LEADER 00000cam  2200000 a 4500 
001    ocm49844222 
003    OCoLC 
005    20051028121831.0 
008    020515s2004    enk      b    001 0 eng   
010      2002071523 
019    54708622|a55070065 
020    0195154029|qcloth|qalkaline paper 
035    (OCoLC)49844222 
035    (Sirsi) i0195154029 
040    DLC|beng|cDLC|dWSL|dYBM|dBAKER|dSTJ 
049    STJJ 
050 00 K5455|b.R46 2004 
082 00 345.73/05044|221 
092    345.7305|bR422C 
100 1  Renteln, Alison Dundes. 
245 14 The cultural defense /|cAlison Dundes Renteln. 
264  1 Oxford [England] ;|aNew York :|bOxford University Press,
       |c2004. 
300    viii, 404 pages ;|c24 cm 
336    text|btxt|2rdacontent 
337    unmediated|bn|2rdamedia 
338    volume|bnc|2rdacarrier 
504    Includes bibliographical references (pages 321-390) and 
       index. 
505 0  I: Law and culture -- Why culture matters for justice -- 
       II: Culture conflicts in the courtroom -- Homicide -- 
       Children -- Drugs -- Animals -- Marriage -- Attire -- The 
       dead -- III: Toward a principle of maximum accommodation -
       - The cultural defense in theory and practice -- The right
       to culture. 
520    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. 
650  0 Defense (Criminal procedure)|xSociological aspects. 
650  0 Actions and defenses|xSociological aspects. 
650  0 Culture and law. 
938    Baker & Taylor|bBKTY|c65.00|d65.00|i0195154029|n0004003019
       |sactive 
994    01|bSTJ