The cultural defence in Spain: Multicultural jurisprudence: Comparative perspectives on the cultural defense

Cesar Arjona Sebastià, Barbara Truffin

Research output: Book chapterChapter

Abstract

This study on legal anthropology presents an overview of the cultural defence in the Spanish legal system. Since there is not a particular law specifically recognising cultural defence as a legal concept, we have focused our research on judicial decisions. In particular, we have approached two different groups of cases. On the one hand, we have analysed cases that are overtly cultural, most of them dealing with Romani people (hard cases). On the other hand, we have analysed cases of squatting in which cultural claims are implicit in spite of the subcultural dimension of the movement (soft cases). Although this research does not pretend to be exhaustive, we can draw relevant conclusions from the contrast between these two types of cases. In particular, it appears that there is a lack of appropriate legal instruments in order to frame cultural claims in courts, what seems to be part a general reluctance on the Spanish legal system to confront cultural problems.
Original languageEnglish
Title of host publicationMulticultural jurisprudence: Comparative perspectives on the cultural defense
Pages85-120
Publication statusPublished - 1 Jan 2009

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