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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.
The leading textbook on international human rights law is now better than ever. The content has been fully updated and now provides more detailed coverage of substantive human rights, along with new sections on the war on terror and on the progressive realization of economic and social rights, making this the most comprehensive book in the field. It has a new, more student-friendly text design and has retained the features which made the first edition so engaging and accessible, including the concise and critical style, and questions and case studies within each chapter, as well as suggestions for further reading. Written by De Schutter, whose extensive experience working in the field and teaching the subject in both the US and EU gives him a unique perspective and valuable insight into the requirements of lecturers and students. This is an essential tool for all students of international human rights law.
Originally published in 1994, Folk Law, a comprehensive two-volme collection of essays, examines the meeting place of folklore - the unwritten law of obligations and prohibitions that are understood and passed on - and jurisprudence. The contributors explore the historical significance and implications of folk law, its continuing influence around the globe, and the conflicts that arise when folk law diverges from official law. Valuable for students and scholars of law, folklore, or anthropology, Renteln and Dundes's extensive casebook marks a rare interdisciplinary approach to two important areas of research.
A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.
The ethical issues we face in health care, justice, and human rights extend beyond national boundaries—they are global and cross-cultural in scope. Editors Wanda Teays and Alison Dundes Renteln have assembled the works of a diverse interdisciplinary and international team of bioethics experts into a comprehensive, innovative, and accessible resource. Following a consideration of theoretical frameworks that inform a global bioethics, units on human rights, life and death, and public health form an in-depth look at contemporary issues in the field. Each unit includes cutting edge analyses and thought-provoking case studies, as well as discussion prompts. Topics range from torture and lethal ...
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 extent can and should courts accommodate litigants' requests by taking their cultural backgrounds into account? This collection brings together powerful examples of the cultural defense in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of th...
This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the princip...
The question of ethics and their role in archaeology has stimulated one of the discipline's liveliest debates. In this collection of essays, first published in 2006, an international team of archaeologists, anthropologists and philosophers explore the ethical issues archaeology needs to address. Marrying the skills and expertise of practitioners from different disciplines, the collection produces interesting insights into many of the ethical dilemmas facing archaeology today. Topics discussed include relations with indigenous peoples; the professional standards and responsibilities of researchers; the role of ethical codes; the notion of value in archaeology; concepts of stewardship and custodianship; the meaning and moral implications of 'heritage'; the question of who 'owns' the past or the interpretation of it; the trade in antiquities; the repatriation of skeletal material; and treatment of the dead. This important collection is essential reading for all those working in the field of archaeology, be they scholar or practitioner.
Alur Society became a classic for a number of reasons. Being much more than a descriptive account of an African society, it was the first intensive ethnography to adopt the ideas of Max Weber. It pioneered the idea that religion and ritual could be the basis of political action. It also showed how state systems could evolve not just on the basis of conquest but as a result of societies without kings inviting those with kings to govern them. Author Aidan Southall's theory of the segmentary state was adopted by political anthropologists throughout the subject and also by political scientists, being applied not just to Africa but also to India and other parts of the world. The book was able to arrive at such long-lasting and imaginative conclusions through the use of ethnographic material of a quality rarely surpassed. It is moreover arguably the best book in social anthropology of a Nilotic-speaking people. Southall's own command of their language and his overall scholarly knowledge of Nilotes is also unsurpassed.