Multicultural Jurisprudence

Multicultural Jurisprudence
Author :
Publisher : Bloomsbury Publishing
Total Pages : 392
Release :
ISBN-10 : 9781847314819
ISBN-13 : 1847314813
Rating : 4/5 (813 Downloads)

Book Synopsis Multicultural Jurisprudence by : Marie-Claire Foblets

Download or read book Multicultural Jurisprudence written by Marie-Claire Foblets and published by Bloomsbury Publishing. This book was released on 2009-01-16 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and inevitably clashes between state law and customary law. These cultural conflicts have given rise to a new multicultural jurisprudence. In this volume scholars grapple with the immense challenges judges are currently experiencing everywhere. To what extent can and should courts accommodate litigants' requests by taking their cultural backgrounds into account? This collection brings together powerful examples of the cultural defense in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of this defense, contrary to the mistaken impression that it has been invoked principally in the United States. This book makes the case for undertaking studies of the use of the cultural defense in jurisdictions all over the world where this has not been previously documented. Many of the chapters concentrate on criminal cases including homicide in the context of honour crimes, provocation based on 'loss of face' or witchcraft killings. Some deal with other areas of law such as asylum jurisprudence, family law and housing policy. They show in concrete cases how cultural claims have arisen and how legal systems wrestle with these arguments. It is clear that judges have had considerable difficulty handling many of the cultural claims. The authors demonstrate persuasively the need to reconsider the proper use of cultural evidence in legal proceedings. Those interested in the ways in which expertise influences the disposition of cases will find this book compelling.


Multicultural Jurisprudence Related Books

Multicultural Jurisprudence
Language: en
Pages: 392
Authors: Marie-Claire Foblets
Categories: Law
Type: BOOK - Published: 2009-01-16 - Publisher: Bloomsbury Publishing

GET EBOOK

As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural commu
Multiculturalism without Culture
Language: en
Pages: 214
Authors: Anne Phillips
Categories: Political Science
Type: BOOK - Published: 2009-02-17 - Publisher: Princeton University Press

GET EBOOK

Public opinion in recent years has soured on multiculturalism, due in large part to fears of radical Islam. In Multiculturalism without Culture, Anne Phillips c
The Limits of Liberal Multiculturalism
Language: en
Pages: 231
Authors: A. Vitikainen
Categories: Philosophy
Type: BOOK - Published: 2015-07-07 - Publisher: Springer

GET EBOOK

The Limits of Liberal Multiculturalism provides a timely analysis of some of the weaknesses, as well as the successes, of the liberal multicultural project. It
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
Authenticity, Autonomy and Multiculturalism
Language: en
Pages: 240
Authors: Geoffrey Brahm Levey
Categories: Political Science
Type: BOOK - Published: 2015-05-01 - Publisher: Routledge

GET EBOOK

The concept of "authenticity" enters multicultural politics in three distinct but interrelated senses: as an ideal of individual and group identity that command