Law, Cultural Diversity, and Criminal Defense  book cover
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Law, Cultural Diversity, and Criminal Defense





ISBN 9781138581173
Published July 30, 2018 by Routledge
154 Pages

 
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Book Description

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.

Table of Contents

Introduction

Chapter 1 – Law, Politics, and Social Justice

Chapter 2 - The Question of Culture

Chapter 3 – Social Justice and Legal Practice

Chapter 4 – Criminal Defense and Cultural Autonomy

Chapter 5 – Culture and the Constitution

Chapter 6 – Culture and Criminal Responsibility

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Author(s)

Biography

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.