Jump to ContentJump to Main Navigation
Criminal Law and Cultural Diversity$
Users without a subscription are not able to see the full content.

Will Kymlicka, Claes Lernestedt, and Matt Matravers

Print publication date: 2014

Print ISBN-13: 9780199676590

Published to Oxford Scholarship Online: June 2014

DOI: 10.1093/acprof:oso/9780199676590.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 June 2020

Cultural Defense and the Criminal Law

Cultural Defense and the Criminal Law

(p.104) 6 Cultural Defense and the Criminal Law
Criminal Law and Cultural Diversity

Bhikhu Parekh

Oxford University Press

This chapter situates issues of cultural defenses within a broader theory about conflicts of value between minorities and the majority. It highlights the many ways that the criminal law rests not just on universal principles, but also upon the particularistic cultural understandings of the dominant group. Against this background, a partial cultural defense can play a valuable role. Such a defense would need to be understood in the context of conflicts of value between majorities and minorities, and addressed through extensive discussion and argument, rather than the unilateral or coercive imposition of one side’s values on the other. Creating legal space for a cultural defense would not only help track personal blameworthiness but also provide a useful forum for intercultural, future-oriented learning.

Keywords:   blameworthiness, criminal law, cultural defense, intercultural conflict, minorities

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .