Read and Download eBook Full
Author:
Publisher: Ashgate Publishing, Ltd.
Published: 2009
Total Pages: 366
ISBN-13: 9780754675471
DOWNLOAD EBOOKThis 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.
Author: Ralph Grillo
Publisher: Routledge
Published: 2016-12-05
Total Pages: 381
ISBN-13: 1351922394
DOWNLOAD EBOOKLegal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.
Author: Kim O'Leary
Publisher:
Published: 2021
Total Pages: 392
ISBN-13: 9781531020415
DOWNLOAD EBOOK"This book is a mix of policy, legal history, professionalism, and lawyering skills. It asks readers to explore multiculturalism through several different lenses. First, readers explore the reasons behind calls for diversity in the legal profession, examining how ordinary people view the culture of the law. Next, readers explore their own cultural backgrounds, consider implicit bias, and examine how to best navigate their own cultures as they interact with legal systems. Then, readers examine how to best represent clients with a particular focus on understanding client goals and helping translate client values and culture into legal system values and culture, while always cognizant of their own values and cultures. Finally, readers explore case studies where failure to appreciate culture has had critical consequences. The book provides perspective through essays about multicultural values in legal systems in other countries. It can be used as a textbook in a multicultural lawyering course or seminar, in a professional identity and culture course, or as a supplement to a clinic, skills, or doctrinal course. Lawyers and other legal professionals can use this book to explore multiculturalism and its effects in the legal system"--
Author: Craig L. Carr
Publisher: Routledge
Published: 2018-07-27
Total Pages: 244
ISBN-13: 0429015593
DOWNLOAD EBOOKAmerican legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.
Author: Lilian Richieri Hanania
Publisher: Routledge
Published: 2014-04-24
Total Pages: 341
ISBN-13: 1134454813
DOWNLOAD EBOOKThe 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.
Author: Dr Jogchum Vrielink
Publisher: Ashgate Publishing, Ltd.
Published: 2012-09-01
Total Pages: 673
ISBN-13: 140946170X
DOWNLOAD EBOOKIssues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.
Author: Nadjma Yassari
Publisher: Springer Nature
Published: 2021-11-21
Total Pages: 375
ISBN-13: 303083106X
DOWNLOAD EBOOKWith regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
Author: Tsedale M. Melaku
Publisher: Rowman & Littlefield
Published: 2019-04-18
Total Pages: 205
ISBN-13: 1538107937
DOWNLOAD EBOOKYou Don't Look Like a Lawyer: Black Women and Systemic Gendered Racism highlights how race and gender create barriers to recruitment, professional development, and advancement to partnership for black women in elite corporate law firms. Utilizing narratives of black female lawyers, this book offers a blend of accessible theory to benefit any reader willing to learn about the underlying challenges that lead to their high attrition rates. Drawing from narratives of black female lawyers, their experiences center around gendered racism and are embedded within institutional practices at the hands of predominantly white men. In particular, the book covers topics such as appearance, white narratives of affirmative action, differences and similarities with white women and black men, exclusion from social and professional networking opportunities and lack of mentors, sponsors and substantive training. This book highlights the often-hidden mechanisms elite law firms utilize to perpetuate and maintain a dominant white male system. Weaving the narratives with a critical race analysis and accessible writing, the reader is exposed to this exclusive elite environment, demonstrating the rawness and reality of black women’s experiences in white spaces. Finally, we get to hear the voices of black female lawyers as they tell their stories and perspectives on working in a highly competitive, racialized and gendered environment, and the impact it has on their advancement and beyond.
Author: Stephen Tierney
Publisher: Routledge
Published: 2016-03-23
Total Pages: 256
ISBN-13: 1317185919
DOWNLOAD EBOOKThis volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.
Author: James A. R. Nafziger
Publisher: Cambridge University Press
Published: 2010-11
Total Pages: 1041
ISBN-13: 0521865506
DOWNLOAD EBOOKA collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.
