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Articles 1 - 4 of 4

Full-Text Articles in Law

On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held Jan 2009

On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held

Reid G. Fontaine

A “cultural defense” to criminal culpability cannot achieve true pluralism without collapsing into a totally subjective, personal standard. Applying an objective cultural standard does not rescue a defendant from the external imposition of values—the purported aim of the cultural defense—because a cultural standard is, at its core, an external standard imposed onto an individual. The pluralist argument for a cultural defense also fails on its own terms—after all, justice systems are themselves cultural institutions. Furthermore, a defendant’s background is already accounted for at sentencing. The closest thing to a cultural defense that a court could adopt without damaging the culpability …


Clitoridectomy And The Economics Of Islamic Marriage And Divorce Law - Ryan M Riegg - 2009, Ryan M. Riegg Jan 2009

Clitoridectomy And The Economics Of Islamic Marriage And Divorce Law - Ryan M Riegg - 2009, Ryan M. Riegg

Ryan M. Riegg

No abstract provided.


Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia Dec 2008

Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg Dec 2008

Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg

The article critiques traditional economic theory, which frequently fails to address issues like "trust" in the forming of both contractual and marital relationships, and addresses problems within both the American and Islamic marriage & divorce systems from a behavioral economic, and comparative, perspective.