Individualizing justice through multiculturalism: the liberals' dilemma

Article Abstract:

The dilemma posed by the issue of admitting evidence of cultural differences in criminal trials must be resolved in favor of the victims and potential victims of violence that is sanctioned in other cultures. Liberals are faced with a choice between respecting principles of nondiscrimination in criminal justice and respecting cultural differences and individualized justice. While defendants do have an interest in having cultural evidence heard, the victims, who are mostly minority women and children, also have a right to be free of the violence that they were historically subject to. Providing different rules for defendants of different ethnic origins is also contrary to the Equal Protection Clause.

Social aspects, Cases, Women, Crimes against, Race discrimination, Criminal liability, Sociological jurisprudence

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Talking "culture": gender, race, nation, and the politics of multiculturalism

Article Abstract:

Doriane Lambelet Coleman mischaracterizes feminism and multiculturalism as mutually exclusive in her analysis of cultural defenses in criminal cases because she bases her analysis on essentialist views of Third World women and American women. She fails to consider the subject position of non-European immigrant women and their potential for agency in their own cultures. Her assumptions do not acknowledge that Western culture is patriarchal as well and that immigrant women can be feminists. She characterizes immigrant women as victims that need to be saved from their cultures by "neutral" US jurisprudence.

Demographic aspects, Criticism and interpretation, Criminal justice, Administration of, Administration of criminal justice, Feminist jurisprudence, Coleman, Doriane Lambelet

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Feminism versus multiculturalism

Article Abstract:

The author examines academic arguments that the concepts of feminism and multiculturalism are in conflict and that gender subordination is more prevalent in minority cultures. The focus of such arguments on immigrant and Third World women is analyzed in light of sexism in majority communities.

United States, Psychological aspects, Minority women, Sex discrimination against women, Feminism

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