The occurrence in some criminal cases of "cultural defenses" on behalf of "minority" defendants has stirred much debate. This book is the first to illuminate how "cultural evidence" — i.e., "evidence" regarding ethnicity — is actually negotiated by attorneys, expert/lay witnesses, and defendants in criminal trials. Caroline Braunmühl demonstrates that this has occurred, overwhelmingly, in ways shaped by colonialist and patriarchal discourses common in the Western world. She argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure this fact, and has been biased against minorities as well as all women from its inception, in the very terms in which the question for debate has been framed. This study also breaks new ground by analyzing the strategies, and the failures, in which colonialist and patriarchal constructions of cultural evidence are resisted or — more commonly — colluded in by opposing attorneys, witnesses, and defendants themselves. The constructions at hand emerge as contradictory and unstable, belying the notion that cultural evidence is a matter of objective "information" about another culture, rather than — as Braunmühl argues — of discourses that are inevitably normatively charged. Colonial Discourse and Gender in US Criminal Courts moves the debate about cultural defenses onto an entirely new plane, one based upon the understanding that only in-depth empirical analyses informed by critical, rigorous theoretical reflection can do justice to the irreducibly political character of any discussion of "cultural evidence," and of its presentation in court.

Brydon, Forsgren, and Fur’s Concurrent Imaginaries, Postcolonial Worlds demonstrates the value of reading for concurrences in situating discussions of archives, voices, and history in colonial and postcolonial contexts. Starting with the premise that our pluriversal world is constructed from concurrent imaginaries yet the role of concurrences has seldom been examined, the collection brings together case studies that confirm the productivity of reading, looking, and listening for concurrences across established boundaries of disciplinary or geopolitical engagement. Contributors working in art history, sociology, literary, and historical studies bring examples of Nordic colonialism together with analyses of colonial practices worldwide. The collection invites uptake of the study of concurrences within the humanities and in interdisciplinary fields such as postcolonial, cultural, and globalization studies.

When Edwin Sutherland introduced the concept of white-collar crime, he referred to the respectable businessmen of his day who had, in the course of their occupations, violated the law whenever it was advantageous to do so. Yet since the founding of the American Republic, numerous otherwise respectable individuals had been involved in white-collar criminality. Using organized smuggling as an exemplar, this narrative history of American smuggling establishes that white-collar crime has always been an integral part of American history when conditions were favorable to violating the law. This dark side of the American Dream originally exposed itself in colonial times with elite merchants of communities such as Boston trafficking contraband into the colonies. It again came to the forefront during the Embargo of 1809 and continued through the War of 1812, the Civil War, nineteenth century filibustering, the Mexican Revolution and Prohibition. The author also shows that the years of illegal opium trade with China by American merchants served as precursor to the later smuggling of opium into the United States. The author confirms that each period of smuggling was a link in the continuing chain of white-collar crime in the 150 years prior to Sutherland’s assertion of corporate criminality.

Recent migratory flows to Europe have brought about considerable changes in many countries. Italy in particular offers a unique point of view, since it is possible to observe not only the way migration has changed specific features of the country, but also how it is intertwined with gender relations. Considering both the type of migration that has affected Italy and the consequent measures adopted by the Government, a variety of distinctive elements may be seen. By providing a broad and more complete picture of the Italian perspective on gender and migration, this book makes a valuable contribution to the wider debate. The contributions consider the problematic linkage between gender and migration, as well as analyse particular aspects including Italian colonial past, domestic work, self-determination, access to social services, second-generation migrant women, family law, multiculturalism and religious symbols. Taking an empirical and theoretical approach, the volume underlines both the multifaceted problems affecting migrant women in Italy and the way in which questions raised in other countries are introduced and redefined by Italian scholarship. The book presents a valuable resource for researchers, academics and policy-makers working in the areas of migration and gender studies.

The Immigration Act of 1965 was one of the most consequential laws ever passed in the United States and immigration policy continues to be one of the most contentious areas of American politics. As a "nation of immigrants," the United States has a long and complex history of immigration programs and controls which are deeply connected to the shape of American society today. This volume makes sense of the political history and the social impacts of immigration law, showing how legislation has reflected both domestic concerns and wider foreign policy. John S. W. Park examines how immigration law reforms have inspired radically different responses across all levels of government, from cooperation to outright disobedience, and how they continue to fracture broader political debates. He concludes with an overview of how significant, on-going challenges in our interconnected world, including "failed states" and climate change, will shape American migrations for many decades to come.

This book adopts a critical criminological approach to analyze the production, representation and role of crime in the emerging international order. It analyzes the role of power and its influence on the dynamics of criminalization at an international level, facilitating an examination of the geopolitics of international criminal justice. Such an approach to crime is well-developed in domestic criminology; however, this critical approach is yet to be used to explore the relationship between power, crime and justice in an international setting. This book brings together contrasting opinions on how courts, prosecutors, judges, NGOs, and other bodies act to reflexively produce the social reality of international justice. In doing this, it bridges the gaps between the fields of sociology, criminology, international relations, political science, and international law to explore the problems and prospects of international criminal justice and illustrate the role of crime and criminalization in a complex, evolving, and contested international society.

Arguing that law must be looked at holistically, this book investigates the ‘hidden gender’ of the so-called neutral or objective legal principles that structure the law addressing violence against women. Adopting an explicitly feminist perspective, it investigates how legal responses to violence against women presuppose, maintain and perpetuate a certain context that may not in fact reflect women’s experiences. Carline and Easteal draw upon relevant legislation, case law and secondary studies from a range of territories, including Australia, England and Wales, the United States, Canada and Europe, to contextualize and critique different policy responses. They go on to examine the potential and limits of law, making recommendations for best practice models of policymaking and law reform. Aiming to help improve government, community and legal responses to women who experience violence, Shades of Grey – Domestic and Sexual Violence Against Women: Law Reform and Society will assist law-makers, academics, policymakers and a wider audience in understanding the complexities of violence against women.

Offers a theoretical account of the relationship between power, emotion, and identity through an analysis of ancient Jewish texts.

American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.

Surveys reveal that domestic abuse is more commonplace among teenagers and young adults than older populations, yet surprisingly little is written about young men’s involvement in it. Reporting on a three-year study based in the UK, this book explores young men’s involvement in domestic abuse, whether as victims, perpetrators or witnesses to violent behaviors between adults. Original survey data, focus group material and in-depth biographical interviews are used to make the case for a more thoroughgoing engagement with the meanings young men come to attribute to violent behavior, include the tendency among many to configure violence within families as "fights" that call for acts of male heroism. The book also highlights the dearth of services interventions for young men prone to domestic abuse, and the challenges of developing responsive practice in this area. Each section of the book highlights further online resources that those looking to conduct research in this area or apply its insights in practice can draw upon.