The judgement of culture : cultural assumptions in American law

"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. The Judgement of Culture will make informative reading for students and scholars of anthropology, law and related subjects across the social sciences."--Provided by publisher 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. 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. Lawrence Rosen. Includes Bibliographical References And Index. MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict Cover 1 Half Title 2 Title Page 4 Copyright Page 5 Dedication 6 Contents 8 List of illustrations 10 Acknowledgments 11 Introduction 14 PART I: Bringing culture into the law 28 1 Defending culture: The cultural defense and the law’s theory of culture 30 2 Leave it to the experts? The anthropologist as expert witness 70 3 What’s it like? Native Americans and the ambivalence of legal metaphors 107 PART II: Nature and the family 130 4 Should we just abolish marriage? The uses of anthropology in law and policy 132 5 What’s wrong with incest? Perception and theory in a shifting legal environment 154 6 Natural law or law naturalized? Nature v. culture in the U.S. Supreme Court 172 PART III: Reaching out 208 7 Medicalizing the law: The debate over male circumcision 210 8 The incorporation of custom: The case of the flashing headlights 225 9 Is there a place for community? The Amish and the American romance of community 240 Conclusion: “Secreted in the interstices” 260 Index 266 Cover......Page 1 Half Title......Page 2 Title Page......Page 4 Copyright Page......Page 5 Dedication......Page 6 Contents......Page 8 List of illustrations......Page 10 Acknowledgments......Page 11 Introduction......Page 14 PART I: Bringing culture into the law......Page 28 1 Defending culture: The cultural defense and the law’s theory of culture......Page 30 2 Leave it to the experts? The anthropologist as expert witness......Page 70 3 What’s it like? Native Americans and the ambivalence of legal metaphors......Page 107 PART II: Nature and the family......Page 130 4 Should we just abolish marriage? The uses of anthropology in law and policy......Page 132 5 What’s wrong with incest? Perception and theory in a shifting legal environment......Page 154 6 Natural law or law naturalized? Nature v. culture in the U.S. Supreme Court......Page 172 PART III: Reaching out......Page 208 7 Medicalizing the law: The debate over male circumcision......Page 210 8 The incorporation of custom: The case of the flashing headlights......Page 225 9 Is there a place for community? The Amish and the American romance of community......Page 240 Conclusion: “Secreted in the interstices”......Page 260 Index......Page 266 Annotation 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.The Judgement of Culturewill make informative reading for students and scholars of anthropology, law and related subjects across the social sciences