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Nonetheless the common law culture predominately consists of oral arguments where legal representors steer the case in search of justice and reinforcement of rights. The use of a Jury in the common law as a judge of fact is unique when compared to civil law systems.
Various sociologists and anthropologists have contrasted cultures of honour with cultures of law. A culture of law has a body of laws which all members of society must obey, with punishments for transgressors. This requires a society with the structures required to enact and enforce laws.
[citation needed] This type of culture also emphasizes individual conscience. [3] In a shame society (sometimes called an honor–shame culture), the means of control is the inculcation of shame and the complementary threat of ostracism. The shame–honor worldview seeks an "honor balance" and can lead to revenge dynamics.
The traditional culture of the Southern United States has been called a "culture of honor", that is, a culture where people avoid intentionally offending others, and maintain a reputation for not accepting improper conduct by others.
They argue that grievance-based conflicts have led to large-scale moral change in which an emergent victimhood culture is clashing with and replacing older honor and dignity cultures. [1] Honour cultures, often called honour-shame cultures, are cultures like that of the American West or Europe in the era when dueling was common. [4]
The argument over the "Spirit of the Law" vs. the "Letter of the Law" was part of early Jewish dialogue as well. [3] The Parable of the Good Samaritan (Luke 10:25–37) is one of the New Testament texts to address this theme. The passage concerns a dialogue between Jesus and an "expert in the law" or "lawyer".
The concept was later expanded to all manner of ritualised cultural life. Within the Confucian tradition, the purpose of ritual was to engage in a continuous process of applying appropriate behaviours, taking the correct frame of mind when doing so, as a way to shape one's thinking and reinforce moral character.
Southern chivalry, or the Cavalier myth, was a popular concept describing the aristocratic honor culture of the Southern United States during the Antebellum, Civil War, and early Postbellum eras. The archetype of a Southern gentleman became popular as a chivalric ideal of the slaveowning planter class , emphasizing both familial and personal ...