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Culture in the Domains of Law

Culture in the Domains of Law

Author: Rene Provost
Publisher: Cambridge University Press
ISBN: 9781107163331

Published In: February 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781316615133

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What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.

1. Centaur jurisprudence - culture before the law Rene Provost

Part I. Accommodation of Minority Cultural Practices:

2. Legal pluralism and the interpretive limits of law Anthony Connolly

3. Family law, state recognition and intersecting spheres/spaces: Jewish and Muslim women divorcing in the UK Pascale Fournier

4. Customary norms vs state law. French courts' responses to the traditional practice of excision Lucia Bellucci

Part II. Aboriginal Law:

5. Law, culture, fact in indigenous claims: legal pluralism as a problem of recognition Kirsten Anker

6. On perpetuity: tradition, law, and the pluralism of Hopi jurisprudence Justin Richland

7. Existing in the hyphen: on relational legal culture Jen Hendry

8. The unexpected effects of the recognition of indigenous rights in New Caledonia: the story of an assimilation measure becoming the trigger for the acculturation of the French legal system Thomas Burelli and Regis Lafargue

Part III. Alternative Dispute Resolution:

9. Cultures of conflict: welcoming and resisting 'non-Western' influence in alternative dispute resolution Eric Reiter

10. Rebalancing power and culture: the case of alternative dispute resolution Morgan Brigg

11. Grassroots law in context: moving beyond the cultural justification Kristin Doughty

Part IV. Law in Conflicts:

12. Cannibal laws Rene Provost

13. Beyond the paradox of exporting the rule of law: resilience and the war on drugs in the Americas David Chandler.