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As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and inevitably clashes between state law and customary law. These cultural conflicts have given rise to a new multicultural jurisprudence. In this volume scholars grapple with the immense challenges judges are currently experiencing everywhere. To what extent can and should courts accommodate litigants' requests by taking their cultural backgrounds into account? This collection brings together powerful examples of the cultural defense in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of this defense, contrary to the mistaken impression that it has been invoked principally in the United States. This book makes the case for undertaking studies of the use of the cultural defense in jurisdictions all over the world where this has not been previously documented. Many of the chapters concentrate on criminal cases including homicide in the context of honour crimes, provocation based on 'loss of face' or witchcraft killings. Some deal with other areas of law such as asylum jurisprudence, family law and housing policy. They show in concrete cases how cultural claims have arisen and how legal systems wrestle with these arguments. It is clear that judges have had considerable difficulty handling many of the cultural claims. The authors demonstrate persuasively the need to reconsider the proper use of cultural evidence in legal proceedings. Those interested in the ways in which expertise influences the disposition of cases will find this book compelling.
In The Security Archipelago, Paul Amar provides an alternative historical and theoretical framing of the refashioning of free-market states and the rise of humanitarian security regimes in the Global South by examining the pivotal, trendsetting cases of Brazil and Egypt. Addressing gaps in the study of neoliberalism and biopolitics, Amar describes how coercive security operations and cultural rescue campaigns confronting waves of resistance have appropriated progressive, antimarket discourses around morality, sexuality, and labor. The products of these struggles—including powerful new police practices, religious politics, sexuality identifications, and gender normativities—have traveled across an archipelago, a metaphorical island chain of what the global security industry calls "hot spots." Homing in on Cairo and Rio de Janeiro, Amar reveals the innovative resistances and unexpected alliances that have coalesced in new polities emerging from the Arab Spring and South America's Pink Tide. These have generated a shared modern governance model that he terms the "human-security state."
This sixth volume of Advances in Criminological Theory is testimony to a resurgent interest in anomie-strain theory, which began in the mid- 1980s and continues unabated. Contributors focus on the new body of empirical research and theorizing that has been added to the anomie tradition that extends from Durkheim to Merton. The first section is a major, 75-page statement by Robert K. Merton, examining the development of the anomie-and-opportunity-structure paradigm and its significance to criminology., The Legacy of Anomie Theoy assesses the theory's continuing usefulness, explains the relevance of Merton's concept of goals/means disparity as a psychological mechanism in the explanation of delinquency, and compares strain theory with social control theory. A macrosociological theoretical formulation is used to explain the association between societal development and crime rates. In other chapters, anomie is used to explain white-collar crime and to explore the symbiotic relationship between Chinese gangs and adult criminal organizations within the cultural, economic, and political context of the American-Chinese community.
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This book offers a sociological analysis of the history of international police cooperation in the period from the middle of the 19th century until the end of World War II. It is a detailed exploration of international cooperation strategies involving police institutions from the United States and Germany as well as other European countries.