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Murder and the Reasonable Man
A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendan...
The Cultural Defense
Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national cust...
Change and Continuity in Chinese Local History
This book examines one of the most important problems concerning Chinese civilization - how was the pattern of stability and continuity of Chinese society and economy achieved and maintained from approximately 800 to 1800. It uses the results of detailed, specialized research about the Chinese landholding system, marketing patterns, the role of the extended family therein, taxation and non-elite social groups in one specific locale to answer questions that historians of any civilization ask about the structure and functioning of a given society. The author has investigated the development of the Hui-chou community over a 1,000 year period by concentrating on six grand questions, each answered by one chapter. The answers to these questions, as given in this work, show that 'stability' is a dynamic concept. 'Continuity' in Hui- chou is the result of the 'changes' in population growth, commercialization, and class differentiation acting in concert over the long term.
Insurgents, Terrorists, and Militias
By focusing on four specific hotbeds of instability-Somalia, Chechnya, Afghanistan, and Iraq-Richard H. Shultz Jr. and Andrea J. Dew carefully analyze tribal culture and clan associations, examine why "traditional" or "tribal" warriors fight, identify how these groups recruit, and where they find sanctuary, and dissect the reasoning behind their strategy. Their new introduction evaluates recent developments in Iraq and Afghanistan, the growing prevalence of Shultz and Dew's conception of irregular warfare, and the Obama Defense Department's approach to fighting insurgents, terrorists, and militias. War in the post-Cold War era cannot be waged through traditional Western methods of combat, especially when friendly states and outside organizations like al-Qaeda serve as powerful allies to the enemy. Bridging two centuries and several continents, Shultz and Dew recommend how conventional militaries can defeat these irregular yet highly effective organizations.
Justice, Gender, and the Politics of Multiculturalism
Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal law, aboriginal membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue.
Fei Xiaotong and Sociology in Revolutionary China
This biographical study of one of China's leading social scientists follows his life history, and includes a bibliography of his books and articles. Trained in London under Malinowski, Fei Xiaotong achieved eminence in the 1930s and 1940s for his pioneering studies of Chinese peasant life and for his popular articles, which stirred a wide audience in China to an awareness of social and political problems. A non-Marxist who came to sympathize with the Communists, Fei was gradually constrained in his activities after the Revolution until, in the 1950s, a massive propaganda campaign vilified him as a bourgeois rightist intellectual. Almost twenty years of silence and disgrace followed. Following the death of Mao, Fei suddenly reemerged as a leader in the effort to revitalize the social sciences in China. The story of Fei's life told here is, in a sense, the story of Westernized intellectuals in China at a time of peasant revolution. His writings enunciate the views of a sensitive observer of Chinese and Western society during that period of dramatic change.
Central Control and Local Discretion in China
"Theoretically, this study contends that the overall scope of local discretion is circumscribed by the dominant norms and incentive relations embedded in the implementation dynamics. Methodologically, the book employs a combination of aggregate analyses and comparative case studies. Empirically, on the basis of newly available materials (including classified documents) and interviews, it challenges the 'peasant-power' school which has somehow allowed local governments to evaporate in its descriptions of post-Mao decollectivization."--BOOK JACKET.
China Turned On
The years following the Cultural Revolution saw the arrival of television as part of China’s effort to ‘modernize’ and open up to the West. Endorsed by the Deng Xiaoping regime as a ‘bridge’ between government and the people, television became at once the official mouthpiece of the Communist Party and the most popular form of entertainment for Chinese people living in the cities. But the authorities failed to realize the unmatched cultural power of television to inspire resistance to official ideologies, expectations, and lifestyles. The presence of television in the homes of the urban Chinese strikingly broadened the cultural and political awareness of its audience and provoked th...
Family and Population in East Asian History
"Based on a conference sponsored by the joint committees on Chinese Studies and Japanese Studies of the American Council of Learned Societies and the Social Science Research Council.".
Agrarian Radicalism in China, 1968-1981
During and after the Cultural Revolution, radical leaders in the Chinese Communist Party tried to mobilize rural society for socioeconomic and political changes and move rural China to even higher stages of collectivism. David Zweig argues that because advocates of agrarian radicalism formed a minority group within China's central leadership, they acted in opposition to the dominant moderate forces and resorted to alternative strategies to mobilize support for their unofficial policies. The limited institutionalization of the system allowed the radicals to promote their principles through "policy winds," speeches generated by newspaper articles, networks of political allies, and organized vi...
