The Cultural Defense

Extract

The Cultural Defense. By Alison Dundes Renteln. New York: Oxford University Press, 2004. 416p. $45.00.

While there is a burgeoning scholarly literature on such topics as cultural pluralism, ethnic diversity, and the politics of recognition, there has been relatively little systematic attention given to ways that courts can embrace or thwart the maintenance of cultural traditions. Yet, as is often the case, court cases provide concrete examples of conflicts that capture the attention of the popular press and the public. If polygamy is part of a religious or cultural tradition, can state and federal laws forbid it within the United States? If a recent immigrant to the United States belongs to a tradition that permits an “honor killing” to punish the improper sexual behavior of a female relative, to what extent is that immigrant legally culpable? Many of the cases discussed in the book present extraordinarily difficult conflicts between cultural traditions. The author should be praised for presenting them unflinchingly.