Multicultural Jurisprudence: Comparative Perspectives on the Cultural Defense

Author:   Marie-Claire Foblets (Max Planck Institute for Social Anthropology, Germany) ,  Alison Dundes Renteln ,  Kumaralingam Amirthalingam ,  Simon Bronitt
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781841138954


Pages:   392
Publication Date:   16 January 2009
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Multicultural Jurisprudence: Comparative Perspectives on the Cultural Defense


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Author:   Marie-Claire Foblets (Max Planck Institute for Social Anthropology, Germany) ,  Alison Dundes Renteln ,  Kumaralingam Amirthalingam ,  Simon Bronitt
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 3.00cm , Length: 23.40cm
Weight:   0.712kg
ISBN:  

9781841138954


ISBN 10:   1841138959
Pages:   392
Publication Date:   16 January 2009
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction Alison Dundes Renteln and Marie-Claire Foblets Part I Theoretical Perspectives 1. The Culture Defence in English Common Law: the Potential for Development Gordon R Woodman 2. Culture, Crime, and Culpability: Perspectives on the Defence of Provocation Kumaralingam Amirthalingam 3. The Use and Abuse of the Cultural Defense Alison Dundes Renteln Part II Overview of Countries 4. The Cultural Defence in Spain Barbara Truffin and César Arjona 5. Visions of a Multicultural Criminal Law: an Australian Perspective Simon Bronitt 6. The Paradox of Cultural Differences in Dutch Criminal Law Mirjam Siesling and Jeroen Ten Voorde 7. The Cultural Defence in Criminal Law: South African Perspectives Pieter A Carstens Part III Specific Issues 8. Criminalising Romani Culture through Law Joke Kusters 9. Honor Killings and the Cultural Defense in Germany Sylvia Maier 10. A Critique of ‘Loss of Face’ Arguments in Cultural Defense Cases: a Comparative Study Cher Weixia Chen 11. The Paradox of the Cultural Defence: Gender and Cultural Othering in Canada Maneesha Deckha Part IV Legal Actors 12. Dealing with the Ethnic Other in Criminal Law Practice: a Case Study from the Netherlands Brenda Carina Oude Breuil 13. Cultural Defence and Societal Dynamics Erik Claes and Jogchum Vrielink 14. The Anthropologist as Expert Witness: the Case of a Murder in Maine John L Caughey Conclusion Alison Dundes Renteln and Marie-Claire Foblets

Reviews

. Multicultural Jurisprudence is a worthwhile read for anyone interested in social and legal plurality and the use of culture in the judicial setting. It is consistently well written and well referenced, with excellent use of judicial precedents. It is interesting and provocative, raising many troubling issues, and highlighting the difficulty the law and legal institutions have had in coping with cultural plurality. Shawn H.E. Harmon Social & Legal Studies Volume 20, No.4 ...Foblets and Renteln deserve an accolade for redressing our ignorance regarding to what extent, if at all, cultural imperatives should mitigate punishment in today's legally pluralistic society. But most nobly of all, they endeavor to end the clash between law and culture. Lee P. Ruddin Law and Politics Book Review Vol 19, No 10, October 2009 The chapters provide a range of important examples in the courtroom . each author employs an anthropological lens that enables the reader to understand and appreciate the nuances in each country's history and how national identity affects the incorporation in judicial and administrative processes. Jamie Rowen Law and Society Review Volume 44, Issue 2 This collection . satisfies the pressing demand for further expert discussion of this subject. Overall, the strength of this volume lies in its multidisciplinarity, its internationally comparative approach, and its well-balanced provision for both theory and practice. This thought-provoking publication . will definitely be of great value to anyone interested in multiculturalism in general and in legal and philosophical implications in particular. Marie-Luisa Frick New Criminal Law Review Volume 13, No.3, Summer 2010


...Foblets and Renteln deserve an accolade for redressing our ignorance regarding to what extent, if at all, cultural imperatives should mitigate punishment in today's legally pluralistic society. But most nobly of all, they endeavor to end the clash between law and culture. Lee P. Ruddin Law and Politics Book Review Vol 19, No 10, October 2009 The chapters provide a range of important examples in the courtroom ... each author employs an anthropological lens that enables the reader to understand and appreciate the nuances in each country's history and how national identity affects the incorporation in judicial and administrative processes. Jamie Rowen Law and Society Review Volume 44, Issue 2 This collection ... satisfies the pressing demand for further expert discussion of this subject. Overall, the strength of this volume lies in its multidisciplinarity, its internationally comparative approach, and its well-balanced provision for both theory and practice. This thought-provoking publication ... will definitely be of great value to anyone interested in multiculturalism in general and in legal and philosophical implications in particular. Marie-Luisa Frick New Criminal Law Review Volume 13, No.3, Summer 2010


Author Information

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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