Dowód z kultury (cultural evidence)
Cultural evidence
Author(s): Anna KoropczukSubject(s): Criminal Law, Social Philosophy, Philosophy of Law, Philosophy of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: cultural evidence; cultural defence; judicial proceedings
Summary/Abstract: This article concisely presents the question of cultural evidence and the way it is conducted on the basis of judicial proceedings. It also highlights the distinction in the manner cultural evidence is considered on the basis of common and continental law. The author assumes that modern society is a multicultural society. It is a society in which role models and patterns of conduct are only created within the contact and conflict of different cultures. Solutions proposed in the article refer to the cases based on the cultural defense, where the culture is treated as a factor determining the actions of individuals. Cultural evidence has to be – in the authors’ opinion – a mean to demonstrate the clearance of the individual to take action subjected to the proceeding. Hence, the author outlines the procedure in case of the necessity of conducting such evidence.
Journal: Archiwum Filozofii Prawa i Filozofii Społecznej
- Issue Year: 9/2014
- Issue No: 2
- Page Range: 35-42
- Page Count: 7
- Language: Polish