The cultural defense
By: Alison Dundes Renteln.
Publisher: Oxford University Press
Published: 2004
Place of publication: New York
Language: eng
Number of pages: 404
ISBN-13: 9780195154030
Subjects: Culture and law; Defense (Criminal procedure) -- Sociological aspects; Actions and defenses -- Sociological aspects
Description: "In this book, Alison Dundes Renteln amasses hundreds of cases from the United States 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 also, ultimately, more equitable. A just, pluralistic society requires a legal system that can assess diverse motivations and 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." "An invaluable resource for practitioners, students, and the merely curious, this comprehensive treatment of cultural conflicts in diverse societies will spark lively debate."--BOOK JACKET
Notes: Includes bibliographical references (p. 321-390) and index.
Table of contents: title: Pt.I. Law and culture; title: Ch.1. Introduction; title: Ch.2. Why culture matters for justice; title: Pt.II. Culture conflicts in the courtroom; title: Ch.3. Homicide; title: Ch.4. Children; title: Ch.5. Drugs; title: Ch.6. Animals; title: Ch.7. Marriage; title: Ch.8. Attire; title: Ch.9. The dead; title: Pt.III. Toward a principle of maximum accommodation; title: Ch.10. The cultural defense in theory and practice; title: Ch.11. The right to culture.