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The Cultural Defense

Ratio Juris 15 (2):146-158 (2002)

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  1. Reasonable women in the law.Susan Dimock - 2008 - Critical Review of International Social and Political Philosophy 11 (2):153-175.
    Standards of reasonableness are pervasive in law. Whether a belief or conduct is reasonable is determined by reference to what a ?reasonable man? similarly situated would have believed or done in similar circumstances. Feminists rightly objected that the ?reasonable man? standard was gender?biased and worked to the detriment of women. Merely replacing the ?reasonable man? with the ?reasonable person? would not be sufficient, furthermore, to right this historic wrong. Rather, in a wide range of cases, feminist theorists and legal practitioners (...)
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  • Law in Culture.Roger Cotterrell - 2004 - Ratio Juris 17 (1):1-14.
    The relationship of law and culture has long been a concern of legal anthropology and sociology of law. But it is recognised today as a central issue in many different kinds of juristic inquiries. All these recent invocations of the concept of culture indicate or imply problems at the boundaries of established thought about either the nature of law or the values that law is thought to express or reflect. The consequence is that legal theory must, it seems, now systematically (...)
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  • La cultura del derecho europeo y el multiculturalismo. Desafíos para la democracia en el siglo XXI.Anetta Breczko & Agata Breczko - 2015 - Idea. Studia Nad Strukturą I Rozwojem Pojęć Filozoficznych 27:395-412.
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  • Why is (Claiming) Ignorance of the Law no Excuse?Miroslav Imbrisevic - 2010 - Review Journal of Political Philosophy 8 (1):57-69.
    In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment need to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The (...)
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