{"title":"自《加兰特》以来的许多房间里的正义:通过文化防御去浪漫化法律多元主义","authors":"M. Sharafi","doi":"10.2139/SSRN.1464900","DOIUrl":null,"url":null,"abstract":"Marc Galanter's article, 'Justice in Many Rooms' (1981) was prescient in recognizing that nonstate law was not necessarily kinder and gentler than state law. While many writing in the 1970s and 80s celebrated nonstate law as more egalitarian and less coercive than state law, Galanter held back. Post-1980s critiques of the cultural defense, particularly by Asian American feminist lawyers, have also contributed to a shift in the scholarly perception of nonstate law. In the spirit of Galanter's piece, the cultural defense debate should be read not just as a discussion about multicultural tolerance, but also as an integral part of the legal pluralism literature.","PeriodicalId":39484,"journal":{"name":"Law and Contemporary Problems","volume":"2 1","pages":"139-146"},"PeriodicalIF":0.0000,"publicationDate":"2008-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"23","resultStr":"{\"title\":\"Justice in Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through the Cultural Defense\",\"authors\":\"M. Sharafi\",\"doi\":\"10.2139/SSRN.1464900\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Marc Galanter's article, 'Justice in Many Rooms' (1981) was prescient in recognizing that nonstate law was not necessarily kinder and gentler than state law. While many writing in the 1970s and 80s celebrated nonstate law as more egalitarian and less coercive than state law, Galanter held back. Post-1980s critiques of the cultural defense, particularly by Asian American feminist lawyers, have also contributed to a shift in the scholarly perception of nonstate law. In the spirit of Galanter's piece, the cultural defense debate should be read not just as a discussion about multicultural tolerance, but also as an integral part of the legal pluralism literature.\",\"PeriodicalId\":39484,\"journal\":{\"name\":\"Law and Contemporary Problems\",\"volume\":\"2 1\",\"pages\":\"139-146\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2008-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"23\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and Contemporary Problems\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.1464900\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Contemporary Problems","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.1464900","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 23
摘要
马克·加兰特(Marc galante)的文章《许多房间里的正义》(Justice in Many Rooms, 1981)很有先见之明,他认识到非州法律不一定比州法律更仁慈、更温和。在20世纪70年代和80年代,许多著作称赞非州法律比州法律更平等,强制性更少,但加兰特却退缩了。上世纪80年代后对文化辩护的批评,尤其是亚裔美国女权主义律师的批评,也促成了学术界对非州法观念的转变。本着加兰特文章的精神,文化防卫辩论不应仅仅被视为对多元文化宽容的讨论,还应被视为法律多元主义文学的一个组成部分。
Justice in Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through the Cultural Defense
Marc Galanter's article, 'Justice in Many Rooms' (1981) was prescient in recognizing that nonstate law was not necessarily kinder and gentler than state law. While many writing in the 1970s and 80s celebrated nonstate law as more egalitarian and less coercive than state law, Galanter held back. Post-1980s critiques of the cultural defense, particularly by Asian American feminist lawyers, have also contributed to a shift in the scholarly perception of nonstate law. In the spirit of Galanter's piece, the cultural defense debate should be read not just as a discussion about multicultural tolerance, but also as an integral part of the legal pluralism literature.
期刊介绍:
Law and Contemporary Problems was founded in 1933 and is the oldest journal published at Duke Law School. It is a quarterly, interdisciplinary, faculty-edited publication of Duke Law School. L&CP recognizes that many fields in the sciences, social sciences, and humanities can enhance the development and understanding of law. It is our purpose to seek out these areas of overlap and to publish balanced symposia that enlighten not just legal readers, but readers from these other disciplines as well. L&CP uses a symposium format, generally publishing one symposium per issue on a topic of contemporary concern. Authors and articles are selected to ensure that each issue collectively creates a unified presentation of the contemporary problem under consideration. L&CP hosts an annual conference at Duke Law School featuring the authors of one of the year’s four symposia.