Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 11 Nov/Dec 2017

Book of the Month

Cover of The Law of Contract Damages

The Law of Contract Damages

Price: £100.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Multicultural Jurisprudence: Comparative Perspectives on the Cultural Defence


ISBN13: 9781841138961
Published: January 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £31.99



Despatched in 6 to 8 days.

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 the extent can and should courts accommodate litigants' request by taking their cultural backgrounds into account?

This collection brings together powerful examples of the cultural defence in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of this defence, 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 defence in jurisdictions all over the world where this has not been previously documented.

Many of the essays 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.

Subjects:
Human Rights and Civil Liberties, Jurisprudence
Contents:
Introduction
Alison Dundes Renteln and Marie-Claire Foblets
Part I Theoretical Perspectives
1. The Culture Defence in English Common Law: the Potential for Development
Gordon R Woodman
2. Culture, Crime, and Culpability: Perspectives on the Defence of Provocation
Kumaralingam Amirthalingam
3. The Use and Abuse of the Cultural Defense
Alison Dundes Renteln
Part II Overview of Countries
4. The Cultural Defence in Spain
Barbara Truffin and César Arjona
5. Visions of a Multicultural Criminal Law: an Australian Perspective
Simon Bronitt
6. The Paradox of Cultural Differences in Dutch Criminal Law
Mirjam Siesling and Jeroen Ten Voorde
7. The Cultural Defence in Criminal Law: South African Perspectives
Pieter A Carstens
Part III Specific Issues
8. Criminalising Romani Culture through Law
Joke Kusters
9. Honor Killings and the Cultural Defense in Germany
Sylvia Maier
10. A Critique of ‘Loss of Face’ Arguments in Cultural Defense Cases: a Comparative Study
Cher Weixia Chen
11. The Paradox of the Cultural Defence: Gender and Cultural Othering in Canada
Maneesha Deckha
Part IV Legal Actors
12. Dealing with the Ethnic Other in Criminal Law Practice: a Case Study from the Netherlands
Brenda Carina Oude Breuil
13. Cultural Defence and Societal Dynamics
Erik Claes and Jogchum Vrielink
14. The Anthropologist as Expert Witness: the Case of a Murder in Maine
John L Caughey
Conclusion
Alison Dundes Renteln and Marie-Claire Foblets

Series: Onati International Series in Law and Society

Comparative Perspectives on the Theory and Practice of Preventive Detention ISBN 9781849467421
To be published July 2019
Hart Publishing
£53.00
Criminologies of the Military: Militarism, National Security and Justice ISBN 9781509904860
To be published May 2018
Hart Publishing
£65.00
Regulatory Transformations: Rethinking Economy-Society Interactions ISBN 9781509917822
Published November 2017
Hart Publishing
£32.99
£58.33 + £11.66 VAT
(ePub)
Buy
£70.00
Delivering Family Justice in the 21st Century ISBN 9781509917754
Published October 2017
Hart Publishing
£24.99
£41.66 + £8.33 VAT
(ePub)
Buy
European Penology? ISBN 9781509914500
Published February 2017
Hart Publishing
£32.99
Women's Rights to Social Security and Social Protection ISBN 9781509912957
Published February 2017
Hart Publishing
£37.99
Trust in International Police and Justice Cooperation ISBN 9781849467681
Published January 2017
Hart Publishing
£45.00
Life Imprisonment and Human Rights ISBN 9781509902200
Published October 2016
Hart Publishing
£70.00
Temporary Labour Migration in the Global Era: The Regulatory Challenges (eBook) ISBN 9781509906291
Published August 2016
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Temporary Labour Migration in the Global Era: The Regulatory Challenges ISBN 9781509906284
Published August 2016
Hart Publishing
£65.00
Regulatory Transformations: Rethinking Economy-Society Interactions ISBN 9781849463447
Published August 2015
Hart Publishing
£65.00
£27.49 + £5.50 VAT
(ePub)
Buy
Delivering Family Justice in the 21st Century ISBN 9781849469128
Published July 2015
Hart Publishing
£50.00
Delivering Family Justice in the 21st Century (eBook) ISBN 9781782259718
Published July 2015
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
Women's Rights to Social Security and Social Protection (eBook) ISBN 9781849469760
Published November 2014
Hart Publishing
£31.66 + £6.33 VAT
(ePub)
Buy
Women's Rights to Social Security and Social Protection ISBN 9781849466929
Published November 2014
Hart Publishing
£85.00
£20.82 + £4.17 VAT
(ePub)
Buy
£24.99
Emotions, Crime and Justice ISBN 9781849466837
Published July 2014
Hart Publishing
£22.99
£45.82 + £9.17 VAT
(ePub)
Buy
Gender and Judging ISBN 9781841136400
Published July 2013
Hart Publishing
£60.00
Gender and Judging (eBook) ISBN 9781782251118
Published July 2013
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
European Penology? (eBook) ISBN 9781782251309
Published May 2013
Hart Publishing
£27.49 + £5.50 VAT
(ePub)
Buy
European Penology? ISBN 9781849462334
Published May 2013
Hart Publishing
£70.00
£54.16 + £10.83 VAT
(ePub)
Buy
£65.00
Managing Family Justice in Diverse Societies ISBN 9781849464000
Published February 2013
Hart Publishing
£65.00
Managing Family Justice in Diverse Societies (eBook) ISBN 9781782250777
Published February 2013
Hart Publishing
£19.16 + £3.83 VAT
(ePub)
Buy
Shooting to Kill: Socio-Legal Perspectives on the Use of Lethal Force ISBN 9781849462921
Published November 2012
Hart Publishing
£60.00
£49.99 + £10.00 VAT
(ePub)
Buy
Challenging the Legal Boundaries of Work Regulation (eBook) ISBN 9781847319784
Published July 2012
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
Challenging the Legal Boundaries of Work Regulation ISBN 9781849462792
Published July 2012
Hart Publishing
£70.00
£49.99 + £10.00 VAT
(ePub)
Buy
Criminological and Legal Consequences of Climate Change: ISBN 9781849461863
Published April 2012
Hart Publishing
£60.00
Mediation in Political Conflicts: Soft Power or Counter Culture
Edited by: Jacques Faget
ISBN 9781849460699
Published April 2011
Hart Publishing
£29.99
Emotions, Crime and Justice ISBN 9781849461610
Published April 2011
Hart Publishing
£65.00
Emotions, Crime and Justice (eBook) ISBN 9781847317834
Published April 2011
Hart Publishing
£18.32 + £3.67 VAT
(ePub)
Buy
Travels of the Criminal Question: Cultural Embeddedness and Diffusion ISBN 9781849460767
Published February 2011
Hart Publishing
£60.00
Human Rights at Work: Perspectives on Law and Regulation ISBN 9781841139982
Published October 2010
Hart Publishing
£45.00
The Legal Tender of Gender: Law, Welfare and the Regulation of Women's Poverty ISBN 9781841133157
Published February 2010
Hart Publishing
£30.99
Criminology and Archaeology: Studies in the Looting of Antiquities ISBN 9781841139920
Published November 2009
Hart Publishing
£31.99
Changing Contours of Domestic Life, Family and Law: Caring and Sharing ISBN 9781841139036
Published September 2009
Hart Publishing
£31.99
Legal Institutions and Collective Memories ISBN 9781841133263
Published August 2009
Hart Publishing
Price on Application
Legal Institutions and Collective Memories ISBN 9781841133270
Published August 2009
Hart Publishing
£35.99
Living Law: Reconsidering Eugen Ehrlich
Edited by: Marc Hertogh
ISBN 9781841138985
Published December 2008
Hart Publishing
£31.99
Women, Crime and Social Harm: Towards a Criminology for the Global Age ISBN 9781841138411
Published November 2008
Hart Publishing
£30.99
Rethinking Equality Projects in Law: Feminist Challenges ISBN 9781841138398
Published July 2008
Hart Publishing
£31.99
Responsible Business ISBN 9781841137803
Published July 2008
Hart Publishing
£31.99
Responsible Business ISBN 9781841137797
Published July 2008
Hart Publishing
£60.00
Parenting after Partnering: Containing Conflict after Separation ISBN 9781841137810
Published December 2007
Hart Publishing
£65.00
Parenting after Partnering: Containing Conflict after Separation
Edited by: Mavis Maclean
ISBN 9781841137827
Published December 2007
Hart Publishing
£30.99
Crafting Transnational Policing ISBN 9781841137759
Published November 2007
Hart Publishing
£65.00
£34.99
European Ways of Law: Towards a European Sociology of Law ISBN 9781841137773
Published October 2007
Hart Publishing
£65.00
European Ways of Law: Towards a European Sociology of Law ISBN 9781841137780
Published October 2007
Hart Publishing
£34.99
Globalisation and Resistance: Law Reform in Asia since the Crisis ISBN 9781841136806
Published May 2007
Hart Publishing
£65.00
Globalisation and Resistance: Law reform in Asia since the Crisis ISBN 9781841136813
Published May 2007
Hart Publishing
£30.99
Precarious Work, Women, and the New Economy: The Challenge to Legal Norms ISBN 9781841136165
Published April 2006
Hart Publishing
£33.99
Luhmann On Law and Politics: Critical, Appraisals and Applications ISBN 9781841136240
Published February 2006
Hart Publishing
£33.99
Theory and Method on Socio-Legal Research (eBook) ISBN 9781847316912
Published December 2005
Hart Publishing
£29.16 + £5.83 VAT
(ePub)
Buy
Theory and Method on Socio-Legal Research ISBN 9781841136264
Published December 2005
Hart Publishing
£34.99
Theory and Method in Socio-legal Research ISBN 9781841136257
Published December 2005
Hart Publishing
£80.00
Contemporary Issues of the Semiotics of Law ISBN 9781841135465
Published September 2005
Hart Publishing
£31.99
Contemporary Issues of the Semiotics of Law ISBN 9781841135458
Published September 2005
Hart Publishing
£70.00
Family Law and Family Values ISBN 9781841135472
Published June 2005
Hart Publishing
£30.00
£31.99
£70.00
£36.99
After National Democracy ISBN 9781841133287
Published May 2004
Hart Publishing
£70.00
Women in the World's Legal Professions ISBN 9781841133201
Published April 2003
Hart Publishing
£43.99
Women in the World's Legal Professions ISBN 9781841133195
Published April 2003
Hart Publishing
£95.00
Adapting Legal Cultures ISBN 9781841132914
Published November 2001
Hart Publishing
£85.00
Rethinking Law Society and Governance
ISBN 9781841132945
Published November 2001
Hart Publishing
£33.99
Rethinking Law Society and Governance
ISBN 9781841132938
Published November 2001
Hart Publishing
£80.00
Adapting Legal Cultures ISBN 9781841132921
Published November 2001
Hart Publishing
£33.99
Poverty and the Law
ISBN 9781841131900
Published April 2001
Hart Publishing
£80.00
Poverty and the Law
ISBN 9781841131917
Published April 2001
Hart Publishing
£39.99
Making Law for Families
ISBN 9781841132051
Published December 2000
Hart Publishing
£80.00
Making Law for Families
Edited by: Mavis Maclean
ISBN 9781841132068
Published December 2000
Hart Publishing
£54.99
£40.99