Part I - Law and Culture Theorizations: Introduction. Drawing On the Legacy of Founding Fathers -- Exploring New Avenues for Studying the Legal Culture: Drawing on Homi Bhabha's Theorization of "culture" -- Customary Law is Like an Onion: A Multilayered Approach to Customary Law and Its Status in the Contemporary World -- Part II - Law, Custom and Culture: Indian "Love Jihad" Goes to Court -- Palestinian Culture Through a Legal Lens: A Case Study of Customary Legal Proceedings After a Homicide in Hebron -- 'In This Case, Can There Be No Talk About Such a Justification Through Circumstances?' A Case Study of the Invocation of Cultural Defence Outside the Common Law -- Part III - Law and Cultural Production: Copyright and Culture: The Case of Poland -- The Procedural Justice in South Korean Popular Culture. An Analysis of Court Hearings Using the Example of the K-Drama Your Honor -- Does Visual Culture Pose a Threat to Law?
Summary:
Divided into three parts, this book examines the relationship between law and culture from various perspectives, both theoretical and empirical. Part I outlines the framework for further considerations and includes new, innovative conceptualizations of two ideas that are essential to the topic of law and culture: legal culture and customary law. Both of these reappear later in the more empirically oriented chapters of Parts II and III. Part II includes chapters on the relationships between law, customs, and culture, drawing heavily on the tradition and achievements of the anthropology of law and touching on important problems of multiculturalism, legal pluralism, and cultural defense. It focuses on the more intangible meaning of culture, while Part III addresses its more material, tangible aspects and the issue of cultural production, as well as its intersection with law.
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