Divided into three parts, this book examines the relationship between law and culture from various perspectives, both theoretical and empirical. Part I outlines the framework for further considerations and includes new, innovative conceptualizations of two ideas that are essential to the topic of law and culture: legal culture and customary law. Both of these reappear later in the more empirically oriented chapters of Parts II and III. Part II includes chapters on the relationships between law, customs, and culture, drawing heavily on the tradition and achievements of the anthropology of law and touching on important problems of multiculturalism, legal pluralism, and cultural defense. It focuses on the more intangible meaning of culture, while Part III addresses its more material, tangible aspects and the issue of cultural production, as well as its intersection with law.
Author(s): Mateusz Stępień, Jan Bazyli Klakla
Series: Law and Visual Jurisprudence, Vol. 5
Edition: 1
Publisher: Springer
Year: 2021
Language: English
Commentary: TruePDF
Pages: 208
Tags: Theories Of Law; Philosophy Of Law; Legal History; IT Law, Media Law, Intellectual Property; Private International Law; International & Foreign Law; Comparative Law; Audio-Visual Culture
Acknowledgments
Contents
Contributors
Part I: Law and Culture Theorizations
Introduction. Drawing on the Legacy of Founding Fathers
1 Introduction
2 Founding Fathers
3 Law and Culture. Reconceptualization and Case Studies
4 Conclusions
Exploring New Avenues for Studying the Legal Culture: Drawing on Homi Bhabha´s Theorization of ``Culture´´
1 Introduction
2 Reconstructing the Current State of Art
2.1 Basic Intuitions Concerning ``Culture´´
2.2 Basic Models of Understanding Legal Culture
2.3 Comments on Current Definitions of LC
3 Bhabha´s Attack on the Classical Concept of ``Culture´´
4 Bhabha´s Lessons Assist in Reworking the Concept of LC
5 Conclusions
References
Customary Law Is Like an Onion: A Multilayered Approach to Customary Law and Its Status in the Contemporary World
1 Introduction
2 Law and Culture
3 Customary Law
4 Customary Law Is Like an Onion
4.1 Layer I: Patterns of the Expected Behavior
4.2 Layer II: Predispositions, Set of Guidelines for Social Action
4.3 Layer III: Social Values
4.4 Layer IV: Social Identity
5 Conclusions
References
Part II: Law, Custom and Culture
Indian ``Love Jihad´´ Goes to Court
1 Introduction
2 ``Love Jihad´´
3 Reasons Underlying the Ongoing Debate About ``Love Jihad´´
3.1 Some Aspects of Hindu Tradition
3.2 Muslims and the Demographic War
3.3 Conversion Laws
4 Hadiya Case
4.1 First Judgement (the High Court of Kerala, Asokan K.M. v. The State of Kerala, from 25th of January 2016, WP(Crl.)/25/2016)
4.1.1 Women and Family
4.1.2 Muslims, ``Love Jihad´´, and Conversion
4.2 Second Judgement (the High Court of Kerala, Asokan K.M. v. The Superintendent of Police, from 24th of May 2017, WP (Crl.)....
4.2.1 Woman, Family, and Marriage
4.2.2 Muslims and ``Love Jihad´´
4.2.3 Conversion
4.3 The Third Judgement (the Supreme Court of India, Shafin Jahan v. Asokan K.M. and Ors., from 9th of April 2018, Criminal Ap...
4.3.1 Woman, Family, and Marriage
4.3.2 Muslims and ``Love Jihad´´
4.3.3 Conversion
5 Conclusions
References
Judicial Opinions and Case Files
Legal Acts
Palestinian Culture Through a Legal Lens: A Case Study of Customary Legal Proceedings After a Homicide in Hebron
1 Introduction
2 Customary Adjudication and Reconciliation Proceedings
3 Revenge Killing: ath-thār
4 Al-Haymouni vs. al-Jabari: A Customary Reconciliation Procedure
5 The Murder Case of 2016
6 Collectivism and the Clan-Based Culture of Hebron
7 Tracing Cultural Change Through Customary Law
8 Conclusions
References
Videos
Personal Interviews
``In This Case, Can There Be No Talk About Such a Justification Through Circumstances´´? A Case Study of the Invocation of Cul...
1 Introduction
2 Methodology and Research Questions
3 What Is Cultural Defence?
4 Background: Analysis of Case Files
4.1 The First Stages of Proceedings
4.2 Cultural Expert Testimony
4.3 Further Formulation of a Defense Line
4.4 Court Verdict and Appeal
5 Analysis of Judicial Opinions
5.1 Background: Judicial Opinion of the District Court
5.2 Judicial Opinion of the Court of Appeal
6 Conclusions
References
Judicial Opinions
Part III: Law and Cultural Production
Copyright and Culture: The Case of Poland
1 Introduction
2 Theoretical Framework for Relations Between Law and Culture
2.1 Culture and Copyright Justification
2.2 How Does Copyright Affect the Process of Culture Creation?
2.3 Copyright and Access to Culture
2.4 Copyright as a Tool of Cultural Policy
3 Polish Discourse on Copyright
3.1 The Place of Culture in the Polish Public Debate on Copyright
3.2 The Relation Between Copyright and Culture in the Opinion of Practitioners
4 Conclusions
References
Organization Sites and Statues
Legal Acts and Drafts of Proposed Legal Acts
Court Decisions
The Procedural Justice in South Korean Popular Culture. An Analysis of Court Hearings Using the Example of the K-drama Your Ho...
1 Introduction
2 Procedural Justice
3 Methodology
4 Analysis of Cases Presented During Hearings
4.1 Trial 1
4.2 Trial 2
5 Cultural Aspects of the Cases
6 Conclusions
References
Online Websites
Does Visual Culture Pose a Threat to Law?
1 Introduction
2 The Assumption of the Entry of Visual Culture Into Law
2.1 The Concept of Socio-Cultural Change
2.2 Different Meanings of the Concept of Culture
2.3 Visual Culture as the Content of the Indicated Socio-Cultural Changes
3 Factors of Perceiving Changes in the Law as Unfavorable
3.1 Treating Images as Carrying Emotionality, Subjectivity and Irrationality
3.2 Fear of the Excessive Spread of Visuality in Law
4 Vision of Law in Crisis
5 Conclusions
References
