Law and Culture: Reconceptualization and Case Studies

Acknowledgments
Contents
Contributors
Part I: Law and Culture Theorizations
	Introduction. Drawing on the Legacy of Founding Fathers
		1 Introduction
		2 Founding Fathers
		3 Law and Culture. Reconceptualization and Case Studies
		4 Conclusions
	Exploring New Avenues for Studying the Legal Culture: Drawing on Homi Bhabha´s Theorization of ``Culture´´
		1 Introduction
		2 Reconstructing the Current State of Art
			2.1 Basic Intuitions Concerning ``Culture´´
			2.2 Basic Models of Understanding Legal Culture
			2.3 Comments on Current Definitions of LC
		3 Bhabha´s Attack on the Classical Concept of ``Culture´´
		4 Bhabha´s Lessons Assist in Reworking the Concept of LC
		5 Conclusions
		References
	Customary Law Is Like an Onion: A Multilayered Approach to Customary Law and Its Status in the Contemporary World
		1 Introduction
		2 Law and Culture
		3 Customary Law
		4 Customary Law Is Like an Onion
			4.1 Layer I: Patterns of the Expected Behavior
			4.2 Layer II: Predispositions, Set of Guidelines for Social Action
			4.3 Layer III: Social Values
			4.4 Layer IV: Social Identity
		5 Conclusions
		References
Part II: Law, Custom and Culture
	Indian ``Love Jihad´´ Goes to Court
		1 Introduction
		2 ``Love Jihad´´
		3 Reasons Underlying the Ongoing Debate About ``Love Jihad´´
			3.1 Some Aspects of Hindu Tradition
			3.2 Muslims and the Demographic War
			3.3 Conversion Laws
		4 Hadiya Case
			4.1 First Judgement (the High Court of Kerala, Asokan K.M. v. The State of Kerala, from 25th of January 2016, WP(Crl.)/25/2016)
				4.1.1 Women and Family
				4.1.2 Muslims, ``Love Jihad´´, and Conversion
			4.2 Second Judgement (the High Court of Kerala, Asokan K.M. v. The Superintendent of Police, from 24th of May 2017, WP (Crl.)....
				4.2.1 Woman, Family, and Marriage
				4.2.2 Muslims and ``Love Jihad´´
				4.2.3 Conversion
			4.3 The Third Judgement (the Supreme Court of India, Shafin Jahan v. Asokan K.M. and Ors., from 9th of April 2018, Criminal Ap...
				4.3.1 Woman, Family, and Marriage
				4.3.2 Muslims and ``Love Jihad´´
				4.3.3 Conversion
		5 Conclusions
		References
		Judicial Opinions and Case Files
		Legal Acts
	Palestinian Culture Through a Legal Lens: A Case Study of Customary Legal Proceedings After a Homicide in Hebron
		1 Introduction
		2 Customary Adjudication and Reconciliation Proceedings
		3 Revenge Killing: ath-thār
		4 Al-Haymouni vs. al-Jabari: A Customary Reconciliation Procedure
		5 The Murder Case of 2016
		6 Collectivism and the Clan-Based Culture of Hebron
		7 Tracing Cultural Change Through Customary Law
		8 Conclusions
		References
		Videos
		Personal Interviews
	``In This Case, Can There Be No Talk About Such a Justification Through Circumstances´´? A Case Study of the Invocation of Cul...
		1 Introduction
		2 Methodology and Research Questions
		3 What Is Cultural Defence?
		4 Background: Analysis of Case Files
			4.1 The First Stages of Proceedings
			4.2 Cultural Expert Testimony
			4.3 Further Formulation of a Defense Line
			4.4 Court Verdict and Appeal
		5 Analysis of Judicial Opinions
			5.1 Background: Judicial Opinion of the District Court
			5.2 Judicial Opinion of the Court of Appeal
		6 Conclusions
		References
		Judicial Opinions
Part III: Law and Cultural Production
	Copyright and Culture: The Case of Poland
		1 Introduction
		2 Theoretical Framework for Relations Between Law and Culture
			2.1 Culture and Copyright Justification
			2.2 How Does Copyright Affect the Process of Culture Creation?
			2.3 Copyright and Access to Culture
			2.4 Copyright as a Tool of Cultural Policy
		3 Polish Discourse on Copyright
			3.1 The Place of Culture in the Polish Public Debate on Copyright
			3.2 The Relation Between Copyright and Culture in the Opinion of Practitioners
		4 Conclusions
		References
		Organization Sites and Statues
		Legal Acts and Drafts of Proposed Legal Acts
		Court Decisions
	The Procedural Justice in South Korean Popular Culture. An Analysis of Court Hearings Using the Example of the K-drama Your Ho...
		1 Introduction
		2 Procedural Justice
		3 Methodology
		4 Analysis of Cases Presented During Hearings
			4.1 Trial 1
			4.2 Trial 2
		5 Cultural Aspects of the Cases
		6 Conclusions
		References
		Online Websites
	Does Visual Culture Pose a Threat to Law?
		1 Introduction
		2 The Assumption of the Entry of Visual Culture Into Law
			2.1 The Concept of Socio-Cultural Change
			2.2 Different Meanings of the Concept of Culture
			2.3 Visual Culture as the Content of the Indicated Socio-Cultural Changes
		3 Factors of Perceiving Changes in the Law as Unfavorable
			3.1 Treating Images as Carrying Emotionality, Subjectivity and Irrationality
			3.2 Fear of the Excessive Spread of Visuality in Law
		4 Vision of Law in Crisis
		5 Conclusions
		References