American cultural pluralism and law

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Praeger Publishers, 2006 - Law - 287 pages
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This new edition of Norgren and Nanda's classic updates their examination of the intersection of American cultural pluralism and law. They document and analyze legal challenges to the existing social order raised by many cultural groups, among them, Native Americans and Native Hawaiians, homeless persons, immigrants, disabled persons, and Rastafarians. In addition, they examine such current controversies as the culture wars in American schools and the impact of post-9/11 security measures on Arab and Muslim individuals and communities. The book also discusses more traditional challenges to the American legal system by women, homosexuals, African Americans, Latinos, Japanese Americans, and the Mormons and the Amish. The new chapters and updated analyses in this Third Edition reflect recent, relevant court cases dealing with culture, race, gender, religion, and personal status. Drawing on court materials, state and federal legislation, and legal ethnographies, the text analyzes the ongoing tension between, on the one hand, the need of different groups for cultural autonomy and equal rights, and on the other, the necessity of national unity and security. The text integrates the authors' commentary with case descriptions set in historical, cultural, political, and economic context. While the authors' thesis is that law is an instrument of social policy that has generally furthered an assimilationist agenda in American society, they also point out how in different periods, under different circumstances, and with regard to different groups, law has also some opportunity for cultural autonomy.

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Contents

Native Americans Land and Law
3
Native Hawaiian and Puerto
21
The Fight for Justice and Equality
43
Copyright

11 other sections not shown

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About the author (2006)

JILL NORGREN is Professor Emeritus of Government at John Jay College of Criminal Justice and the Graduate Center, the City University of New York. Her research has been supported by the Rockefeller Foundation, NEH, the ACLS, and the Woodrow Wilson Center for International Scholars. She has also published (with Petra T. Shattuck) Partial Justice: Federal Indian Law in a Liberal Constitutional System

Serena Nanda is professor emeritus of anthropology at John Jay College of Criminal Justice, City University of New York. In addition to CULTURAL ANTHROPOLOGY, Tenth Edition, her published works include NEITHER MAN NOR WOMAN: THE HIJRAS OF INDIA, winner of the 1990 Ruth Benedict Prize; AMERICAN CULTURAL PLURALISM AND LAW; and GENDER DIVERSITY: CROSS-CULTURAL VARIATIONS. She is also the author of NEW YORK MORE THAN EVER: 40 PERFECT DAYS IN AND AROUND THE CITY and ?The Gift of a Bride: A Tale of Anthropology, Matrimony and Murder,? an ethnographic novel set in an Indian immigrant community in New York City. She always has been captivated by the stories people tell and by the tapestry of human diversity. Anthropology was the perfect way for her to immerse herself in these passions and, through teaching and writing, to spread the word about the importance of understanding both human differences and human similarities.