The cultural defense [electronic resource]

상세정보

자료유형	단행본
서명/저자사항	The cultural defense [electronic resource] / Alison Dundes Renteln.
개인저자	Renteln, Alison Dundes.
발행사항	Oxford ; New York: Oxford University Press, 2004.
형태사항	1 online resource (viii, 404 p.).
기타형태 저록	Print version: Renteln, Alison Dundes. Cultural defense. Oxford ; New York : Oxford University Press, 2004 0195154029
ISBN	9780198035039 (electronic bk.) 0198035039 (electronic bk.) 0195303385 (electronic bk.) 9780195303384 (electronic bk.) 9786610502097 6610502099 0195154029 (cloth : alk. paper) 9780195154023 (cloth : alk. paper)
서지주기	Includes bibliographical references (p. 321-390) and index.
내용주기	I: Law and culture -- Why culture matters for justice -- II: Culture conflicts in the courtroom -- Homicide -- Children -- Drugs -- Animals -- Marriage -- Attire -- The dead -- III: Toward a principle of maximum accommodation -- The cultural defense in theory and practice -- The right to culture.
요약	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.
일반주제명	Defense (Criminal procedure) --Sociological aspects. Actions and defenses --Sociological aspects. Culture and law. LAW --Criminal Law --General. Electronic books.
분류기호(DDC)	345.7305
언어	영어
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