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What Do We Have to Fear from the Cultural Defense?

Alison Dundes Renteln

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0009
Subject:
Political Science, International Relations and Politics

This chapter addresses critics of the cultural defense who have argued that while it might help improve our backward-looking judgments of personal responsibility, it would have serious consequences ... More


The Cultural Defense: Reflections in Light of the Model Penal Code and the Religious Freedom Restoration Act

Kent Greenawalt

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0008
Subject:
Political Science, International Relations and Politics

The chapter examines the most ambitious attempt in the United States to draft a systematic criminal code—the influential Model Penal Code, and its commentaries—to see what mention is made of, and ... More


Cultural Defense and the Criminal Law

Bhikhu Parekh

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0006
Subject:
Political Science, International Relations and Politics

This chapter situates issues of cultural defenses within a broader theory about conflicts of value between minorities and the majority. It highlights the many ways that the criminal law rests not ... More


Criminal Law and “Culture”

Claes Lernestedt

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0002
Subject:
Political Science, International Relations and Politics

This chapter argues that while both forward- and backward-looking considerations operate within the criminal law, the latter should have considerable weight in the rules for ascribing responsibility. ... More


Introduction: Criminal Law and Cultural Diversity

Will Kymlicka, Claes Lernestedt, and Matt Matravers

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0001
Subject:
Political Science, International Relations and Politics

This introductory chapter first situates arguments around the use of culture in the criminal law with respect to political philosophy, on the one hand, and criminal law doctrine on the other. It then ... More


Community, Culture, and Criminalization

Nicola Lacey

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0003
Subject:
Political Science, International Relations and Politics

In examining the merits of including cultural evidence as a tool for determining individual blameworthiness, it is useful to consider how the criminal law treats other mitigating factors that affect ... More


Criminal Law and Cultural Diversity

Will Kymlicka, Claes Lernestedt, and Matt Matravers (eds)

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.001.0001
Subject:
Political Science, International Relations and Politics

The idea of a cultural defense in criminal law is often ridiculed. To allow someone charged with a crime to say “this is my culture” as an excuse seems to open the door to cultural relativism, to ... More


Family Matters: Is There Room for “Culture” in the Courtroom?

Ayelet Shachar

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0007
Subject:
Political Science, International Relations and Politics

Critics of the cultural defense argue that assessing the significance of someone’s “culture” is beyond the capacity of courts, and will lead to arbitrary results. This chapter examines family law to ... More


Responsibility, Morality, and Culture

Matt Matravers

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0005
Subject:
Political Science, International Relations and Politics

In the criminal law, responsibility is best understood in terms of answerability. For a person to be answerable, s/he must be capable of responding to, and acting on, reasons. Certain conditions must ... More


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