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| Author | : |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 366 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 9780754675471 |
This collection considers how contemporary cultural and religious diversity challenges legal practice. Comparative in analysis, this study places particular cases in their widest context, taking into account international and transnational influences.
| Author | : Ralph Grillo |
| Publisher | : Routledge |
| Total Pages | : 381 |
| Release | : 2016-12-05 |
| Genre | : Law |
| ISBN | : 1351922394 |
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.
| Author | : Lilian Richieri Hanania |
| Publisher | : Routledge |
| Total Pages | : 341 |
| Release | : 2014-04-24 |
| Genre | : Business & Economics |
| ISBN | : 1134454813 |
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.
| Author | : Prakash Shah |
| Publisher | : Routledge |
| Total Pages | : 213 |
| Release | : 2016-09-17 |
| Genre | : Law |
| ISBN | : 1135308780 |
Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.
| Author | : Craig L. Carr |
| Publisher | : Routledge |
| Total Pages | : 244 |
| Release | : 2018-07-27 |
| Genre | : Law |
| ISBN | : 0429015593 |
American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.
| Author | : Silvia Borelli |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 461 |
| Release | : 2012-07-05 |
| Genre | : Law |
| ISBN | : 900422839X |
This volume explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples.
| Author | : Marie-Claire Foblets |
| Publisher | : |
| Total Pages | : 1040 |
| Release | : 2010 |
| Genre | : Cultural pluralism |
| ISBN | : |
| Author | : Will Kymlicka |
| Publisher | : OUP Oxford |
| Total Pages | : 225 |
| Release | : 2014-05-15 |
| Genre | : Political Science |
| ISBN | : 0191664308 |
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 safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actual blameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimate and equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is an important and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency and responsibility that are at the heart of broader debates in legal, social and political philosophy.
| Author | : Stephen Tierney |
| Publisher | : Routledge |
| Total Pages | : 256 |
| Release | : 2016-03-23 |
| Genre | : Law |
| ISBN | : 1317185919 |
This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.
| Author | : Elsa Stamatopoulou |
| Publisher | : BRILL |
| Total Pages | : 353 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9004157522 |
Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.
