cultural defense, hate crimes and equality before the law
Clicks: 180
ID: 209923
2006
Article Quality & Performance Metrics
Overall Quality
Not rated
Combines reader engagement with the AI quality analysis. This
article has not been analysed, so there is no overall score —
reader engagement is measured and shown alongside.
Reader Engagement
Steady Performance
30.0
/100
180 views
43 readers
AI Quality Assessment
Not analyzed
Readership in this journal
SteadyRanked #12 of 35 articles by views in mutation research/genetic toxicology and environmental mutagenesis
Most read
Least read
Bar heights use a square-root scale.
Mint this article as an NFT
Not yet mintedCreate a permanent, verifiable on-chain record of this article on the Scimatic Network. The NFT is held in your Journament account, and you can withdraw it to your own wallet at any time.
5
SUSD
one-off · no wallet required
Abstract
The so-called “cultural defense” before the courts, which seeks full or partial exculpation based on the cultural identity of either the defendant or the plaintiff, and the newly established category of “hate crimes”, which enhances the criminal sentences in cases in which the criminal acts from motives of prejudice, are two examples – tending in opposite directions – for culturally based exceptions to the principle of equal enforcement of the law, the intent of which is to treat everybody as an equal. The justification for these departures from equal enforcement is that the law is allegedly biased infavor of the cultural majority within the population. However, if one accepts this claim, one should (i) complement these measures by creating a consistent set of rights and duties for the cultural communities, (ii) limit these rights and duties to a merely legal, not comprehensive culture, (iii) subject it to legislative review and (iv) define clear legal relationships between the cultural communities. The “personal status” of traditional as well as of new cultural communities (both with membership on a voluntary basis and under the respect of Mill’s “no harm principle”) may provide us with elementsof a real equal treatment of individuals belonging to different cultures.
| Reference Key |
merle2006ethic@:cultural
Use this key to autocite in the manuscript while using
SciMatic Manuscript Manager or Thesis Manager
|
|---|---|
| Authors | ;Jean-Christophe Merle |
| Journal | mutation research/genetic toxicology and environmental mutagenesis |
| Year | 2006 |
| DOI |
DOI not found
|
| URL | |
| Keywords |
Citations
No citations found. To add a citation, contact the admin at info@scimatic.org
Comments
No comments yet. Be the first to comment on this article.