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Vol 21 No 11 Nov/Dec 2016

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Culture in Law and Development: Nurturing Positive Change

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ISBN13: 9780199915231
Published: June 2016
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £81.00



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The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed.

Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.

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Subjects:
Public International Law, Other Jurisdictions , USA
Contents:
Acknowledgments
Introduction
Chapter 1
A Brief History of Law and Development and the Emerging New Framework
Chapter 2
Culture and International Law
Chapter 3
Law and Development, Culture and Development
Chapter 4
International Law Norms
Chapter 5
To Change a Culture
Chapter 6
A Normative Defense of Culture change
Conclusion
Index