Law and Culture: Reconceptualization and Case Studies

Administrative / Constitutional Law

Law and Culture: Reconceptualization and Case Studies

Edited by Mateusz Stępień · Jan Bazyli Klakla
Springer International October 2022

Specifications

ISBN-13
9783030811952
Publisher
Springer International
Publication
October 2022
Format
Paperback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

Divided into three parts, this book examines the relationship between law and culture from various perspectives, both theoretical and empirical. Part I outlines the framework for further considerations and includes new, innovative conceptualizations of two ideas that are essential to the topic of law and culture: legal culture and customary law. Both of these reappear later in the more empirically oriented chapters of Parts II and III. Part II includes chapters on the relationships between law, customs, and culture, drawing heavily on the tradition and achievements of the anthropology of law and touching on important problems of multiculturalism, legal pluralism, and cultural defense. It focuses on the more intangible meaning of culture, while Part III addresses its more material, tangible aspects and the issue of cultural production, as well as its intersection with law.

Table of Contents

Introduction. Drawing on the Legacy of Founding Fathers
Mateusz Stępień, Jan Bazyli Klakla
Exploring New Avenues for Studying the Legal Culture: Drawing on Homi Bhabha’s Theorization of “Culture”
Mateusz Stępień
Customary Law Is Like an Onion: A Multilayered Approach to Customary Law and Its Status in the Contemporary World
Jan Bazyli Klakla
Law, Custom and Culture
Indian “Love Jihad” Goes to Court
Anna Juzaszek
Palestinian Culture Through a Legal Lens: A Case Study of Customary Legal Proceedings After a Homicide in Hebron
Ewa Górska
“In This Case, Can There Be No Talk About Such a Justification Through Circumstances”? A Case Study of the Invocation of Cultural Defense Outside the Common Law
Joanna Ptak-Chmiel
Law and Cultural Production
Copyright and Culture: The Case of Poland
Ewa Radomska
The Procedural Justice in South Korean Popular Culture. An Analysis of Court Hearings Using the Example of the K-drama Your Honor
Katarzyna Rużyczka
Does Visual Culture Pose a Threat to Law?
Magdalena Wojdala
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