MARC Record from marc_nuls

LEADER: 03275cam 2200325 a 4500
001 9920483990001661
005 20150423130241.0
008 020515s2004 enk b 001 0 eng
010 $a 2002071523
019 $a54708622$a55070065
020 $a0195154029 (cloth : alk. paper)
035 $a(CSdNU)u232879-01national_inst
035 $a(OCoLC)49844222
040 $aDLC$cDLC$dWSL$dYBM
049 $aCNUM
050 00 $aK5455$b.R46 2004
082 00 $a345.73/05044$221
100 1 $aRenteln, Alison Dundes.
245 14 $aThe cultural defense /$cAlison Dundes Renteln.
260 $aOxford [England] ;$aNew York :$bOxford University Press,$c2004.
300 $aviii, 404 p. ;$c24 cm.
504 $aIncludes bibliographical references (p. 321-390) and index.
505 0 $aI: Law and culture -- Why culture matters for justice -- II: Culture conflicts in the courtroom -- Homicide -- Children -- Drugs -- Animals -- Marriage -- Attire -- The dead -- III: Toward a principle of maximum accommodation -- The cultural defense in theory and practice -- The right to culture.
520 $aPublisher'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 customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.
650 0 $aDefense (Criminal procedure)$xSociological aspects.
650 0 $aActions and defenses$xSociological aspects.
650 0 $aCulture and law.
949 $aK 5455 .R46 2004$i31786101862586
994 $a92$bCNU
999 $aK 5455 .R46 2004$wLC$c1$i31786101862586$d7/11/2006$e7/10/2006 $lCIRCSTACKS$mNULS$n2$rY$sY$tBOOK$u12/15/2004