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Cultural Diversity and Law: Cultural Diversity and Law


About the Series

Around the world, most states are faced with difficult issues arising out of cultural diversity in their territories. Within the legal field, such issues span across matters of private law through to public and constitutional law. At international level too there is now considerable jurisprudence regarding ethnic, religious and cultural diversity. In addition, there are several layers of legal control - from communal and religious regulation to state and international regulation. This multiplicity of norm setting has been variously termed legal pluralism, inter-legality or inter-normativity and provides a fascinating lens for academic analysis that links up to cultural diversity in new and interesting ways. The umbrella of cultural diversity encompasses various population groups throughout the world ranging from national, ethnic, religious or indigenous groupings. This series particularly welcomes work that is of comparative interest, concerning various state jurisdictions as well as different population groups.

22 Series Titles

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Ethnic Minority Legal Studies: Managing Cultural Diversity and Legal Pluralism

Ethnic Minority Legal Studies: Managing Cultural Diversity and Legal Pluralism

1st Edition

Forthcoming

Werner Menski
January 01, 2021

Recent events have cast a spotlight on the position of ethnic minorities within the law and the importance of effective and fair management of cultural diversity and legal pluralism. This volume traces the development of this subject and shows how certain continuities and discontinuities have been...

Trialling Culture, Protecting Women: Racialising Sexual Violence in Legal and Political Discourses

Trialling Culture, Protecting Women: Racialising Sexual Violence in Legal and Political Discourses

1st Edition

Forthcoming

Selda Dagistanli
January 01, 2021

There is a current interest, alongside increased public debate, on the links between culture, law and violence against women. Focusing on a series of racialised sexual violence and child abuse cases in Sydney, Australia and Rochdale, UK, this book puts forward multilayered arguments about legal...

Culture and the Judiciary: The Anthropologist Judge

Culture and the Judiciary: The Anthropologist Judge

1st Edition

Ilenia Ruggiu
June 30, 2020

How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book...

Law, Cultural Diversity, and Criminal Defense

Law, Cultural Diversity, and Criminal Defense

1st Edition

Craig L. Carr, Lisa Johnson
August 02, 2018

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...

The State and the Paradox of Customary Law in Africa

The State and the Paradox of Customary Law in Africa

1st Edition

Olaf Zenker, Markus Virgil Hoehne
February 05, 2018

Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and...

Access to Justice and Human Security: Cultural Contradictions in Rural South Africa

Access to Justice and Human Security: Cultural Contradictions in Rural South Africa

1st Edition

Sindiso Mnisi Weeks
November 27, 2017

For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the...

Muslim Families, Politics and the Law: A Legal Industry in Multicultural Britain

Muslim Families, Politics and the Law: A Legal Industry in Multicultural Britain

1st Edition

Ralph Grillo
February 03, 2017

Contemporary European societies are multi-ethnic and multi-cultural, certainly in terms of the diversity which has stemmed from the immigration of workers and refugees and their settlement. Currently, however, there is widespread, often acrimonious, debate about ’other’ cultural and religious...

Legal Pluralism in the Holy City: Competing Courts, Forum Shopping, and Institutional Dynamics in Jerusalem

Legal Pluralism in the Holy City: Competing Courts, Forum Shopping, and Institutional Dynamics in Jerusalem

1st Edition

Ido Shahar
January 11, 2017

This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment...

Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights

Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights

1st Edition

Kirsten Anker
January 09, 2017

This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as...

Minorities and Nationalism in Turkish Law

Minorities and Nationalism in Turkish Law

1st Edition

Derya Bayir
November 28, 2016

Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state’s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the...

Socio-Legal Integration: Polish Post-2004 EU Enlargement Migrants in the United Kingdom

Socio-Legal Integration: Polish Post-2004 EU Enlargement Migrants in the United Kingdom

1st Edition

Agnieszka Kubal
November 28, 2016

This book examines how contemporary migrants form and transform their involvement with the law in their host countries and which factors influence this relationship. It suggests a more comprehensive insight into the socio-legal integration of migrants by analysing the interplay between the new...

Muslim Marriage in Western Courts: Lost in Transplantation

Muslim Marriage in Western Courts: Lost in Transplantation

1st Edition

Pascale Fournier
November 17, 2016

This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although...

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