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Tag: What is the culture of law

how culture influences law

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Law continues to be topic to modifications by factors of society and culture,including:Gender and sexualityLoved onesViolenceProgress in science,engineering and medicationMigration

What is the culture of law?

THE CULTURE OF LAW transitional justice mechanisms in a post-conflict situation because this will provide more stability, success, and ultimately peace in that community. Legal tradition is more than simply the legal institutions and processes, which make up a state’s legal system.

How does legal culture change?

Legal culture adopts and changes as society develops. These changes can come from within, or be imposed or imported from the outside. In many instances though, such changes are superficial and limited to legal institutions.

How can we improve our understanding of Law and culture?

think, be helpful. A more coherent framework and a more consistent vocabulary would encourage this sort of work-work which at its best invites attention to issues of justice, power, recognition, and self-definition. To focus on culture is to locate the ways in which law influences who we are and who we aspire to be, and moves

What do sociologists believe about law?

American sociologists believe law for being itself a cultural type that’s formulated, established and shaped by the society through which it operates. Similarly, the culture of an organization is formed and modified by the legal disciplinary forces.

How do class barriers protect the poor?

Class barriers frequently protect against the poor from fighting the rich in courts. Culturally also, the wealthy tend to be accorded far more respect. By pointing out discriminatory practices, debating, and educating people on these problems, the long-lasting transform can outcome.

How are law and culture related?

Despite the fact that law is precise, and culture is felt rather than described, the two are interrelated. Voting, discussion of politics, and cultural practices all help in refining the legal process and altering old cultural traditions.

What should law college students think about?

Law college students really should think about problems relating to justice, freedom, and culture. By discussing these topics among themselves, their teachers, along with other citizens, they can organize poplar opinion all over issues in the hour.

How are laws made in a democracy?

Within a democracy, laws are made the decision by the legislature that is elected by the people today. If the folks voice their displeasure regarding a specific bill, the legislature’s members should take it up. The judiciary is independent, to ensure when the chamber is at fault, it can be penalized. The right of a citizen to appeal the court’s selection also influences our notions of how free of charge we are.

What is the spot of intersecting places of curiosity of law and culture?

Outside the academic planet, the spot of intersecting places of curiosity of law and culture has resulted in widespread interest in the operating mechanism of the regulation and also the consequences from the event that the gun of law misfires. These topics are usually understood by way of discussions with your area and international peers.

How is law different from culture?

Law regulates human conduct, whereas culture is an outcome of your aggregation of unregulated human habits. While seemingly different, these two parallels intersect typically. The law demands that it must be studied and practiced from the book and there really should be no human element in passing judgments. This is how the story from the interaction concerning law and culture begins.

How old do Hmong women have to be to marry?

Within the Hmong culture, the desired age of marriage for a girl, is between the ages of 14 and 18 years. A young girl living within the U.S. may find that her parents have accepted a bride’s price for her marriage to an older man.

What do animists believe?

The Animists believe that there is life after death. Although many Hmong believe that one will practice his/her religion in one’s life after death, they believe the purpose of their worship is to state their intention to live good lives to their loved ones who have already passed away.

Why are immigrants on the wrong side of the law?

Because many immigrants are faced with laws and practices so different from what they are accustomed to, many find themselves on the wrong side of the law. In my unit, I briefly explore cultural and/or religious practices from Cuba, Japan, Southeast Asia (Hmong), Hawaii, Cambodia, Vietnam and Africa that raise legal questions when practiced in the United States.

How to understand culture?

In an effort to better understand a culture, one must examine the influence of religion, written and unwritten laws. In my unit, I present traditional cultural and/or religious practices of several ethnic groups now living in the United States. This view into their practices and beliefs, should help one ascertain the need for a “cultural defense.” However unorthodox many of the practices may seem to mainstream America, many of these practices are alive and well within our country. Because of them, some recent immigrants may find themselves in direct conflict with the United States legal system.

What religions were popular in the 1970s?

Among these religions are Transcendental Meditation, the Hare Krishna Movement, Zen Buddhism, and the Unification Church . (the Moonies) Perhaps the greatest influence and challenge to America and its laws was the growing number of Americans who did not have any religious practices and objected strongly to the Judeo-Christian assertion of right and wrong. In the late 1980’s, these new “secularists” made up approximately 11 percent of the U.S. population. Their views are seen to be “humanist” and they support what they feel are laws that are for the good of mankind, not laws based on a Judeo-Christian ethic.

Why do immigrants have legal problems?

Because of their culture, many immigrants find themselves in conflict with the legal system in the U.S. This cultural defense asserts that many immigrants and ethnic Americans experience legal and social problems as a direct result of their “different” cultural practices. Because many immigrants are faced with laws and practices so different …

How many Hindus were there in 1940?

Although Hinduism is a family religion and most worship takes place in the home, it has been estimated that there were approximately 150,000 Hindus in the United States in 1940. In 1990, this number grew to about three quarters of a million. In 1909, there were approximately 3,000 Buddhists in America.

How does legal tradition affect transitional justice?

States in which the legal tradition already encompasses acceptance ofjudges, courts and trials may be more open and accepting of international (or exogenous) forms of transitional justice.62 Conversely, states in which the legal tradition is very different from the general rules of international tribunals, which dominate global transitional justice efforts, may be less receptive to these types of top- down mechanisms.63 Instead, legal traditions focused on community and harmony may prefer local solutions attuned to the individual attributes of the group’s legal tradition. IV. A CASE STUDY: UGANDA Since its independence from Britain in October 1962, Uganda has seen almost a quarter century of conflict.64 During this time period, Uganda has had six presidents and suffered severe political instability and turmoil.65 The current president, Yoweri Kaguta Museveni, came into power in 1986 after an armed struggle against the regime of the late General Tito Okello.66 Conflict and humanitarian disaster, however, increased dramatically in Uganda in the late 1990s and early 2000s as the Lord’s Resistance Army (LRA), led by Joseph Kony, began committing widespread atrocities in its fight with the Ugandan government. 67While their goals are somewhat unclear, the LRA claims to seek

What happened to the LRA in 2005?

In 2005, the LRA was largely pushed out of northern Uganda, but continues to operate from neighboring Democratic Republic of Congo.73 The LRA and the Ugandan government made efforts to craft a peace agreement. However, after two and a half years, Kony ultimately refused to sign the Final Peace Agreement in April 2008.74 While LRA atrocities in Northern Uganda have diminished, the fighting continues. Also in 2005, at the referral of the Ugandan government, the International Criminal Court (ICC) issued indictments for five of the top leaders of the LRA, including Joseph Kony.75 In response to the ICC indictment, the LRA offered to negotiate a peace deal in exchange for the dismissal of the ICC charges. While the international response to this offer was one of outrage, the local response in Uganda was a bit different. A number of tribal elders and traditional leaders in Uganda believed that the ICC indictments interfered with the process of peace and that it would be better to find a solution internally.77 With the LRA largely

What is the war between Uganda and the LRA?

The war between the Ugandan government and the LRA is considered "one of the worst humanitarian crises in the world.,69 The conflict has resulted in an untold number of deaths, a displacement of an estimated eighty to ninety percent of the Acholi population in the northern part of the country,7° and the abduction of tens of thousands of children to serve as soldiers and slaves.7′ People in the northern parts of Uganda -Acholi, Lango, and Teso -have lived in fear of the LRA and have also suffered at the hands of the government, whose movement of people into protective camps has resulted in more death and abuse.72

Why is transitional justice important?

transitional justice mechanisms in a post-conflict situation because this will provide more stability, success, and ultimately peace in that community. Legal tradition is more than simply the legal institutions and processes, which make up a state’s legal system.

What are the forms of transitional justice?

There are numerous forms of transitional justice mechanisms ranging from international criminal proceedings such as those at the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda and the International Criminal Court,’7 domestic or hybrid trials as in Cambodia,18 truth and reconciliation commissions as in South Africa,’9 amnesties,20 and local

Why is it important to consider a state’s legal tradition when focusing on transitional justice in a particular?

This is why it is important to consider a state’s legal tradition when focusing on transitional justice in a particular place because legal tradition encompasses both institutional structure and culture.35 Taking cultural preferences into account is the only way to truly achieve peace and justice in the aftermath of a crisis. III. LEGAL TRADITION [L]ocal cultures, beliefs, and social factors play a role in shaping attitudes and opinions toward peace. Efforts to establish peace and accountability mechanisms must be informed by population-based data that reflect the opinions, attitudes, and needs of all sectors of a society.

What are the institutional attributes of a legal tradition?

L. REV. spirituality, some legal cultures encompass not just one’s behavior in the present, but what this might mean for past or future generations.53 This, again, is quite different from the major Western legal traditions of the common and civil law, which are secular in nature and grounded firmly in the present. Institutional attributes of a legal tradition are those institutions and mechanisms in place within a state or society charged with making, applying, and enforcing the law. Legal institutions can include community councils, religious tribunals, civil or criminal courts, as well as numerous other mechanisms for ensuring that the law is followed.54 In the common and civil law traditions, legal institutions usually encompass the legislative, executive, and judicial branches of the state or local government.55 Law is usually grounded in a constitution or code. In religious and customary legal traditions, by contrast, institutions are often more localized and less formal.56 Both cultural and institutional attributes draw from and reflect on the other, and each is socially constructed by the historical development and unique culture of a particular society. Law is a foundational component of society and evolves as society develops. Law not only creates the rules that govern everyday action, but also provides the shared understandings by which people are able to live together in a society.57 There can be no society without a system of law to regulate the relations of its members with one another.58 Legal tradition is the embodiment of this set of beliefs. The unique cultural and institutional characteristics of a state’s legal tradition thus create certain beliefs about law and appropriate actions under the law that should guide transitional justice efforts. The legal traditions of the common and civil law will seek different forms ofjustice than the legal traditions of religious or customary law traditions. Identifying the cultural and institutional attributes present in a given state or among a given population, and tailoring transitional justice mechanisms to a particular legal culture will increase the chances of cultural acceptance. Legal tradition as an important explanatory factor for behavior has long been recognized within the field of comparative law, but the study of legal tradition in the field of political science is more recent. Current scholarly work on legal tradition supports the idea that the attributes found in a domestic legal tradition shape attitudes about the appropriate course of action.59 For example,

How did crime rate change in China?

Up until 1979, crime rates in China were considered to be quite low, going as small as 31 per 100,000 citizens in 1964. China began its economic reforms in 1979, and crime rates began to rise significantly; by 1991 it had reached 215 per 100,000 citizens, seven times that of 1964. The government now promotes the idea of allowing people to aim for the goal of becoming wealthier than most others. An economic change within a society, China being an example, is associated with violence and elevated rates of murder. What is interesting about this example is that these observed changes can be seen within the same culture, rather than comparing the crime rates of two different cultures. The people are the same, the location is the same, all that has changed is the planting of the “free market economy” seed. The shift from a classless socialist society to a competitive free market economy comparable to what is seen in America today, has indirectly driven crime rates substantially higher: homicides have increased by 71%, assaults by 171%, robbery by 353%, larceny by 72%, theft by 237%, fraud by 239%, and counterfeiting by 947%. Similar to America, China does not provide adequate legal opportunities to reach this newly promoted goal of monetary success, and so people use what they have available to them, legal or not. What was once a strictly collectivistic culture with socialist ideals, is now adopting an individualistic mindset; taking care of the group is less important than taking care of themselves. Just as suggested earlier, once one of the four basic social institutions begins to dominate, which in this case is the economy, the others begin to have less influence on day-to-day activities, and what was once black and white is now a gray area.

What is individualism in the United States?

Individualism refers to the way we are taught to compete with others in order to succeed. In the United States, people must take care of themselves because it is their own individual responsibility; this is in contrast to collectivistic cultures, which tend to take care of the group as a whole.

What is the IAT theory?

Moving on toward the discussion of cross-national crime comparisons, the institutional-anomie theory (IAT) continues to receive a lot of attention; this theory attempts to explain differences in crime rates through emphasis on the way a particular culture conducts itself economically and institutionally, how the culture expects its citizens to behave, and the degree to which the culture provides opportunities for its citizens to reach those expectations. Originally used to explain nonviolent offenses such as white-collar crimes, it is now suggested to also apply to a variety of violent offenses. It can be argued that the cultural goal in the United States, seemingly more important than all others, is to achieve wealth and become successful monetarily; this is often called the “American Dream”.

Why is the free market economy bad?

According to the IAT, our free market economy is responsible for the high rates of criminal behavior in the U.S. It is suggested that when the economy dominates over other social institutions, and the government does not adequately provide a legal means to achieve the desired wealth, it results in weak normative-controls over how people should conduct their lives. In other words, there is a contradiction between the messages we are given by our government. On one hand there is a strong push to be successful, and on the other we are lacking in legitimate ways to reach success, and only a small fraction of our population will ever be able to reach such a state of economic wealth. Unfortunately, encouraging entrepreneurship and individualistic ideals also leads to social inequality and higher crime. Not surprisingly, a relationship between economic inequality and higher rates of homicide has been found.

What is universalism in economics?

Universalism refers to the universal understanding of these values across all members of the society, regardless of wealth or status. Monetary fetishism refers to the way the society primarily uses money as the measurement of success, rather than by the means in which they actually acquired the money.

What is the heat hypothesis?

The heat hypothesis is a theoretical explanation, which proposes uncomfortably warm temperatures are the reason for

Why is violence a part of the Southern culture?

The southern culture of violence theory suggests today’s increased rates of violent crime in the southern United States is a byproduct of the Celtic cultural values that these migrants brought with them, which has been passed down from generation to generation for hundreds of years. These individuals socially fit into patriarchal systems, which clearly outlined the roles men and women were supposed to follow. Some cultural ideals included a dislike for government and authority, and lex talionis, which demands what others may call an overly exaggerated sense of pride and willingness to defend honor. In time, the Scots-Irish migrants and their descendants slowly began to favor evangelical Protestantism.

Why is culture important?

The Significance Of Culture. Culture adds excellent value to society, especially intrinsic virtues. Cultural participation can be of great benefit to people and affects them personally. Culture offers delightful and beautiful experiences, providing people with emotional and intellectual intelligence.

How does culture influence our behavior?

Culture influences our behaviors in diverse ways. It is because the culture is the people’s way of life. Culture includes the social ethics, principles, or morals seen in society. A method of living that encompasses people’s beliefs, values, customs, language, and traditions is what we know to be culture.

Why is cultural planning important?

You implement the cultural plan when you seek to achieve sustainable development of communities, its independence, economic progress, and its social equity. Cultural Planning creates room for culture to flourish, establishing tolerance, unity, and oneness in society.

What are some behaviors that we can learn?

Learned behaviors come in two ways. These types are overt and covert behavior.

How does culture affect how an individual behaves?

Thus, the fact that culture affects how an individual behaves is an undeniable factor. Culture influences every part of an individual’s life.

What is culture in psychology?

Culture is a designed, cultivated behavior: Culture, from its definition, shows that you learn behaviors. Culture patterns and aligns with someone’s behavior or perhaps, one’s behavior is dependent upon another. The model is according to someone’s behavior.

Why is culture dynamic?

Culture is dynamic: The dynamic nature of culture is proof that it is liable to change as it interacts with other cultures. The integration of different people makes it very simple for culture to change as a result of constant interaction with other cultures.