Craig L. Carr

Orwell, Politics, and Power

Lisa Johnson

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.

Law, Cultural Diversity, and Criminal Defense

The purpose of this work is to discuss and explain the nature of political freedom. The approach is interdisciplinary, drawing from social theory, history, and law, as well as philosophy and political theory. The argument presented defends a view of political freedom as a social norm that has gained great prominence in those places where it has emerged through time as a social mechanism that supports social order and brings security to social life. Regarded as a social norm, political freedom promotes the toleration of the religious, cultural, ideological, and moral differences that generate normative conflict throughout society. The resultant understanding of political freedom therefore defends a distinction between political and personal freedom and separates the idea of political freedom from the individualism with which it is normally associated in most philosophical literature. The argument also indicates why it is appropriate to regard political freedom as a central virtue of social justice.

Craig L. Carr

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