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The judgment of culture : cultural assumptions in American law / Lawrence Rosen

Author
Rosen, Lawrence, 1941-
Published
London ; New York : Routledge, Taylor & Francis Group, 2018.
Copyright Date
©2018
Physical Description
xi, 254 pages : illustrations ; 24 cm

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Contents
Defending Culture : The Cultural Defense and the Law's Theory of Culture -- Leave It to the Experts? The Anthropologist as Expert Witness -- 3. What's It Like? Native Americans and the Ambivalence of Legal Metaphors -- Should We Just Abolish Marriage? The Uses of Anthropology in Law and Policy -- What's Wrong with Incest? Perception and Theory in a Shifting Legal Environment -- Natural Law or Law Naturalized? Nature v. Culture in the U.S. Supreme Court -- Medicalizing the Law : The Debate over Male Circumcision -- The Incorporation of Custom : The Case of the Flashing Headlights -- Is There a Place for Community? The Amish and the American Romance of Community.
Summary
"Legal systems do not operate in isolation but in complex cultural contexts. This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice"--Back cover.
Subject(s)
ISBN
9781138237780 (hardback)
1138237787 (hardback)
9781138237797 (paperback)
1138237795 (paperback)
Bibliography Note
Includes bibliographical references and index.
Source of Acquisition
Purchased with funds from the James F. Robb Fund; 2017
Endowment Note
James F. Robb Fund
View MARC record | catkey: 22356182