The Implications of Memetics for the Cultural Defense

The cultural defense has been the subject of a great deal of recent scholarship. Much of this analysis has concerned the consequences of the cultural defense, both for defendants and victims. Scholars differ on what these unintended consequences may be, however, and identify effects ranging from encouraging American ideals to spreading racism, to legitimizing violence against women. Although seemingly contradictory, these analyses are warranted as they address a legal strategy that often draws from culturally specific norms concerning marriage and domestic relations. Because norms are central to every culture, use of the cultural defense potentially has a profound effect on many immigrant communities. Few commentators focus on the philosophical foundation of the cultural defense and whether it forms an adequate basis for excuse from punishment, however. Retribution often is a primary justifica-