Cultural Assumptions in American Law
2018 – Routledge
Legal systems do not operate in isolation but in complex cultural contexts.
This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships, and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision, and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice.
The Judgement of Culture will make informative reading for students and scholars of anthropology, law, and related subjects across the social sciences.
Table of Contents
Part I: Bringing Culture into the Law
1. Defending Culture: The Cultural Defense and the Law’s Theory of Culture
2. Leave It to the Experts? The Anthropologist as Expert Witness
3. What’s It Like? Native Americans and the Ambivalence of Legal Metaphors
Part II: Nature and the Family
4: Should We Just Abolish Marriage? The Uses of Anthropology in Law and Policy
5: What’s Wrong with Incest? Perception and Theory in a Shifting Legal Environment
6: Natural Law or Law Naturalized? Nature v. Culture in the U.S. Supreme Court
Part III: Reaching Out
7: Medicalizing the Law: The Debate over Male Circumcision
8: The Incorporation of Custom: The Case of the Flashing Headlights
9: Is There a Place for Community? The Amish and the American Romance of Community