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.
About the Author
Dr Anthony J. Connolly is a Senior Lecturer in the Law School at the Australian National University. His areas of expertise are legal philosophy, indigenous rights, constitutional law, and evidence. He teaches and researches in these subjects and has published widely in these and related areas.
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