Alison Dundes Renteln

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 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.

The Cultural Defense

James A. R. Nafziger

Robert Kirkwood Paterson

A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.

International, Comparative, and Indigenous

Cultural Law

Marie-Claire Foblets

As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and inevitably clashes between state law and customary law. These cultural conflicts have given rise to a new multicultural jurisprudence. In this volume scholars grapple with the immense challenges judges are currently experiencing everywhere. To what extent can and should courts accommodate litigants' requests by taking their cultural backgrounds into account? This collection brings together powerful examples of the cultural defense in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of this defense, contrary to the mistaken impression that it has been invoked principally in the United States. This book makes the case for undertaking studies of the use of the cultural defense in jurisdictions all over the world where this has not been previously documented. Many of the chapters concentrate on criminal cases including homicide in the context of honour crimes, provocation based on 'loss of face' or witchcraft killings. Some deal with other areas of law such as asylum jurisprudence, family law and housing policy. They show in concrete cases how cultural claims have arisen and how legal systems wrestle with these arguments. It is clear that judges have had considerable difficulty handling many of the cultural claims. The authors demonstrate persuasively the need to reconsider the proper use of cultural evidence in legal proceedings. Those interested in the ways in which expertise influences the disposition of cases will find this book compelling.

Comparative Perspectives on the Cultural Defense

Multicultural Jurisprudence

Jean-François Gaudreault-DesBiens

State Responses from Around the World : Proceedings of the Colloquium "The Response of State Law to the Expression of Cultural Diversity," Brussels, September 2006

Cultural Diversity and the Law

Alan Dundes

In every culture there exists unwritten law—obligations and prohibitions that are understood and passed on, and transgressions that are punished. Folk Law, a comprehensive two-volume collection of essays, examines this meeting place of folklore and jurisprudence. The contributors explore the historical significance and implications of folk law, its continuing influence around the globe, and the conflicts that arise when folk law diverges from official law. The collection begins by defining various forms of “folk law,” drawing on examples from many cultures. The second section provides historical profiles of pioneering figures in the study of folk law. Following sections examine field research techniques used to identify folk laws; aspects of folk law within the realm of rituals, songs, and other forms of expressive culture; instances where folk law comes into conflict with national law, and the role of folk law in the international arena. The volumes also include description and analysis of two approaches to folk law—the rule approach, in which scholars dissect the codes that underlie folk law, and the case approach, in which researchers examine specific cases involving folk law. Valuable for students and scholars of law, folklore, or anthropology, this extensive casebook marks a rare interdisciplinary approach to two important areas of research.

Essays in the Theory and Practice of Lex Non Scripta

Folk Law

Nancy Lipkin Stein

This book explores issues of creation, distribution, and control of images through official and unofficial sources, asking what impact that has had on human rights and what the ethical implications are. The volume includes research from healthcare advocates, human rights scholars and activists, photographers, and visual anthropologists who see a need for more careful contextual interpretation of images in global and local settings. It represents diverse forms of scholarship and the ever-changing field of research methodologies, and it examines how human rights issues take advantage of visual methodologies and how the visual works to communicate these issues with the public. As such, this collection will be useful for researchers studying in the fields of visual culture and human rights.

Alison Dundes Renteln

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