Common Law and Un-common Sense

Ballard, Roger

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Abstract

This paper examines the practical and conceptual differences which arise when juries are invited to apply their common sense in assessing reasonable behaviour in the midst of an ethnically plural society. The author explores the conundrums which the increasing salience of ethnic pluralism has now begun to pose in legal terms, most especially with respect to organisation of system for the equitable administration and delivery of justice in the context of an increasingly heterogeneous society. The paper further analyses the challenges which ethnic pluralism offers to the administration of social policy in general. The author has acted as an expert witness in a wide variety of cases involving South Asian settlers in Britain.

Document type: Article
Date: 2000
Version: Secondary publication
Date Deposited: 24 February 2009
Faculties / Institutes: Organisations / Associations / Foundations > Centre for Applied South Asian Studies (CASAS)
DDC-classification: Law
Controlled Subjects: Großbritannien, Multikulturalismus, Rechtsprechung, Geschworener, Kulturkontakt
Uncontrolled Keywords: Südasiatische Migranten , Migration , Einwanderer, Great Britain , Multicultural Society , Immigrant , Law , Jury , Jurisprudence
Subject (classification): Law
Countries/Regions: other countries
Series: Subjects > CASAS Online Papers: Ethnic Plurality and Law
Volume: 12