The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok." To allow someone charged with a crime to say "this is my culture" as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights, and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong...
The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok." To allow someone charged with a crime to say "this i...