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Majority Norms and Minority Practices: Reexamining the ?Cultural Defense? in American Criminal Law |
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Abstract:
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Recent feminist responses to liberal arguments for group rights have called attention to the ways in which group rights may allow for intra-group oppression, particularly the oppression of women. The focus has been on minority cultures and the ways in which minority cultural practices may threaten the hard-won progress toward gender equality in the majority cultures of western liberal democracies. This paper seeks to scrutinize western liberal cultures alongside minority cultures in order to examine how the gendered norms and practices of western cultures and those of minority cultures have interacted and influenced each other. This paper focuses on the ways in which the U.S. majority culture is both receptive to and reinforces patriarchal practices within minority cultures by examining particular ?cultural defense? cases in American criminal law. If the majority culture is in some regards not less patriarchal than minority cultures, then encouraging members of minority cultures to integrate into the ways of the majority culture will not get us as far toward gender equality as might be hoped. This paper suggests that the challenge facing feminists should not be conceived as ?us? versus ?them??how an already enlightened majority culture ought to go about assimilating inherently patriarchal minority cultures. Rather, we must consider how the gendered hierarchies of western cultures and those of minority cultures mutually reinforce one another in their interactions. Scrutinizing the gendered hierarchies of western culture alongside those of minority cultures will better equip us to consider and challenge the structures and practices that subordinate women within any culture. |
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cultur (230), defens (100), law (86), defend (84), hmong (60), case (57), provoc (54), major (48), state (46), practic (45), court (45), evid (44), minor (43), v (42), marriag (40), may (37), man (36), reason (35), wife (35), rape (35), women (34), |
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Association:
Name: American Political Science Association
URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Song, Sarah. "Majority Norms and Minority Practices: Reexamining the ?Cultural Defense? in American Criminal Law" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p65003_index.html> |
APA Citation:
| Song, S. , 2002-08-28 "Majority Norms and Minority Practices: Reexamining the ?Cultural Defense? in American Criminal Law" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p65003_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Recent feminist responses to liberal arguments for group rights have called attention to the ways in which group rights may allow for intra-group oppression, particularly the oppression of women. The focus has been on minority cultures and the ways in which minority cultural practices may threaten the hard-won progress toward gender equality in the majority cultures of western liberal democracies. This paper seeks to scrutinize western liberal cultures alongside minority cultures in order to examine how the gendered norms and practices of western cultures and those of minority cultures have interacted and influenced each other. This paper focuses on the ways in which the U.S. majority culture is both receptive to and reinforces patriarchal practices within minority cultures by examining particular ?cultural defense? cases in American criminal law. If the majority culture is in some regards not less patriarchal than minority cultures, then encouraging members of minority cultures to integrate into the ways of the majority culture will not get us as far toward gender equality as might be hoped. This paper suggests that the challenge facing feminists should not be conceived as ?us? versus ?them??how an already enlightened majority culture ought to go about assimilating inherently patriarchal minority cultures. Rather, we must consider how the gendered hierarchies of western cultures and those of minority cultures mutually reinforce one another in their interactions. Scrutinizing the gendered hierarchies of western culture alongside those of minority cultures will better equip us to consider and challenge the structures and practices that subordinate women within any culture. |
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| Document Type: |
.pdf |
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32 |
| Word count: |
10824 |
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| Majority Norms and Minority Practices: Reexamining the `Cultural Defense' in American Criminal Law Sarah Song Ph.D. Candidate Department of Political Science Yale University P.O. Box 208301 New Haven CT 065208301 sarah.song@yale.edu Prepared for delivery at the 2002 Annual Meeting of the American Political Science Association August 29 -- September 1 2002 Copyright by the American Political Science Association 2 Recent feminist responses to liberal arguments for group rights have called attention to the ways in which group rights may |
| culture. While members of minority cultures may indeed seek to perpetuate patriarchal cultural practices in the United States the laws and norms of the majority culture offer immigrants legal means with which to continue patriarchal practices. The mistake of fact and provocation defenses are majority cultural defenses which naturalize and render acceptable male domination over women and allowing immigrants access to these majority cultural defenses validates such practices within minority communities. The challenge then is to continue to identify |
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