Comparative Perspectives on the Cultural Defense
Edited by Marie-Claire Foblets Alison Renteln
Contributions by Kumaralingam Amirthalingam
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Multicultural Jurisprudence by Marie-Claire Foblets
Book DescriptionAs 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 the extent can and should courts accommodate litigants' request 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 essays 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.
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Book DetailsISBN: 9781841138961
(234mm x 156mm x 19mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 1-Dec-2008
Country of Publication: United Kingdom
Books By Author Marie-Claire Foblets
Test of Faith?, Hardback (August 2012)
Examining the controversial and constantly evolving position of religion in the workplace, this collection provides information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers.
Multicultural Jurisprudence, Hardback (December 2008)
In this volume scholars grapple with the immense challenges judges are currently experiencing everywhere due to increased travel across borders.
Islam and Europe, Paperback (March 2008)» View all books by Marie-Claire Foblets
In the wake of such events as the publication of offensive cartoons of the prophet Mohammed in a Danish newspaper, the murder of Dutch filmmaker Theo van Gogh by an Islamist extremist, and a growing anti-immigrant and anti-Muslim sentiment across...
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Author Biography - Marie-Claire Foblets
Alison Dundes Renteln is a Professor of Political Science and Anthropology at the University of Southern California. Marie-Claire Foblets is Professor Ordinarius of Law and Anthropology at the Universities of Leuven, Brussels and Antwerp in Belgium.
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