The Cultural Defense. By Alison Dundes Renteln. New York:
Oxford University Press, 2004. 416p. $45.00.
While there is a burgeoning scholarly literature on such topics as
cultural pluralism, ethnic diversity, and the politics of recognition,
there has been relatively little systematic attention given to ways
that courts can embrace or thwart the maintenance of cultural
traditions. Yet, as is often the case, court cases provide concrete
examples of conflicts that capture the attention of the popular press
and the public. If polygamy is part of a religious or cultural
tradition, can state and federal laws forbid it within the United
States? If a recent immigrant to the United States belongs to a
tradition that permits an “honor killing” to punish the
improper sexual behavior of a female relative, to what extent is that
immigrant legally culpable? Many of the cases discussed in the book
present extraordinarily difficult conflicts between cultural
traditions. The author should be praised for presenting them
unflinchingly.