Culture in Law and Development

Nurturing Positive Change

Nonfiction, Reference & Language, Law, Customary, International
Cover of the book Culture in Law and Development by Lan Cao, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Lan Cao ISBN: 9780190608217
Publisher: Oxford University Press Publication: May 2, 2016
Imprint: Oxford University Press Language: English
Author: Lan Cao
ISBN: 9780190608217
Publisher: Oxford University Press
Publication: May 2, 2016
Imprint: Oxford University Press
Language: English

The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.

More books from Oxford University Press

Cover of the book A Theology in Outline by Lan Cao
Cover of the book Divine Discontent by Lan Cao
Cover of the book When Children Don't Sleep Well by Lan Cao
Cover of the book Human Rights in Global Health by Lan Cao
Cover of the book The Peace and Violence of Judaism by Lan Cao
Cover of the book Golden Dreams by Lan Cao
Cover of the book Musical Theater in Schools by Lan Cao
Cover of the book Brought to Bed by Lan Cao
Cover of the book The Fall of the Roman Empire: A New History of Rome and the Barbarians by Lan Cao
Cover of the book The Oxford Handbook of the Social Science of Poverty by Lan Cao
Cover of the book Consequences of Contact by Lan Cao
Cover of the book Migraine and Headache by Lan Cao
Cover of the book Home and Exile by Lan Cao
Cover of the book Freedom Without Violence by Lan Cao
Cover of the book The House of Truth by Lan Cao
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy