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Zusatztext 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. Informationen zum Autor Marie-Claire Foblets is Director of the Department of Law & Anthropology of the Max Planck Institute for Social Anthropology, Germany. Alison Dundes Renteln is a Professor of Political Science and Anthropology at the University of Southern California. Klappentext 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 the extent can and should courts accommodate litigants' request 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 essays 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. Zusammenfassung In this volume scholars grapple with the immense challenges judges are currently experiencing everywhere due to increased travel across borders. Inhaltsverzeichnis IntroductionAlison Dundes Renteln and Marie-Claire FobletsPart I Theoretical Perspectives1. The Culture Defence in English Common Law: the Potential for DevelopmentGordon R Woodman2. Culture, Crime, and Culpability: Perspectives on the Defence of ProvocationKumaralingam Amirthalingam 3. The Use and Abuse of the Cultural Defense Alison Dundes RentelnPart II Overview of Countries4. The Cultural Defence in Spain Barbara Truffin and César Arjona5. Visions of a Multicultural Criminal Law: an Australian Perspective Simon Bronitt6. The Paradox of Cultural Differences in Dutch Criminal Law Mirjam Siesling and Jeroen Ten Voorde 7. The Cultural Defence in Criminal Law: South African PerspectivesPieter A Carstens Part III Specific Issues8. Criminalising Romani Culture through LawJoke Kusters9. Honor Killings and the Cultural Defense in GermanySylvia Maier 10. A Critique of ‘Loss of Face’ Arguments in Cultural Defense Cases: a Comparative StudyCher Weixia Chen 11. The Paradox of the Cultural Defence: Gender and Cultural Othering in Canada Maneesha Deckha Part IV Legal Actors12. Dealing with the Ethnic Other in Criminal Law Practice: a Case Study from the NetherlandsBrenda Carina Oude Breuil 13. Cultural Defence and Societal DynamicsErik Claes and Jogchum Vrie...
