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Law and Culture: Reconceptualization and Case Studies

Law and Culture: Reconceptualization and Case Studies

Author: Mateusz Stępień; Jan Bazyli Klakla
Publisher: Springer International
ISBN: 9783030811952
Published In: October 2022
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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

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