This collection considers how contemporary cultural and religious diversity challenges legal practice.
Publisher: Ashgate Publishing, Ltd.
This collection considers how contemporary cultural and religious diversity challenges legal practice. Comparative in analysis, this study places particular cases in their widest context, taking into account international and transnational influences.
This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas.
Author: Will Kymlicka
Publisher: Oxford University Press (UK)
What place, if any, ought cultural considerations have when we blame and punish in the criminal law? In general, to hold someone criminally responsible is to hold them blameworthy and deserving of their punishment. Background cultural factors seem to threaten this: for example, a person may be ignorant of the way things are done
Going beyond the more usual focus on Jerusalem as a sacred place, this book presents legal perspectives on the most important sacred places of the Mediterranean.
Author: Dr Andrea Benzo
Publisher: Ashgate Publishing, Ltd.
Going beyond the more usual focus on Jerusalem as a sacred place, this book presents legal perspectives on the most important sacred places of the Mediterranean. The first part of the book discusses the notion of sacred places in anthropological, sociological and legal studies and provides an overview of existing legal approaches to the protection of sacred places in order to develop and define a new legal framework. The second part introduces the meaning of sacred places in Jewish, Christian and Islamic thought and focuses on the significance and role that sacred places have in the three major monotheistic religions and how best to preserve their religious nature whilst designing a new international statute. The final part of the book is a detailed analysis of the legal status of key sacred places and holy cities in the Mediterranean area and identifies a set of legal principles to support a general framework within which specific legal measures can be implemented. The book concludes with a useful appendix for the protection of sacred places in the Mediterranean region. Including contributions from leading law and religion scholars, this interesting book will be valuable to those in the fields of international law, as well as religion and heritage studies.
This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders.
Author: Prakash Shah
Publisher: Psychology Press
Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.
This volume explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with ...
Author: Silvia Borelli
Publisher: Martinus Nijhoff Publishers
This volume explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples.
Author: Lilian Richieri HananiaPublish On: 2014-04-24
This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives.
Author: Lilian Richieri Hanania
Category: Business & Economics
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.
This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation.
Author: Jingxia Shi
Publisher: Bloomsbury Publishing
This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.
Author: Gaetano PentassugliaPublish On: 2017-11-23
Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, Ethno-Cultural Diversity and Human Rights brings prominent experts together to address contested dimensions of the role of ethno ...
Author: Gaetano Pentassuglia
Category: Political Science
Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, Ethno-Cultural Diversity and Human Rights brings prominent experts together to address contested dimensions of the role of ethno-cultural groups in human rights discourse.
As part of the National Agenda for a Multicultural Australia , the federal Attorney -
General has asked the Commission to consider whether Australian family law ,
contract law and criminal law are appropriate to a society made up of people from
Author: Pauline Kearney
Presents recommendations on information and education programmes on proposed legislation, interpretors and the legal system, family law, criminal law, consumer contracts; brief mention of customary law defence, but otherwise no specific mention of Aboriginal and Torres Strait Islander legal issues.
In discussing strategies for police work in a diverse society, this book considers the impact of cultural diversity on law enforcement, training in cultural understanding for law enforcement, cultural specifics for law enforcement, response ...
Author: Robert M. Shusta
Publisher: Pearson College Division
Category: Social Science
In discussing strategies for police work in a diverse society, this book considers the impact of cultural diversity on law enforcement, training in cultural understanding for law enforcement, cultural specifics for law enforcement, response strategies to crimes motivated by hate/bias, and cultural effectiveness for peace officers. Part I introduces readers to the implications of a multicultural society for law enforcement, both within and outside the police agency. Chapters address the challenges of multicultural communities for law enforcement; the changing law enforcement agency as a microcosm of society; and multicultural representation in police recruitment, retention, and promotions. Part II presents information on multiple aspects of cultural awareness training and cross-cultural communication in law enforcement. Two chapters discuss the preparation and implementation of cultural awareness training and cross-cultural communication for law enforcement. Part III presents chapters on police contact with five cultural groups in the United States: Asian/Pacific Americans, African-Americans, Latino/Hispanic Americans, Arab Americans and other Middle Eastern groups, and American Indians. Part IV contains three chapters that explain strategies for preventing, controlling, reporting, tracking, and investigating crimes that are based on hate or bias because of the victim's race, ethnicity, religion, or sexual orientation. Part V highlights some of the themes from previous chapters and discusses broad concepts of the peace officer and cultural diversity.
Drawing on a series of EC policy areas that possess a cultural component, this book offers an encompassing and in-depth analysis of the integration of cultural considerations in EC law and action, assessing the impact of Article 151(4) EC ...
Author: Evangelia Psychogiopoulou
Publisher: Martinus Nijhoff Publishers
Drawing on a series of EC policy areas that possess a cultural component, this book offers an encompassing and in-depth analysis of the integration of cultural considerations in EC law and action, assessing the impact of Article 151(4) EC in the process.
The Value- Added Justification in the Context of the Promotion of Religious Diversity If the international legal ... diversity, we expect them to bring their cultural experiences— including to a certain extent their diverse legal culture— to
Author: Freya Baetens
Publisher: Oxford University Press, USA
Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.
FBI September 1992 Volume 61 Number 9 iaw Enforcement B - U - L - L E T I N
Features Focus on Cultural Diversity Law Enforcement in a Culturally Diverse
Society By Gary Weaver Policing Cultural Celebrations By Gordon E . Pitter 10 ...
UF Cultural diversity policy Cultural pluralism - Government policy Cultural
pluralism policy Ethnic diversity policy ... Music - Effect of multiculturalism on -
Government policy USE Multiculturalism - Law and legislation ( May Subd Geog )
Cultural Diversity and Biological Diversity Cultural diversity and biodiversity are
linked in numerous ways . Both have essential value for humanity , and ironically
find currently very little concrete protection in international law . Biodiversity has ...
Author: A. S. Bilderbeek
Publisher: IOS Press
"Report of the Global Consultation on the Development and Enforcement of International Environmental Law, with a special focus on the Preservation of Biodiversity and the International Environmental Law Conference"--Page opposite title page.