The Cultural Defense

by Alison Dundes Renteln

In what ways and to what extent should cultural background be taken into consideration in response to legal problems? The first book-length study of the topic, The Cultural Defense provides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom. Documenting an extraordinary range of cases in which individuals have attempted to invoke a cultural defense, this book provides an in-depth look at the complexities of invoking cultural arguments in the diverse bodies of law under which the cases fall. Cases considered include homicide and rape prosecutions, child abuse cases, drug use cases, the treatment of animals, and custody battles. Disputing current practices, Renteln contends that the cultural defense should, in both criminal and civil matters, be given formal recognition.

404 pages, Paperback

First published January 1, 2004

Reviews

[Annie · Rating 4 out of 5]

Fascinating look at this defence raised in a variety of situations. Read for the section on children (e.g. Hmong or Christian Scientists refusing medical treatment, or Indonesians using "coining" or "cupping" to heal children being prosecuted for child abuse) but it was all interesting. A very interesting marriage of a variety of different topics united by a common theme.

[Ryan · Rating 2 out of 5]

The laws passed by the American Legislature used to be much shorter and much less complicated. Most of the complexity of modern law making derives from treating different groups of people differently under the law. This book makes a well reasoned and passionate argument about the role culture should play in judicial processes. The book does a great job of highlighting cases where a cursory examination makes it seem that culture should function as a just judicial determinate. Ultimately though it is almost criminally negligent in its deliberate blindness to the consequences of what happens when a society abandons the ideal of universal law.