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Title: The Cultural Defense
ISBN: B00194DUN0
Author:
Alison Dundes Renteln
Publicate Date: 2004-01-15
Publish: 2004-01-15
List Price: $26.93
Average Customer Rating: 4.5
Format: Kindle Edition
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Amazon Lowest New Price: $21.54
Amazon Merchant Price: $21.54
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| Customer Review: |
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1: The Cultural Defense - For those whose cultures are not hegemonic in America...
While some would explain away cultural defenses as "cultural excuses" for crimes, it is important to note (as Renteln's book repeatedly does) that American morals and values are not hegemonic throughout the world. This being said, Renteln's ideas are not without controversy, as providing parents who fondle their children with a sound legal defense is likely to raise the eyebrows of even the most liberal of defense advocates.
The very basic point of The Cultural Defense that I believe is often missed is it's indirect attack on the assumption that culture has been established in the United States. If one were to blindly follow the letter of the law as written in 1787, slavery, spousal-rape, and other current crimes would still be legal. The point is that the founding fathers were not representative of the social, economic and racial makeup of the United States at the time of it's founding, nor would they be representative of the US today. Thus, by following the ideals of culture that were set forth in the oldest laws of our nation by denying alternative cultural considerations, the US is placing itself on a dangerous path towards a cultural lag in law that does not represent what modern America needs or wants out of its government and its laws.
The Cultural Defense does not excuse those who commit crimes. It merely advocates understanding the background of those individuals who break the law. If a history of abuse or violence within a white family can be allowed into court, surely the cultural history of a racial or ethnic minority should be allowed as well.
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2: When in Rome: Using Culture as an Excuse
Although Alison Dundes Rentein professes an interesting case for the validity of integrating cultural background into a defense in criminal court, and uses solid case law to defend her claims, there are many issues about cultural pluralism and the power of a percieved American national identity that the author fails to combat.
Rentein argues that, instead of integrating cultural experience and upbringing into the realm of insanity defenses in criminal court, these preconditions should stand on thier own as valid, yet partial, defenses to serious crimes. She argues that, despite the presumption of most in the U.S. that immigrants should, "when in Rome do as the Romans do", this is an unrealistic expectation for many immigrants who come to America with language barriers and strong ties to thier respective cultures. She argues that predispositions created by a certain cultural upbringing are undeniable and should be admissable in criminal court to provide a partial defense in terms of motive.
Although her arguments are unique, persuasive and offer insight into legal questions that are somewhat undeveloped, she does not sufficiently address the power and validity of a percieved American national identity and the sancitity of the American justice system. Further, she does not address the plausibility that the cultural defense would be accepted into any other international court of law, ignoring the responsibility of other nations with substantial immigrant populations to accept a cultural defense as the U.S. is supposed to do according to the author.
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3: CULTURAL DEFENSE
From the Publisher:
"Professor Renteln has ably questioned the adage, "When in Rome, do as the Romans do," as a rule for applying the law equally. Her well-informed argument for a partial cultural defense (and offense in civil litigation) echoes the "jus gentium" of the Roman Empire itself. The case law is fascinating." -- James A.R. Nafziger, Thomas B. Stoel Professor, Willamette University College of Law
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4: CULTURAL DEFENSE
From the Publisher:
"Renteln weaves fascinating stories of the intersection of law and diverse cultures into a rich narrative that forces one to confront anew the complexities of administering justice in a multicultural context. Renteln's analysis is rigorous, nuanced, and ultimately persuasive." -- G. Alan
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5: CULTURAL DEFENSE
From the Publisher:
"Renteln presents a well-reasoned and spirited call for courts to recognize 'the cultural defense.' No reader will come away without being thoroughly stimulated."-- Bert Lockwood, University of Cincinnati College of Law
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