The Cultural Defense

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Oxford University Press, Jan 15, 2004 - Law - 416 pages
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. Documenting an extraordinary range of cases in which individuals have attempted to invoke a cultural defense, this book provides an in-depth look at the complexities of invoking cultural arguments in the diverse bodies of law under which the cases fall. Cases considered include homicide and rape prosecutions, child abuse cases, drug use cases, the treatment of animals, and custody battles. Disputing current practices, Renteln contends that the cultural defense should, in both criminal and civil matters, be given formal recognition.
 

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Contents

CULTURE CONFLICTS IN THE COURTROOM
21
TOWARD A PRINCIPLE OF MAXIMUM ACCOMMODATION
183
Notes
221
Bibliography
321
Index
391
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About the author (2004)

Alison Dundes Renteln is Professor of Political Science and Anthropology at the University of Southern California. An expert on cultural rights, her publications include International Human Rights and Folk Law (co-edited with Alan Dundes). She holds a Ph.D in Jurisprudence and Social Policy from UC Berkeley, and a J.D. from USC.

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