Cultural Expertise, Law, and Rights

Cultural Expertise, Law, and Rights

Author: Livia Holden

Publisher: Taylor & Francis

Published: 2023-05-19

Total Pages: 379

ISBN-13: 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 and Socio-Legal Studies

Cultural Expertise and Socio-Legal Studies

Author: Austin Sarat

Publisher: Emerald Group Publishing

Published: 2019-02-28

Total Pages: 215

ISBN-13: 1787695158

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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 Expertise

Cultural Expertise

Author: Livia Holden

Publisher: MDPI

Published: 2020

Total Pages: 94

ISBN-13: 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 Litigation

Cultural Expertise and Litigation

Author: Livia Holden

Publisher: Routledge

Published: 2011-05-30

Total Pages: 254

ISBN-13: 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 Law

Cultural Law

Author: James A. R. Nafziger

Publisher: Cambridge University Press

Published: 2010-11

Total Pages: 1041

ISBN-13: 0521865506

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A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.


Negotiating Cultural Rights

Negotiating Cultural Rights

Author: Lucky Belder

Publisher: Edward Elgar Publishing

Published: 2017-10-27

Total Pages: 239

ISBN-13: 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.


Cultural Rights in International Law

Cultural Rights in International Law

Author: Elsa Stamatopoulou

Publisher: BRILL

Published: 2007

Total Pages: 353

ISBN-13: 9004157522

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Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.


Cultural Resource Laws and Practice

Cultural Resource Laws and Practice

Author: Thomas F. King

Publisher: Rowman Altamira

Published: 2004

Total Pages: 436

ISBN-13: 9780759104747

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Renowned cultural resource management consultant Thomas F. King demystifies this web of regulations surrounding this field, providing frank, practical advice on how to ensure regulatory compliance in dealing with archaeological sites, historic buildings, urban districts, sacred sites and objects, shipwrecks, and archives. In this new edition, King reports on changes in cultural resource laws, regulations, and executive orders in the past five years and adds material on Section 106 review, NEPA, and the 'Preserve America' executive order.


Cultural Expertise and Socio-Legal Studies

Cultural Expertise and Socio-Legal Studies

Author: Austin Sarat

Publisher: Emerald Group Publishing

Published: 2019-02-28

Total Pages: 219

ISBN-13: 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.


Research Handbook on Contemporary Intangible Cultural Heritage

Research Handbook on Contemporary Intangible Cultural Heritage

Author: Charlotte Waelde

Publisher: Edward Elgar Publishing

Published: 2018-09-28

Total Pages: 449

ISBN-13: 1786434016

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Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH). Providing a detailed analysis of the international legal frameworks relevant to ICH, the contributing authors then go on to challenge the pervasive view that heritage is about ‘old’ tangible objects by highlighting the existence, role and importance of contemporary forms of ICH to modern society.