Cultural Difference on Trial: The Nature and Limits of Judicial Understanding

Cultural Difference on Trial: The Nature and Limits of Judicial Understanding

by Anthony J. Connolly
     
 

ISBN-10: 0754679527

ISBN-13: 9780754679523

Pub. Date: 01/01/2010

Publisher: Ashgate Publishing, Limited

Cultural Difference on Trial: The Nature and Limits of Judicial Understanding comprises a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants, defendants or witnesses. Exploring this issue from within the

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Overview

Cultural Difference on Trial: The Nature and Limits of Judicial Understanding comprises a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants, defendants or witnesses. Exploring this issue from within the tradition of contemporary analytical and naturalistic philosophy and drawing upon recent developments in the philosophy of mind and language, this volume is informed by a sound academic and practical grasp of the workings of the legal system itself. Systematically analysing the nature and limits of a judge's ability to understand culturally different thought and action over the course of a trial, this volume is essential reading for anyone interested in the workings of the modern legal system.

Product Details

ISBN-13:
9780754679523
Publisher:
Ashgate Publishing, Limited
Publication date:
01/01/2010
Series:
Applied Legal Philosophy Series
Pages:
254
Product dimensions:
6.40(w) x 9.30(h) x 1.00(d)

Table of Contents

Contents: Introduction; Culturally different action: an analysis; Indigenous land title: a case study; The judicial understanding of culturally different action; Judicial understanding and the interpretation of evidence; The limits of cultural incommensurability; Judicial understanding and law reform; Bibliography; Index

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