"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.
Formatted Contents Note
chapter Introduction part PART I Bringing culture into the law chapter 1 Defending culture: The cultural defense and the law's theory of culture chapter 2 Leave it to the experts? The anthropologist as expert witness chapter 3 What's it like? Native Americans and the ambivalence of legal metaphors part PART II Nature and the family chapter 4 Should we just abolish marriage? The uses of anthropology in law and policy chapter 5 What's wrong with incest? Perception and theory in a shifting legal environment chapter 6 Natural law or law naturalized? Nature volume culture in the U.S. Supreme Court part PART III Reaching out chapter 7 Medicalizing the law: The debate over male circumcision chapter 8 The incorporation of custom: The case of the flashing headlights chapter 9 Is there a place for community? The Amish and the American romance of community.