Download or read book The Cultural Defense written by Alison Dundes Renteln and published by Oxford University Press, USA. This book was released on 2005 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Cultural Defense of Nations written by Liav Orgad and published by Oxford University Press. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law Cultural Diversity and Criminal Defense written by Craig L. Carr and published by Routledge. This book was released on 2018-07-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Empire of Defense written by Joseph Darda and published by University of Chicago Press. This book was released on 2019-05-23 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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.
Download or read book Symbolic Defense written by Edward Tabor Linenthal and published by University of Illinois Press. This book was released on 1989 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the public unveiling of SDI in 1983, discussion has focused on the technical and strategic aspects of the project. This book takes a new look, examining the cultural repercussions of SDI. Illustrated.
Download or read book The Cultural Defense written by Christopher E. Schaefer and published by . This book was released on 2006 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022-04-01 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Philosophical Defense of Culture written by Shuchen Xiang and published by State University of New York Press. This book was released on 2021-06-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Black Rage Confronts the Law written by Paul Harris and published by NYU Press. This book was released on 1997-05-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law and Culture written by Mateusz Stępień and published by Springer Nature. This book was released on 2021-10-28 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divided into three parts, this book examines the relationship between law and culture from various perspectives, both theoretical and empirical. Part I outlines the framework for further considerations and includes new, innovative conceptualizations of two ideas that are essential to the topic of law and culture: legal culture and customary law. Both of these reappear later in the more empirically oriented chapters of Parts II and III. Part II includes chapters on the relationships between law, customs, and culture, drawing heavily on the tradition and achievements of the anthropology of law and touching on important problems of multiculturalism, legal pluralism, and cultural defense. It focuses on the more intangible meaning of culture, while Part III addresses its more material, tangible aspects and the issue of cultural production, as well as its intersection with law.
Download or read book The Judgment of Culture written by Lawrence Rosen and published by Routledge. This book was released on 2017-08-09 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Defending Humanity written by George P. Fletcher and published by Oxford University Press on Demand. This book was released on 2008-03-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: Murder among nations -- How to talk about self-defense -- A theory of legitimate defense -- The six elements of legitimate defense -- Excusing international aggression -- Humanitarian intervention -- Preemptive and preventitive wars -- The collective dimension of war.
Download or read book Multicultural Jurisprudence written by Marie-Claire Foblets and published by Bloomsbury Publishing. This book was released on 2009-01-16 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Capital Defense written by Jon B. Gould and published by NYU Press. This book was released on 2019-06-18 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unsung heroes who defend the accused from the ultimate punishment What motivates someone to make a career out of defending some of the worst suspected killers of our time? In Capital Defense, Jon B. Gould and Maya Pagni Barak give us a glimpse into the lives of lawyers who choose to work in the darkest corner of our criminal justice system: death penalty cases. Based on in-depth personal interviews with a cross-section of the nation’s top capital defense teams, the book explores the unusual few who voluntarily represent society’s “worst of the worst.” With a compassionate and careful eye, Gould and Barak chronicle the experiences of American lawyers, who—like soldiers or surgeons—operate under the highest of stakes, where verdicts have the power to either “take death off the table” or put clients on “the conveyor belt towards death.” These lawyers are a rare breed in a field that is otherwise seen as dirty work and in a system that is overburdened, under-resourced, and overshadowed by social, cultural, and political pressures. Examining the ugliest side of our criminal justice system, Capital Defense offers an up-close perspective on the capital litigation process and its impact on the people who participate in it.
Download or read book STRONG ON DEFENSE SIMPLE STRATEGIES TO PROTECT YOU AND YOUR FAMILY FRO written by Sanford Strong and published by Simon and Schuster. This book was released on 1996-05 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows you how to make tough-minded survival decisions. It's a book you can't afford to live without.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
