Criminal Law And Cultural Diversity PDF Download
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Author | : Will Kymlicka |
Publisher | : OUP Oxford |
Total Pages | : 225 |
Release | : 2014-05-15 |
Genre | : Political Science |
ISBN | : 0191664308 |
Download Criminal Law and Cultural Diversity Book in PDF, ePub and Kindle
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 |
Total Pages | : 154 |
Release | : 2018-07-27 |
Genre | : Law |
ISBN | : 0429015593 |
Download Law, Cultural Diversity, and Criminal Defense Book in PDF, ePub and Kindle
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 | : James Earnest Hendricks |
Publisher | : Charles C. Thomas Publisher |
Total Pages | : 448 |
Release | : 1994 |
Genre | : Criminal justice, Administration of |
ISBN | : |
Download Multicultural Perspectives in Criminal Justice and Criminology Book in PDF, ePub and Kindle
Author | : Renaud Colson |
Publisher | : Cambridge University Press |
Total Pages | : 295 |
Release | : 2016-09-29 |
Genre | : Law |
ISBN | : 1107096588 |
Download EU Criminal Justice and the Challenges of Diversity Book in PDF, ePub and Kindle
The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.
Author | : Robert McNamara |
Publisher | : |
Total Pages | : 361 |
Release | : 2008 |
Genre | : |
ISBN | : 9780077392697 |
Download Multiculturalism in the Criminal Justice System Book in PDF, ePub and Kindle
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 | : |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 366 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9780754675471 |
Download Legal Practice and Cultural Diversity Book in PDF, ePub and Kindle
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 | : Derek M.D. Silva |
Publisher | : Emerald Group Publishing |
Total Pages | : 216 |
Release | : 2022-05-12 |
Genre | : Social Science |
ISBN | : 1801170010 |
Download Diversity in Criminology and Criminal Justice Studies Book in PDF, ePub and Kindle
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 | : Robert M. Shusta |
Publisher | : Prentice Hall |
Total Pages | : 564 |
Release | : 2005 |
Genre | : Language Arts & Disciplines |
ISBN | : 9780131133075 |
Download Multicultural Law Enforcement Book in PDF, ePub and Kindle
For courses in Multicultural Law Enforcement and Special Topics in Policing. From a diverse team of writers whose expertise spans law enforcement and cross-cultural relations, comes a text with comprehensive coverage of sensitive topics and issues related to diversity and multiculturalism facing police in the 21st century. It contains insightful as well as practical information and guidelines on how law enforcement professionals can work effectively with diverse cultural groups, both inside their organizations as well as in the community.
Author | : Robert Hartmann McNamara |
Publisher | : Oxford University Press, USA |
Total Pages | : |
Release | : 2020-06 |
Genre | : Criminal justice, Administration of |
ISBN | : 9780190078652 |
Download Multiculturalism, Crime, and Criminal Justice Book in PDF, ePub and Kindle
"Multiculturalism, Crime, and Criminal Justice provides a clear overview of the most controversial issues facing African Americans, Hispanics, women, and the LGBTQ community among others as offenders, victims, and practitioners within the context of the criminal justice system"--
Author | : |
Publisher | : |
Total Pages | : |
Release | : 1991 |
Genre | : |
ISBN | : |
Download Multiculturalism Book in PDF, ePub and Kindle