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Please read and accept the terms and conditions and check the box to generate a sharing link. In our era of globalization, migration increasingly enforces cultural heterogeneity at the level of single societies and countries mirroring the cultural heterogeneity at the macroscopic level, i. Thus, the question of intercultural understanding and coexistence not only is crucial when it comes to states, but is increasingly gaining in importance in terms of identifying preconditions that enable individuals from various cultural backgrounds to share one commonwealth.

Against this background, different proposals have been provided to rise to the above-mentioned challenge.

Cultural Defense

Finally, I critically reflect on them from a human rights perspective. Research off-campus without worrying about access issues. Find out about Lean Library here. Skip to main content. Article Menu.

  • Liav Orgad.
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Liav Orgad's - The cultural defense of nations

Article Information Volume: 40 issue: 6, page s : Article first published online: April 16, ; Issue published: July 1, Email: marie-luisa. Abstract Full Text Abstract. David Gartman - - Sociological Theory 20 2 Richard J. Daniel M.

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Farrell - - Criminal Law and Philosophy 7 3 Liberalism, Multiculturalism, and the Value of Individual Autonomy. Justice, Gender, and the Politics of Multiculturalism. Sarah Song - - Cambridge University Press. Andrew G. Hunter - unknown. Cultural Transformation and Religious Practice. Graham Ward - - Cambridge University Press. Counter-Cultural Religious Experiences.

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Log out of ReadCube. Because of immigration in the West, increased cultural diversity poses a variety of problems for the criminal justice system. Three cases are discussed to illustrate the issues. The possible similarity of the cultural defense to an ignorance or mistake of law defense is then considered.

Cultural Defense - Oxford Scholarship

The latter is accepted by such theorists as Gunther Arzt and George P. Fletcher and also apparently in German law, but it is rejected by Jerome Hall on the ground that it undermines the objectivity of the criminal law. The similarity, however, is shown not to hold. It is concluded that a freestanding cultural defense should not be allowed.

Volume 15 , Issue 2. The full text of this article hosted at iucr.

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