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Author: Will Kymlicka
Publisher: OUP Oxford
ISBN: 0191664308
Category : Political Science
Languages : en
Pages : 225
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Book Description
The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok ". To allow someone charged with a crime to say "this is my culture " as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights, and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actual blameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimate and equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is an important and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency and responsibility that are at the heart of broader debates in legal, social and political philosophy.
Author: Will Kymlicka
Publisher: OUP Oxford
ISBN: 0191664308
Category : Political Science
Languages : en
Pages : 225
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Book Description
The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok ". To allow someone charged with a crime to say "this is my culture " as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights, and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actual blameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimate and equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is an important and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency and responsibility that are at the heart of broader debates in legal, social and political philosophy.
Author: Craig L. Carr
Publisher: Routledge
ISBN: 0429015593
Category : Law
Languages : en
Pages : 244
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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.
Author: Lee E. Ross
Publisher:
ISBN: 9781516599295
Category :
Languages : en
Pages : 326
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Book Description
Readings in Cultural Diversity and Criminal Justice presents students with a collection of scholarly, interdisciplinary articles and invites them to critically examine the importance of cultural diversity within the criminal justice system. The book is divided into five parts. Part I consists of introductory articles that discuss colorism, the origins of racism, and how the media perpetuates racial stereotypes. In Part II, students read articles devoted to theory that ad
Author: James Earnest Hendricks
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 424
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Book Description
Author: Derek M.D. Silva
Publisher: Emerald Group Publishing
ISBN: 1801170010
Category : Social Science
Languages : en
Pages : 216
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Book Description
This volume explores the theoretical and methodological maturity and diversity in reflexive accounts of criminology and criminal justice in a number of areas, such as and teaching and research in criminology, queer criminology, the intersections of race and gender, indigeneity and decolonization, domestic violence and human rights.
Author:
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754675471
Category : Law
Languages : en
Pages : 366
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Book Description
This collection considers how contemporary cultural and religious diversity challenges legal practice. Comparative in analysis, this study places particular cases in their widest context, taking into account international and transnational influences.
Author: Renaud Colson
Publisher: Cambridge University Press
ISBN: 1107096588
Category : Law
Languages : en
Pages : 295
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Book Description
The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.
Author: Robert McNamara
Publisher:
ISBN: 9780077392697
Category :
Languages : en
Pages : 361
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Book Description
Multiculturalism in the Criminal Justice System provides an overview of the problems and promises of cultural diversity in the criminal justice system. Not only does this text discuss the different minority groups as they relate to law enforcement officers, it also explores the interactions within the courts and correctional agencies, noting the unique problems and issues each minority group faces. Unlike many other texts, it also covers how multiculturalism affects officials working within the criminal justice system.
Author: Robert H. McNamara
Publisher: McGraw-Hill Humanities, Social Sciences & World Languages
ISBN:
Category : Law
Languages : en
Pages : 372
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Book Description
Multiculturalism in the Criminal Justice System provides an overview of the problems and promises of cultural diversity in the criminal justice system. Not only does this text discuss the different minority groups as they relate to law enforcement officers, it also explores the interactions within the courts and correctional agencies, noting the unique problems and issues each minority group faces. Unlike many other texts, it also covers how multiculturalism affects officials working within the criminal justice system.
Author: Robert D. Hanser
Publisher: Prentice Hall
ISBN: 9780132155977
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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Book Description
For Criminal Justice courses that address minorities or diversity in the criminal justice system. This contemporary text addresses a wide range of diverse groups in society as they relate to the criminal justice system. Multiculturalism and the Criminal Justice System is the contemporary text that addresses diversity and multicultural issues in the policing, judicial, correctional, and juvenile justice segments of the criminal justice system. This text contains numerous visual aids that showcase data that is current and relevant. Unlike the competition, this text is comprehensive in its portrayal of various minority groups, addresses the issues from a systemic view of criminal justice, is practitioner-driven, and is well organised. Teaching and Learning Experience This book fulfills the need for a thorough and up-to-date text on multicultural issues facing criminal justice practitioners. It provides: Comprehensive content: Students will learn about multiculturalism in a manner that has both breadth and depth U p-to-date coverage of multi - cultural issues facing criminal justice practitioners : Examines perspectives from the practitioner, offender, and victim vantage point Exceptional pedagogical tools and support for flexible approaches to teaching and learning: Encourages students to develop critical thinking skills with numerous examples and exercises, and makes class preparation quick and easy with innovative features for instructors
