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Legal Practice and Cultural Diversity

Author: Ralph Grillo

Publisher: Routledge

Published: 2016-12-05

Total Pages: 381

ISBN-13: 1351922394

Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.

Multicultural Lawyering

Author: Kim O'Leary

Publisher:

Published: 2021

Total Pages: 392

ISBN-13: 9781531020415

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"This book is a mix of policy, legal history, professionalism, and lawyering skills. It asks readers to explore multiculturalism through several different lenses. First, readers explore the reasons behind calls for diversity in the legal profession, examining how ordinary people view the culture of the law. Next, readers explore their own cultural backgrounds, consider implicit bias, and examine how to best navigate their own cultures as they interact with legal systems. Then, readers examine how to best represent clients with a particular focus on understanding client goals and helping translate client values and culture into legal system values and culture, while always cognizant of their own values and cultures. Finally, readers explore case studies where failure to appreciate culture has had critical consequences. The book provides perspective through essays about multicultural values in legal systems in other countries. It can be used as a textbook in a multicultural lawyering course or seminar, in a professional identity and culture course, or as a supplement to a clinic, skills, or doctrinal course. Lawyers and other legal professionals can use this book to explore multiculturalism and its effects in the legal system"--

Law, Cultural Diversity, and Criminal Defense

Author: Craig L. Carr

Publisher: Routledge

Published: 2018-07-27

Total Pages: 154

ISBN-13: 0429015593

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American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.

Accommodating Cultural Diversity

Author: Stephen Tierney

Publisher: Routledge

Published: 2016-03-23

Total Pages: 256

ISBN-13: 1317185919

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This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.

Cultural Diversity in International Law

Author: Lilian Richieri Hanania

Publisher: Routledge

Published: 2014-04-24

Total Pages: 341

ISBN-13: 1134454813

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The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.

Legal Pluralism in Conflict

Author: Prakash Shah

Publisher: Routledge

Published: 2016-09-17

Total Pages: 213

ISBN-13: 1135308780

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Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.

Cultural Law

Author: James A. R. Nafziger

Publisher: Cambridge University Press

Published: 2010-11

Total Pages: 1041

ISBN-13: 0521865506

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A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.

Normativity and Diversity in Family Law

Author: Nadjma Yassari

Publisher: Springer Nature

Published: 2021-11-21

Total Pages: 375

ISBN-13: 303083106X

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With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.

Multicultural and Diversity Issues in Student Affairs Practice

Author: Naijian Zhang

Publisher: Charles C Thomas Publisher

Published: 2019-08-14

Total Pages: 350

ISBN-13: 0398092923

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The book was written to assist those who plan to work as student affairs educators soon and those who are new student affairs educators to become competent in social justice and inclusion. It will provide trainees and new student affairs educators not only content knowledge and skills but also strategies and ways to develop competency in social justice and inclusion. Twenty-six additional individuals consist of both scholars/researchers and practitioners who have authored the book chapters. Through their writing these experts have offered their first-hand experiences and wisdom for being a competent student affairs educator in higher education. It will provide the reader with an understanding of multicultural competency and professional identity in student affairs practice, an opportunity to develop a professional identity that centers on social justice, a comprehension of historical development of multiculturalism and diversity in student affairs practice, knowledge of multicultural theory and its application, an understanding of ethical and legal issues from a multiculturalism, diversity, and social justice perspective, knowledge of culturally appropriate intervention strategies in practice, and understanding of evidence-based practice in student affairs. Moreover, this book will offer the reader knowledge and skills in utilizing theory, research, and assessment to enhance practice, forming professional identity through social justice and inclusion, and on how to create a social justice and inclusive environment for minoritized students and students with special needs. Finally, the book teaches the reader how to work with minoritized students and students with special needs.

Beyond Smart

Author: Ronda Muir

Publisher: American Bar Association

Published: 2017

Total Pages: 0

ISBN-13: 9781634259163

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Everyone is familiar with "IQ"--intelligence quotient. Most lawyers put their IQ scores up there with their SAT and LSAT scores as generally acknowledged evidence of their competence. But what is your emotional intelligence quotient? And why should you care?"Emotional intelligence" (EI) is the ability to recognize, understand, and regulate our own and others' emotions. Industries worldwide have incorporated EI into their education, hiring, training, and management programs to maximize performance. BEYOND SMART: LAWYERING WITH EMOTIONAL INTELLIGENCE is the first comprehensive guide to understanding and raising emotional intelligence in the unique context of law practice. It explains the origins of EI, a lawyer's historic role in developing the concept, how lawyers compare in EI to other professionals and how to determine your level of EI. Beyond Smart also outlines how: - Emotionally intelligent lawyers are smarter, better practitioners--as negotiators, litigators and judges, make more money, and are physically and mentally healthier;- Emotionally intelligent law departments and law firms profit from more effective leadership, greater performance, enhanced teamwork, and increased client satisfaction, as well as lower attrition, healthcare and professional liability costs;- Emotionally intelligent practices can thrive in an increasingly competitive and technologically complex marketplace, even outperforming artificial intelligence; and- Individuals, workplaces and law schools can take steps to raise emotional intelligence.This user-friendly, practical resource is designed for today's legal professional who desires to improve their communication, client service and leadership skills and create a high performance, high functioning workplace.