Agreed a lot of the laws may seem really obvious: don't kill, don't rape, don't steal etc but there in fact can be quite a few other laws that you. This chapter addresses critics of the cultural defense who have argued that while it might help improve our backward-looking judgments of personal responsibility, it would have serious consequences for the future operation of the legal system. This chapter situates issues of cultural defenses within a broader theory about conflicts of value between minorities and the majority it highlights the many ways that the criminal law rests not just on universal principles, but also upon the particularistic cultural understandings of the dominant group. Read the cultural defense of nations: a liberal theory of majority rights (oxford constitutional theory) by liav orgad read the cultural defense of nations. Background some courts have recognized that a defendant’s responsibility for a criminal act may be diminished because of cultural differences.
In connecticut last april, with five friends from a buddhist youth group assisting him, binh gia pham doused himself with gasoline, flicked a lighter and exploded into flames. The cultural defense: undermining the policies against domestic violence a hmong tribesman from laos kidnapped his intended bride in california and raped her in order to officiate their marriage as is. Download citation | the cultural defense | the cultural defense by alison dundes renteln new york: oxford university press, 2004 416p $4500 while there is a burgeoning scholarly literature on such topics as cultural pluralism, ethnic diversity, and the politics of recognition, there has been relatively little. Abstract invoking a cultural defense has become a popular but controversial legal strategy after explaining that the scope of the cultural defense is broader than is often understood and that it is used to mitigate punishment, create exemptions from policies, and increase the size of damage awards, i identify the normative principles that. In criminal law, a cultural defense, a novel theory, is a defense to the prosecution for a criminal act which, according to the defendant results from his/her cultural background.
Kong moua, a hmong tribesman from the hills of laos, drove to the fresno city college campus looking for his intended bride locating her at her job in the student finance office, he spirited her. 27 nm l rev101 (winter 1997 1997) winter 1997 the cultural defense and the problem of cultural preemption: a framework for analysis nancy s kim.
Gordon 06/02/01 2:36 pm 1809 the implications of memetics for the cultural defense neal a gordon introduction the cultural defense has been the subject of a great deal of re. Description never in human history has so much attention been paid to human movement global migration yields demographic shifts of historical significance, profoundly shaking up world politics as has been seen in the refugee crisis, the brexit referendum, and the 2016 us election. The cultural defense [alison dundes renteln] on amazoncom free shipping on qualifying offers in what ways and to what extent should cultural background be taken into consideration in response to legal problems.
Get this from a library the cultural defense [alison dundes renteln] -- publisher's description: in a trial in california, navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the constitution's free exercise of. Much has been written about the so-called cultural defense or, more accurately, the proffer of cultural evidence by a criminal defendant seeking to mitigate a c. The cultural defense cases that have attracted the greatest attention are those involving killing individuals lose self-control for different reasons, which sometimes, unfortunately, leads to violent acts.
Alice renteln’sthe cultural defense 298 how culture, and the interpretation of culture by anthropologists and media-tors, centrally constitutes.
Tulsa journal of comparative and international law volume 7|issue 1 article 8 9-1-1999 role of culture in psychology: a look at mental illness and the cultural defense, the. 299 the cultural defense: reflections in light of the model penal code and the religious freedom restoration act kent greenawalt∗ i introduction i wrote this essay after participating in a 2006 workshop on criminal law and. The cultural defense has 9 ratings and 2 reviews annie said: fascinating look at this defence raised in a variety of situations read for the section on. This article examines debates in political theory, international law, and the social sciences generally regarding the nature and scope of cultural rights cultu. How can the answer be improved. The cultural defense does not excuse those who commit crimes it merely advocates understanding the background of those individuals who break the law. 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.
View cultural defense research papers on academiaedu for free. In a trial in california, navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the constitution's free exercise of religion clause, trumping the states' right to regulate them. Cultural and religious defenses to criminal courts have refused to recognize any religious or cultural defense in cases involving marijuana or other widely. Berkeley law berkeley law scholarship repository faculty scholarship 1-1-1994 (mis)identifying culture: asian women and the cultural defense leti volpp.