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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.
law and culture --- human rights --- socio-legal studies --- court cases --- multiculturalism --- National Strategy --- judiciary --- Sweden --- indigenous rights --- Roma --- peyote --- FGM/C --- strategic litigation --- legal anthropology --- cultural test --- cross-cultural dispute resolution --- cultural rights --- cultural experts --- immigrants --- psychiatric evaluation --- controlled substances --- applied anthropology --- law and society --- multicultural societies --- Sami --- First Nations --- expert testimony --- cultural defense --- Italian criminal justice system --- culture --- migration --- criminal anthropology --- Italy --- Bondo --- anthropology of law --- cultural expertise --- entheogens --- experts
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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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Forensic anthropology. --- Forensic sociology. --- Evidence, Expert. --- Asylum, Right of.
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