Criminal Law and Cultural Diversity

Hardcover | May 26, 2014

EditorWill Kymlicka, Claes Lernestedt, Matt Matravers

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The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok". To allow someone charged with a crime to say "this is my culture" as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights,and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actualblameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimateand equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is animportant and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency andresponsibility that are at the heart of broader debates in legal, social and political philosophy.

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The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok". To allow someone charged with a crime to say "this is my culture" as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights,and to undermine norms of individual responsi...

Will Kymlicka's work, translated into 34 languages, has focused on how democratic countries address issues of ethnic, racial and religious diversity, with a special focus on the theory and practice of multicultural citizenship. He is the author of seven books published by Oxford University Press, including Multicultural Citizenship (19...

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Format:HardcoverDimensions:224 pages, 9.21 × 6.14 × 0.1 inPublished:May 26, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199676593

ISBN - 13:9780199676590

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Table of Contents

1. Will Kymlicka, Claes Lernestedt and Matt Matravers: Introduction2. Claes Lernestedt: Criminal Law and Culture3. Nicola Lacey: Culture and Criminalization4. Kimmo Nuotio: Between Denial and Recognition: Criminal Law and Cultural Diversity5. Matt Matravers: Responsibility, Morality, and Culture6. Bhikhu Parekh: Cultural Defense and the Criminal Law7. Ayelet Shachar: Family Matters: Is there Room for 'Culture' in the Courtroom?8. Kent Greenawalt: The Cultural Defense: Reflections in Light of the Model Penal Code and the Religious Freedom Restoration Act9. Alison Dundes Renteln: What Do We Have to Fear from the Cultural Defense?