LEGAL PLURALISM IN THE UNITED STATES: A FANTASY?

• 영문명: LEGAL PLURALISM IN THE UNITED STATES: A FANTASY?
• 발행기관: 한국외국어대학교 영미연구소
• 저자명: Jae-Hyup Lee
• 간행물 정보: 『영미연구』제14집, 171~193쪽, 전체 23쪽
• 주제분류: 사회과학 > 지역학
• 파일형태: PDF
• 발행일자: 2006.06.30

영문 초록

  This paper discusses whether legal pluralism exists in the United States. Specifically it looks at whether and how American jurisprudence embraces pluralistic idea. Regarding courts as a cultural arena for negotiating between dominant cultural values and those of subcultures, this paper aims to examine the degree to which American law can and should be modified to take into account foreign cultural practices. To illustrate this theme, this paper presents a cultural critique of the use of cultural defense in American criminal proceedings as an example. In sum, American jurisprudence has not embraced the idea of cultural pluralism. The procedural guarantee to include voices and perspectives from diverse groups has acted to produce unintended results. The increased use of cultural defense has not fundamentally altered the courts’ positions. The effective use of the cultural defense depends on court’s sophisticated understanding of the concept of culture.

목차

Ⅰ. Introduction
Ⅱ. Legal Pluralism in the United States
Ⅲ. Court Culture as Manifestation of Bias
Ⅳ. The Problem of Cultural Defense
Ⅴ. Conclusion
Works Cited
Abstract

키워드

pluralism jury cultural defense multiculturalism American culture