基本説明
Explores the tension between individual rights and cultural autonomy promised in American law, on the one hand, and the country's need to build unity and national identity.
Full Description
This new edition of Norgren and Nanda's classic updates their examination of the intersection of American cultural pluralism and law. They document and analyze legal challenges to the existing social order raised by many cultural groups, among them, Native Americans and Native Hawaiians, homeless persons, immigrants, disabled persons, and Rastafarians. In addition, they examine such current controversies as the culture wars in American schools and the impact of post-9/11 security measures on Arab and Muslim individuals and communities. The book also discusses more traditional challenges to the American legal system by women, homosexuals, African Americans, Latinos, Japanese Americans, and the Mormons and the Amish.
The new chapters and updated analyses in this Third Edition reflect recent, relevant court cases dealing with culture, race, gender, religion, and personal status. Drawing on court materials, state and federal legislation, and legal ethnographies, the text analyzes the ongoing tension between, on the one hand, the need of different groups for cultural autonomy and equal rights, and on the other, the necessity of national unity and security. The text integrates the authors' commentary with case descriptions set in historical, cultural, political, and economic context. While the authors' thesis is that law is an instrument of social policy that has generally furthered an assimilationist agenda in American society, they also point out how in different periods, under different circumstances, and with regard to different groups, law has also some opportunity for cultural autonomy.
Contents
Preface Introduction: E Pluribus Unum? Race and Ethnicity Native Americans, Land, and Law Trouble in Paradise: Native Hawaiian and Puerto Rican Sovereignty African Americans: The Fight for Justice and Equality Immigration: Latinos and Law Religion Religious Belief and Practice: The Mormons Religious Belief and Practice: The Amish The Culture Wars in American Schools Religion and the Use of Illicit Drugs: The Rastafari and the Native American Church Gender Women's Nature, Women's Lives, Women's Rights Family Values: Gays and Marriage Community and Citizenship Fighting Prejudice: Persons with Disabilities and Homeless Persons 100 Percent American: Who Qualifies in a National Emergency? Japanese Americans and the Law Cultural Pluralism and the Rule of Law Post-9/11 Selected Bibliography Index
