Cultural Expertise, Law, and Rights

Cultural Expertise, Law, and Rights
Author: Livia Holden
Publisher: Taylor & Francis
Total Pages: 379
Release: 2023-05-19
Genre: Law
ISBN: 1000884635

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Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, the Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences – especially law, anthropology, and sociology – and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law and other fields of law in which cultural arguments play a role. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Cultural Expertise

Cultural Expertise
Author: Livia Holden
Publisher:
Total Pages: 84
Release: 2020
Genre: Evidence, Expert
ISBN: 9783039280513

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Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.

Cultural Expertise and Litigation

Cultural Expertise and Litigation
Author: Livia Holden
Publisher: Routledge
Total Pages: 254
Release: 2011-05-30
Genre: Law
ISBN: 1136735224

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Cultural Expertise and Litigation addresses the issues surrounding the legal role of social scientists that provide evidence in cases related to minority groups and migration.

Cultural Expertise and Litigation

Cultural Expertise and Litigation
Author: Livia Holden
Publisher: Taylor & Francis
Total Pages: 272
Release: 2011-05-30
Genre: Law
ISBN: 1136735216

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Cultural Expertise and Litigation addresses the role of social scientists as a source of expert evidence, and is a product of their experiences and observations of cases involving litigants of South Asian origin. What is meant in court by "culture," "custom" and "law"? How are these concepts understood by witnesses, advocates, judges and litigants? How far are cross-cultural understandings facilitated - or obscured - in the process? What strategies are adopted? And which ones turn out to be successful in court? How is cultural understanding – and misunderstanding – produced in these circumstances? And how, moreover, do the decisions in these cases not only reflect, but impact, upon the law and the legal procedure? Cultural Expertise and Litigation addresses these questions, as it elicits the patterns, conflicts and narratives that characterize the legal role of social scientists in a variety of de facto plural settings – including immigration and asylum law, family law, citizenship law and criminal law.

Cultural Expertise

Cultural Expertise
Author: Livia Holden
Publisher: MDPI
Total Pages: 94
Release: 2020
Genre: Social Science
ISBN: 3039280503

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Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.

Cultural Expertise and Socio-Legal Studies

Cultural Expertise and Socio-Legal Studies
Author: Austin Sarat
Publisher: Emerald Group Publishing
Total Pages: 216
Release: 2019-02-28
Genre: Law
ISBN: 1787695174

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In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody, adoption, land rights, and asylum.

Cultural Rights in International Law and Discourse

Cultural Rights in International Law and Discourse
Author: Stephenson Chow
Publisher: BRILL
Total Pages: 302
Release: 2018-01-22
Genre: Law
ISBN: 9004328580

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Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.

Negotiating Cultural Rights

Negotiating Cultural Rights
Author: Lucky Belder
Publisher: Edward Elgar Publishing
Total Pages: 239
Release: 2017-10-27
Genre: Law
ISBN: 178643542X

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The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed provide a new universal standard on cultural rights with topics ranging from cultural diversity, cultural heritage, and the right to artistic freedom to the effects of today's intellectual property regimes. The international team of expert contributors to this book reflect upon the many aspects of cultural rights in the reports and present a discussion of how cultural rights support cultural diversity, foster intercultural dialogue, and contribute to inclusive social, economic and political development.

Intellectual Property, Traditional Knowledge and Cultural Property Protection

Intellectual Property, Traditional Knowledge and Cultural Property Protection
Author: Sharon B. Le Gall
Publisher:
Total Pages: 0
Release: 2014
Genre: Caribbean Area
ISBN: 9780415640428

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This book offers an original account of how contemporary intellectual property rights regimes could be adapted to suit traditional knowledge. It examines the ways in which international developments to protect collectively held knowledge typically associated with Indigenous Peoples could de developed to protect cultural signifiers which lies outside the scope of intellectual property protection. The book considers case studies such as the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón, a musical instrument, of Peru, and sets out how rights proposed for these cultural signifiers might be implemented both internationally and domestically.