Problems in Cross-Cultural Legal Discourse: U.S. Federal and Native American Tribal Criminal Law-Reference-Cited by-同舟云学术

Problems in Cross-Cultural Legal Discourse: U.S. Federal and Native American Tribal Criminal Law

Published:2022-09-23 Issue:1 Volume:23 Page:7-21
ISSN:1934-2640
Container-title:Global Jurist
language:en
Short-container-title:

Author:

Brewer Janet¹

Affiliation:

1. Department of Anthropology, Criminal Justice & Sociology , Governors State University , One University Parkway , University Park , IL , 60484 , USA

Abstract

Abstract Through examination of conflict of laws as to U.S. federal courts and tribal law, this study highlights the impact of culture upon legal meaning. Disparities stem from long-standing norms which underpin legal concepts. These terms which give rise to legal philosophy and the judicial process defy clear English interpretation. Examples include the Latin term mens rea which serves as the foundation for Anglo-American punishment theory, and the Navajo term hózhó from which all conceptualizations of social order emanate. An exploration of these examples in the context of a recent case underscores the close link between law and culture.

Publisher

Walter de Gruyter GmbH

Subject

Law,Political Science and International Relations

Link

https://www.degruyter.com/document/doi/10.1515/gj-2022-0033/pdf

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