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Cultural Encounters and Cultural Exemptions - Essay Example

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The concept of cultural exemption allows for a group that has an established culture to have an exemption from certain types of law due to pre-conditions that allow for established patterns of behavior to exempt them from those laws. In having this exemptions, a continuation of…
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t can then allow for a further examination of the how cultural exemption can be defined in terms of fitting into the liberal philosophical point of view. In searching for avenues of autonomy, the liberal philosophic can find a great example in the concept of cultural exemption. Cultural exemption allows a culture to continue traditions that might otherwise be considered illegal. One example of this can be found in the United States where Native American’s are allowed to use peyote and mescaline drugs because of their cultural traditions while other citizens would be arrested for this use.

As well, the Native American’s are allowed to kill eagles, a protected bird in the United States, and use the parts of the body for religious ceremonies (343). This type of exemption is noble in its preservation of a culture that is all but gone from the world. However, in terms of global engagements of enterprise between countries, the act of allowing a cultural exemption within a country may prevent other countries from interacting with them in trade when the exemption is too controversial (Crane, Kawashima, & Kawasaki 2002: 82).

a foundation of belief. According to Barry (1996), classical liberalism “begins with a ‘realistic’ view of man and his condition”(8). The foundation of the philosophy is that government should be limited and the freedoms of individuals should be widely available. Some of the other basic ideals are freedoms of religion, the press, speech, of assembly and for a free market (Sarder 1997: 74). However, liberalism also has a strong sense of the concept of autonomy. This concept is so important to the theory that a rejection of the idea of community accompanies this concept.

According to Sarder, the liberalist views the community as a place where too much sacrifice of individual freedom exists and that each individual should define their own sense of morality, not adhering to the overall values of a culturally connected society (74). However,

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