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the dangers of a simplistic approach to culture in the courtroom
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2001
- Magazine Number
- 1
- Creator
- Lawrence, S.N.
- Thesaurus
- rechtspraak, strafrecht, etniciteit, racisme, Canada, Verenigde Staten
- Description
- This article investigates how courtrooms and legal processes recognize, react to, and thereby create 'cultural' information. Drawing on contemporary Canadian examples and the US experience with 'cultural defences' to criminal charges, the author considers not so much how courts should react to cultural practices but rather the problems with the way we identify these practices in the first place. This 'identification' process is often a form of cultural racism and is sometimes masked as an effort at cultural sensitivity. Not only is cultural information incompletely collected and imperfectly understood, it also tends to be considered only against the unarticulated, unexamined norm of North American mainstream culture. egal institutions produce distorted views of 'Other' cultures as well as an intriguing shadow picture of mainstream culture-both of which reveal a deeply held belief in the mainstream tradition's superiority. This process can be particularly harmful for women from non-mainstream cultures. Not only does it construct their own cultural traditions as being dangerously misogynist, it also refuses to recognize those elements of mainstream culture that subordinate and endanger women. The conclusion considers the range and complexity of the challenges that judges, litigators, litigants, and communities face in trying to avoid a simplistic approach to culture, stressing the need for more careful approaches to cultural sensitivity training in judicial education and litigation strategy.
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 1995
- Magazine Number
- 1
- Creator
- Stubbs, Julie
- Creator
- Tolmie, Julia
- Thesaurus
- mishandeling, geweld, sociale klasse, sekse, racisme, Australië, Canada
- Description
- Australian case that involved. Aboriginal woman as a defendant. The authors argues that the battered women syndrome did not challenge gender bias in the law but instead served to reinforce a range of racist and sexist assumptions about the defendant. This paper explores the intersection of race and gender within the context of the battered woman syndrome.
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2004
- Magazine Number
- 1
- Creator
- Bunting, Annie
- Thesaurus
- adoptie, pleeggezinnen, Aboriginals, kinderen, identiteit, cultuur, rechtspraak, racisme, Canada
- Description
- Focus on the importance of culture, community and racism in the removal of Aboriginal children from their homes and placement in non-Aboriginal foster and adoptive homes in Canada. Bunting reviews the statutory context, leading cases and academic commentary on race and culture as factors in assessing the best interests of the children.
muta and the Canadian legal system
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 1995
- Magazine Number
- 1
- Creator
- Khan, Shahnaz
- Thesaurus
- racisme, rechtspraak, islam, sekse, huwelijken, moslima's, Canada
- Description
- This comment discusses a case involving a dispute between a man and a woman involving a young child conceived in a muta (temporary) marriage. Is it possible to have a legal system that focuses on creating a just society, yet is able to incorporate notions of difference?
Showing 1-4 of 4 records.