Transcultural Courts

International Association of Procedural Law Annual Meeting (2024)

UC Law San Francisco Research Paper Forthcoming

11 Pages Posted: 7 Aug 2024

Date Written: July 11, 2024

Abstract

Although countries commonly divide their judicial systems along geographic and subject-matter divisions, the idea of creating specialized courts based on culture has not taken root. Instead, courts are generally transcultural. Functionally, the lack of culture-specific courts is surprising because cultural diversity within a population often creates legally significant distinctions. Focusing primarily on the U.S. judicial system, but incorporating attributes of other judicial systems where appropriate, this paper offers three explanations for why courts tend to eschew cultural specializations in favor of transculturality. It also hazards some opportunities for experimenting with cultural specializations in discrete areas of the law that most warrant them.

Keywords: transcultural, indigenous, multiculturalism

Suggested Citation

Dodson, Scott, Transcultural Courts
(July 11, 2024). International Association of Procedural Law Annual Meeting (2024)
, UC Law San Francisco Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4892400 or http://dx.doi.org/10.2139/ssrn.4892400

Scott Dodson (Contact Author)

UC Law, San Francisco ( email )

200 McAllister Street
San Francisco, CA 94102
United States
415-581-8959 (Phone)

HOME PAGE: http://www.uchastings.edu/faculty/dodson/index.php

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