This book illuminates how "cultural evidence" ("evidence" regarding ethnicity) is negotiated by attorneys, witnesses, and defendants in criminal trials. Braunmühl argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure its origin in colonialist and patriarchal discourses, and has been biased against minorities as well as all women from its inception.
This book illuminates how "cultural evidence" ("evidence" regarding ethnicity) is negotiated by attorneys, witnesses, and defendants in criminal trials. Braunmühl argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure its origin in colonialist and patriarchal discourses, and has been biased against minorities as well as all women from its inception.
Caroline Braunmühl is a sociologist publishing in the fields of post-structuralist theory as well cultural, gender and post-colonial studies.
Inhaltsangabe
Part I: Introduction Part II: Theoretical Perspective Part III: The Corpus of Cases Part IV: Ethnicizing Prosecutions and Defenses: 'Culture' and 'Gender' in Trial Parties' Argumentative Strategies and in the Debate About 'the Cultural Defense' 1. Biases and Blindspots in the Debate 2. Cultural Profiling: The Patriarchal Other-First Case Study 3. 'Cultural Defense' I: The Oppressed Third World Woman-Second Case Study 4. 'Cultural Defense' II: The Patriarchal Other-Third Case Study 5. Conclusion: Cultural Information or Gendered Colonial Discourse? Part V: Resistance/Instabilities: The Spectrum of Discursive Politics in Trials Involving 'Cultural Evidence' and the Involuntary Subversion of Hegemonic Discourse 6. Contesting 'Cultural Evidence': Adversarial Opposition or Mutual Collusion? 7. Witnesses and Hegemonic Consensus 8. Beyond Mere 'Resistance': The Spectrum of Instabilities Fracturing Hegemonic Trial Discourse and What Difference They Make Part VI: Conclusion: Practical/Theoretical Implications.
Part I: Introduction Part II: Theoretical Perspective Part III: The Corpus of Cases Part IV: Ethnicizing Prosecutions and Defenses: 'Culture' and 'Gender' in Trial Parties' Argumentative Strategies and in the Debate About 'the Cultural Defense' 1. Biases and Blindspots in the Debate 2. Cultural Profiling: The Patriarchal Other-First Case Study 3. 'Cultural Defense' I: The Oppressed Third World Woman-Second Case Study 4. 'Cultural Defense' II: The Patriarchal Other-Third Case Study 5. Conclusion: Cultural Information or Gendered Colonial Discourse? Part V: Resistance/Instabilities: The Spectrum of Discursive Politics in Trials Involving 'Cultural Evidence' and the Involuntary Subversion of Hegemonic Discourse 6. Contesting 'Cultural Evidence': Adversarial Opposition or Mutual Collusion? 7. Witnesses and Hegemonic Consensus 8. Beyond Mere 'Resistance': The Spectrum of Instabilities Fracturing Hegemonic Trial Discourse and What Difference They Make Part VI: Conclusion: Practical/Theoretical Implications.
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