Law, Cultural Diversity, and Criminal Defense Cultural Diversity and Law Series
Auteurs : Carr Craig L., Johnson Lisa
![Couverture de l’ouvrage Law, Cultural Diversity, and Criminal Defense](https://images.lavoisier.fr/couvertures/1317515437.jpg)
American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.
Introduction; 1. Law, Politics, and Social Justice; 2. The Question of Culture; 3. Social Justice and Legal Practice; 4. Criminal Defense and Cultural Autonomy; 5. Culture and the Constitution; 6. Culture and Criminal Responsibility;
Craig L. Carr is professor emeritus of political science at the Hatfield School of Government, Portland State University. He has published several books and numerous articles in the areas of political and legal philosophy, constitutional law, and American politics. His more recent books include Liberalism and Pluralism: The Politics of E Pluribus Unum, and Orwell, Politics, and Power.
Lisa Johnson is a professor in the School of Business and Leadership at the University of Puget Sound, where she teaches courses in law and legal studies.
Date de parution : 01-2020
15.6x23.4 cm
Date de parution : 08-2018
15.6x23.4 cm
Thèmes de Law, Cultural Diversity, and Criminal Defense :
Mots-clés :
American Criminal Jurisprudence; Cultural Defense; Rule of Law; Law and Culture; Cultural Diversity and Law; Social Justice; Criminal Responsibility; American Criminal Law; Lisa Johnson; Norm Circle; Cultural Autonomy; Diminished Capacity Defense; Soul Freedom; Parent Child Suicide; Civil Liberty Protection; Minority Cultural Community; Alison Dundes Renteln; Norm Cluster; Crow Dog; Syrian Culture; Sherbert Test; Brule Sioux; Diminished Capacity; Hmong Women; Choosing Subject; Degree Manslaughter; Criminal Jurisprudence; American Criminal; Criminal Defense; Maine Supreme Court; Leave Minority Groups