The Cultural Defense

ISBN-13: 9780195154030 / Angielski / Miękka / 2005 / 416 str.

Alison Dundes Renteln

Opis

In what ways and to what extent should cultural background be taken into consideration in response to legal problems? The first book-length study of the topic, The Cultural Defense provides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom. Documenting an extraordinary range of cases in which individuals have attempted to invoke a cultural defense, this book provides an in-depth look at the complexities of invoking cultural arguments in the diverse bodies of law under which the cases fall. Cases considered include homicide and rape prosecutions, child abuse cases, drug use cases, the treatment of animals, and custody battles. Disputing current practices, Renteln contends that the cultural defense should, in both criminal and civil matters, be given formal recognition.

Recenzje

"Professor Renteln has ably questioned the adage, "When in Rome, do as the Romans do," as a rule for applying the law equally. Her well-informed argument for a partial cultural defense (and offense in civil litigation) echoes the jus gentium of the Roman Empire itself. The case law is fascinating." — James A.R.Nafziger, Thomas B. Stoel Professor, Willamette University College of Law

O autorze

Alison Dundes Renteln is Professor of Political Science and Anthropology at the University of Southern California. An expert on cultural rights, her publications include International Human Rights: Universalism Versus Relativism (1990) and Folk Law: Essays on the Theory and Practice of Lex Non Scripta (co-edited with Alan Dundes) (1994). She holds a Ph.D in Jurisprudence and Social Policy from the University of California, Berkeley, and a J.D. from the University of Southern California.