ABSTRACT

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.

chapter |14 pages

Introduction

part I|102 pages

Bringing culture into the law

chapter 1|40 pages

Defending culture

The cultural defense and the law’s theory of culture

chapter 2|37 pages

Leave it to the experts?

The anthropologist as expert witness

chapter 3|23 pages

What’s it like?

Native Americans and the ambivalence of legal metaphors

part II|78 pages

Nature and the family

chapter 4|22 pages

Should we just abolish marriage?

The uses of anthropology in law and policy

chapter 5|18 pages

What’s wrong with incest?

Perception and theory in a shifting legal environment

chapter 6|35 pages

Natural law or law naturalized?

Nature v. culture in the U.S. Supreme Court

part III|52 pages

Reaching out

chapter 7|15 pages

Medicalizing the law

The debate over male circumcision

chapter 8|15 pages

The incorporation of custom

The case of the flashing headlights

chapter 9|20 pages

Is there a place for community?

The Amish and the American romance of community

chapter |5 pages

Conclusion

“Secreted in the interstices”