‘Equality Before the Law’ in Polyethnic Societies: The Construction of Normative Criminal Law Standards
AbstractThe author argues that the full implications of cultural diversity for law and legal institutions in 'post-colonial' polyethnic countries such as Australia have not been adequately articulated or taken seriously within conventional legal discourse. This article approaches the task of finding the limits of multicultural law reform by looking to a wider range of philosophical and jurisprudential arguments for guidance. Part 2 of the article examines the manner in which the relationship between polyethnicity, cultural diversity and normative criminal law standards was approached by the Australian Lawn Reform Commission in its 1992 report on Multiculturalism and the Law. The author concludes that the full implications of multiculturalism for the legitimacy of criminal law values and standards will be facilitated by consideration of the agency of criminal justice decision-makers - including police officers, prosecutors, defence lawyers, magistrates, judges and juries. |