LEGAL PLURALISM IN THE UNITED STATES: A FANTASY?

LEGAL PLURALISM IN THE UNITED STATES: A FANTASY?

  This paper discusses whether legal pluralism exists in the United States. Specifically it looks at whether and how American jurisprudence embraces pluralistic idea. Regarding courts as a cultural arena for negotiating between dominant cultural values and those of subcultures, this paper aims to examine the degree to which American law can and should be modified to take into account foreign cultural practices. To illustrate this theme, this paper presents a cultural critique of the use of cultural defense in American criminal proceedings as an example. In sum, American jurisprudence has not embraced the idea of cultural pluralism. The procedural guarantee to include voices and perspectives from diverse groups has acted to produce unintended results. The increased use of cultural defense has not fundamentally altered the courts’ positions. The effective use of the cultural defense depends on court’s sophisticated understanding of the concept of culture.