Culture and the Judiciary

Culture and the Judiciary
Author :
Publisher : Routledge
Total Pages : 248
Release :
ISBN-10 : 9780429782091
ISBN-13 : 0429782098
Rating : 4/5 (098 Downloads)

Book Synopsis Culture and the Judiciary by : Ilenia Ruggiu

Download or read book Culture and the Judiciary written by Ilenia Ruggiu and published by Routledge. This book was released on 2018-12-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism: from Japanese parent–child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journey at the crux of the encounter between the relativism of anthropology and the endeavor toward a democratic coexistence pursued by the law. After identifying the recurrent themes or topoi used by judges and lawyers, this book critically analyzes them, evaluates their persuasive power and suggests a "cultural test" that gathers together the crucial questions to be answered when resolving a multicultural dispute. The "cultural test" is a matrix that guides the judge, lawyers and legislatures across the intricate paths of multiculturalism, to assure a relational dialogue between the law and anthropology.


Culture and the Judiciary Related Books

Culture and the Judiciary
Language: en
Pages: 248
Authors: Ilenia Ruggiu
Categories: Law
Type: BOOK - Published: 2018-12-07 - Publisher: Routledge

GET EBOOK

How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to b
The Culture of Judicial Independence
Language: en
Pages: 600
Authors: Shimon Shetreet
Categories: Law
Type: BOOK - Published: 2015-01-27 - Publisher: Martinus Nijhoff Publishers

GET EBOOK

The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Indepen
The Culture of Judicial Independence
Language: en
Pages: 689
Authors: Shimon Shetreet
Categories: Law
Type: BOOK - Published: 2011-11-11 - Publisher: Martinus Nijhoff Publishers

GET EBOOK

The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts
The Judge, the Judiciary and the Court
Language: en
Pages: 341
Authors: Gabrielle Appleby
Categories: Law
Type: BOOK - Published: 2021-04-29 - Publisher: Cambridge University Press

GET EBOOK

Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
The Southern Judicial Tradition
Language: en
Pages: 288
Authors: Timothy S. Huebner
Categories: Law
Type: BOOK - Published: 2008-10-01 - Publisher: University of Georgia Press

GET EBOOK

This first book to examine the lives and work of nineteenth-century southern judges explores the emergence of a southern judiciary and the effects of regional p