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This special issue of Studies in Law, Politics, and Society aims to foster a dialogue that is inclusive, constructive, and innovative in order to lay the basis for evaluating the usefulness and impact of cultural expertise in modern litigation. It investigates the scope of cultural expertise as a new socio-legal concept that broadly concerns the use of social sciences in connection with rights and the solution of conflicts. While the definition of cultural expertise is new, the conflicts it applies to are not, and these range from criminal law to civil law, including international human rights. 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. The authors debate on a variety of themes, such as legal pluralism, ethnicity, causal determinism, reification of culture, and the “culturalization” of defendants. The volume concludes with an overview of the ethical implications of the definition of cultural expertise and suggestions for a way forward.
Sociology of law --- Culture and law. --- Law, Criminal Law --- Law & society. --- Law and culture --- Law --- General.
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Law and literature --- Law --- Culture and law --- Culture and law. --- Law and literature. --- Interpretation and construction --- Interpretation and construction. --- General and Others --- Law and culture --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Literature and law --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Construction --- Jurisprudence --- Legislation --- Literature --- Judicial discretion --- Judicial process --- Legal certainty
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Law --- Sociological jurisprudence --- Culture and law --- Law reviews --- Revues de droit --- Droit --- Sociologie juridique --- Culture et droit --- Culture and law. --- Law. --- Law reviews. --- Sociological jurisprudence. --- Political aspects --- Economic aspects --- Aspect économique --- Aspect politique --- Economic aspects. --- Political aspects. --- Illinois. --- Reviews, Law --- Law and politics --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Law and culture --- Regions --- Estado de Illinois --- ʻIlinoe --- Ilinoi --- Ilinoĭs --- Ilinojso --- Ilīnūy --- Illinoi --- Illinoi-ju --- Illinoiju --- Illinois suyu --- Illinoys --- Illīnūy --- Politeia tou Ilinoi --- Shtat Ilinoĭs --- State of Illinois --- Tó Nitsaa Nílį́bąąh Hahoodzo --- Yî-li-n
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Droit et Cultures est une revue interdisciplinaire dont la réflexion est centrée sur les phénomènes juridiques. L’idée de droit, des droits, du droit n’a de sens qu’en référence à un système de valeurs, de normes et de cultures qui révèlent des formes dynamiques d’agencement social ou sociétal. Les cultures, les organisations sociales et politiques, les ordonnancements juridiques, dans leur diversité, invitent à repenser les modèles, catégories et classifications. Le défi de Droit et Cultures est de s’affranchir de la réduction du phénomène juridique à une version unique et de promouvoir une lecture plurielle des faits culturels ; il implique d’appréhender les représentations, les discours et les pratiques des acteurs. Droit et Cultures accueille ainsi toute réflexion relative à ces processus
Comparative law --- Ethnological jurisprudence --- Anthropologie --- Droit comparé --- Ethnologie juridique --- Comparative law. --- Ethnological jurisprudence. --- sociology of law --- Culture and law --- Droit comparé --- Culture et droit --- Periodicals. --- Periodicals --- Périodiques --- DOAJ-E EJDROIT EJSOCIA EPUB-ALPHA-D EPUB-PER-FT REVORG-E --- 86.00 law: general. --- world. --- law. --- customary law. --- anthropology. --- Jurisprudence, Ethnological --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law --- General and Others --- #RBIB:TSCAT --- Anthropology --- Anthropology. --- Human beings --- Primitive societies --- Droit
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What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ test? Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the measuring, Hayman traces numerous campaigns to classify human intelligence. His tour takes us through the early craniometric movement, eugenics, the development of the IQ, Spearman's "general" intelligence, and more recent works claiming a genetic basis for intelligence differences. What Hayman uncovers is the maddening irony of intelligence: that "scientific" efforts to reduce intelligence to a single, ordinal quantity have persisted--and at times captured our cultural imagination--not because of their scientific legitimacy, but because of their longstanding political appeal. The belief in a natural intellectual order was pervasive in "scientific" and "political" thought both at the founding of the Republic and throughout its nineteenth-century Reconstruction. And while we are today formally committed to the notion of equality under the law, our culture retains its central belief in the natural inequality of its members. Consequently, Hayman argues, the promise of a genuine equality can be realized only when the mythology of "intelligence" is debunked--only, that is, when we recognize the decisive role of culture in defining intelligence and creating intelligence differences. Only culture can give meaning to the statement that one person-- or one group--is smarter than another. And only culture can provide our motivation for saying it. With a keen wit and a sharp eye, Hayman highlights the inescapable contradictions that arise in a society committed both to liberty and to equality and traces how the resulting tensions manifest themselves in the ways we conceive of identity, community, and merit.
Mental health laws --- Intelligence quotient --- IQ (Intelligence quotient) --- Equal protection of the law --- Intelligence levels. --- Culture and law. --- Equality before the law --- People with mental disabilities --- Civil rights --- Educational psychology --- Law and culture --- Law --- Intellectually disabled persons --- Mental disabilities, People with --- Mentally deficient persons --- Mentally disabled persons --- Mentally disordered persons --- Mentally handicapped --- Mentally retarded persons --- People with intellectual disabilities --- Retarded persons --- People with disabilities --- Intellectual disability --- Mentally ill
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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, 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"--
Law and anthropology. --- Forensic anthropology. --- Culture and law. --- Multiculturalism --- Ethnological jurisprudence. --- Customary law --- Minorities --- Legal polycentricity --- Evidence, Expert. --- Law and legislation. --- Social aspects. --- Legal status, laws, etc. --- Expert evidence --- Expert testimony --- Expert witness --- Expert witnesses --- Opinion evidence --- Scientific evidence (Law) --- Evidence (Law) --- Witnesses --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws --- Minority rights --- Customs (Law) --- Folk law --- Law, Primitive --- Traditional law --- Usage and custom (Law) --- Social norms --- Common law --- Time immemorial (Law) --- Social legislation --- Jurisprudence, Ethnological --- Comparative law --- Law and culture --- Anthropology, Forensic --- Medicolegal anthropology --- Forensic sciences --- Anthropology --- Anthropology and law --- Ethnological jurisprudence
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