Synopses & Reviews
Synopsis
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 the extent can and should courts accommodate litigants' request by taking their cultural backgrounds into account? This collection brings together powerful examples of the cultural defence in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of this defence, 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 defence in jurisdictions all over the world where this has not been previously documented. Many of the essays
Synopsis
With individuals travelling across borders, societies have become more and more pluralistic. The result of increased migration is the interaction between cultural communities and, inevitably, clashes between state law and customary law. These cultural con