The cultural defense
著者
書誌事項
The cultural defense
（Oxford paperbacks）
Oxford University Press, 2005
- : pbk
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注記
Includes bibliographical references and index
"First issued as an Oxford University Press paperback, 2005" -- T.p. verso
内容説明・目次
内容説明
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 facedown 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.
An invaluable resource for practitioners, students, and the merely curious, this comprehensive treatment of cultural conflicts in diverse societies will spark lively debate.
目次
Part I: Law and Culture
1: Introduction
2: Why Culture Matters for Justice
Part II: Cultural Conflicts in the Courtroom
3: Homicide
4: Children
5: Drugs
6: Animals
7: Marriage
8: Attire
9: The Dead
Part III: Toward a Principle of Maximum Accommodation
10: The Cultural Defense in Theory and Practice
11: The Right to Culture
Notes
Bibliography
Index
「Nielsen BookData」 より
