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Culture in the Domains of Law

$41.99 (C)

Part of Cambridge Studies in Law and Society

René Provost, Anthony Connolly, Pascale Fournier, Lucia Bellucci, Kirsten Anker, Justin Richland, Jen Hendry, Thomas Burelli, Régis Lafargue, Eric Reiter, Morgan Brigg, Kristin Doughty, David Chandler
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  • Date Published: June 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781316615133

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About the Authors
  • 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.

    • Maps the interaction between law and culture in a perspective that is legal but not reductive towards culture
    • Embraces legal pluralism, resulting in a meeting of law and culture to provide a richer view of both
    • Offers a transversal outlook on the legal responses to claims of cultural difference in different contexts, enriching our understanding of the nature of law
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    Product details

    • Date Published: June 2018
    • format: Paperback
    • isbn: 9781316615133
    • length: 456 pages
    • dimensions: 229 x 152 x 26 mm
    • weight: 0.669kg
    • availability: Available
  • Table of Contents

    1. Centaur jurisprudence - culture before the law René 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 Régis 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 René Provost
    13. Beyond the paradox of exporting the rule of law: resilience and the war on drugs in the Americas David Chandler.

  • Editor

    René Provost, McGill University, Montréal
    René Provost is Professor of Law at McGill University, Canada, where he was the founding director of the McGill Centre for Human Rights and Legal Pluralism. He has researched and published widely on international law and legal pluralism. In 2015, he was named a Fellow of the Pierre Elliott Trudeau Foundation, Québec for his contribution to the advancement of knowledge in the humanities and social sciences.

    Contributors

    René Provost, Anthony Connolly, Pascale Fournier, Lucia Bellucci, Kirsten Anker, Justin Richland, Jen Hendry, Thomas Burelli, Régis Lafargue, Eric Reiter, Morgan Brigg, Kristin Doughty, David Chandler

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