Multicultural Jurisprudence

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Release : 2009-01-16
Genre : Law
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Book Rating : 813/5 ( reviews)

Multicultural Jurisprudence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Multicultural Jurisprudence write by Marie-Claire Foblets. This book was released on 2009-01-16. Multicultural Jurisprudence available in PDF, EPUB and Kindle. 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.

Comparative Law and Multicultural Legal Classes: Challenge or Opportunity?

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Release : 2020-07-30
Genre : Law
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Book Rating : 984/5 ( reviews)

Comparative Law and Multicultural Legal Classes: Challenge or Opportunity? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Comparative Law and Multicultural Legal Classes: Challenge or Opportunity? write by Csaba Varga. This book was released on 2020-07-30. Comparative Law and Multicultural Legal Classes: Challenge or Opportunity? available in PDF, EPUB and Kindle. This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.

Multiculturalism without Culture

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Release : 2009-02-17
Genre : Political Science
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Book Rating : 736/5 ( reviews)

Multiculturalism without Culture - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Multiculturalism without Culture write by Anne Phillips. This book was released on 2009-02-17. Multiculturalism without Culture available in PDF, EPUB and Kindle. Public opinion in recent years has soured on multiculturalism, due in large part to fears of radical Islam. In Multiculturalism without Culture, Anne Phillips contends that critics misrepresent culture as the explanation of everything individuals from minority and non-Western groups do. She puts forward a defense of multiculturalism that dispenses with notions of culture, instead placing individuals themselves at its core. Multiculturalism has been blamed for encouraging the oppression of women--forced marriages, female genital cutting, school girls wearing the hijab. Many critics opportunistically deploy gender equality to justify the retreat from multiculturalism, hijacking the equality agenda to perpetuate cultural stereotypes. Phillips informs her argument with the feminist insistence on recognizing women as agents, and defends her position using an unusually broad range of literature, including political theory, philosophy, feminist theory, law, and anthropology. She argues that critics and proponents alike exaggerate the unity, distinctness, and intractability of cultures, thereby encouraging a perception of men and women as dupes constrained by cultural dictates. Opponents of multiculturalism may think the argument against accommodating cultural difference is over and won, but they are wrong. Phillips believes multiculturalism still has an important role to play in achieving greater social equality. In this book, she offers a new way of addressing dilemmas of justice and equality in multiethnic, multicultural societies, intervening at this critical moment when so many Western countries are poised to abandon multiculturalism.

Cultural Expertise and Socio-Legal Studies

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Release : 2019-02-28
Genre : Law
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Book Rating : 174/5 ( reviews)

Cultural Expertise and Socio-Legal Studies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Cultural Expertise and Socio-Legal Studies write by Austin Sarat. This book was released on 2019-02-28. Cultural Expertise and Socio-Legal Studies available in PDF, EPUB and Kindle. In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody, adoption, land rights, and asylum.

Legal Practice and Cultural Diversity

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Release : 2016-12-05
Genre : Law
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Book Rating : 394/5 ( reviews)

Legal Practice and Cultural Diversity - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Practice and Cultural Diversity write by Ralph Grillo. This book was released on 2016-12-05. Legal Practice and Cultural Diversity available in PDF, EPUB and Kindle. Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.