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Jacob Levy Response Summary

Decent Essays

Jacob Levy’s article works to explore different areas of cultural rights and the ways in which we may change the way we do things depending on the minority culture of the community. He breaks down cultural rights into different categories: exemptions, assistance, self-government, external and internal rules, recognition/enforcement, representation, and symbolic claims. He gives certain examples about each category, with instances such as having multilingual ballots to ease the voting process for minorities (assistance) or having proper representation in the legislature process. Rather than claiming a position on any argument regarding the cultural rights of a community, he writes just to categorize and discuss the different areas. I believe though that there are certain areas that can be more problematic than others. Areas such as assistance, representation or recognition would go without too much debate since most of the examples from these areas aren’t too complicated. They mostly aim at making the community more balanced and diverse.
The categories that may be problematic would be exemptions, self-government and external/internal rules. Exemptions may give the impression that a certain religion is being favored …show more content…

Volpp defines “cultural defense” as a legal strategy that defendants use in attempts to exercise criminal behavior. The problem with cultural defense is that it takes a single person’s behavior and applies it to a whole culture. One person does not define a community and can make an entire culture look bad. Volpp also believes that the cultural defense tactic should not be formalized among lawyers and the court as it is not accurate for explaining an individual’s reasoning for their actions. She also goes on to state the conception of cultural defense gives the immigrant defendant culture that the U.S. law does not, building an anthropologic relationship between the

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