Social legislation --- Globalization and law --- Globalization --- Criminal defenses --- Defense (Law) --- Defenses, Criminal --- Criminal procedure --- Due process of law --- Trial practice --- Public defenders --- Civil procedure --- Cultural diversity --- Diversity, Cultural --- Diversity, Religious --- Ethnic diversity --- Pluralism (Social sciences) --- Pluralism, Cultural --- Religious diversity --- Culture --- Cultural fusion --- Ethnicity --- Civil actions --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Remedies (Law)
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