Ignoring the Law in the Name of Honor

Abstract

Can people ignore the law in the name of honor? About five thousand women are murdered by their families each year in the name of family honor. These crimes are committed in both advanced western countries and countries of origin. It is difficult to get precise numbers of “honor killings,” since most cases are not reported. When a woman is murdered in the name of family honor in the country of origin, it is justified by law, since the concept of family honor justifies the killing of women in these societies. The perpetrators of such killings in these societies are considered heroes of their culture. In these societies, the concept of woman as a vessel of the family reputation is prevalent, and this concept is completed and accompanied by the concept of honor killings. Honor killings are not the only offenses committed against women in the name of culture. When the perpetrators are charged in court, they frequently claim the “ignorance of law” defense, since they have been behaving that way for generations, and why would the legal situation be different in their new homeland. In most cases, this claim is rejected, but it is used to mitigate punishments down to ridiculous sentences. Most western countries share this problem. This article argues that the mistake of law defense is irrelevant in relation to culture-based crimes against women. It is further argued that committing an offense on the grounds of preserving a culture in and of itself justifies harsher sentencing.