Cultural Expertise, Law, and Rights

Cultural Expertise, Law, and Rights
Author :
Publisher : Taylor & Francis
Total Pages : 379
Release :
ISBN-10 : 9781000884630
ISBN-13 : 1000884635
Rating : 4/5 (30 Downloads)

Synopsis Cultural Expertise, Law, and Rights by : Livia Holden

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 :
Publisher : Emerald Group Publishing
Total Pages : 215
Release :
ISBN-10 : 9781787695153
ISBN-13 : 1787695158
Rating : 4/5 (53 Downloads)

Synopsis Cultural Expertise and Socio-Legal Studies by : Austin Sarat

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 :
Publisher : MDPI
Total Pages : 94
Release :
ISBN-10 : 9783039280506
ISBN-13 : 3039280503
Rating : 4/5 (06 Downloads)

Synopsis Cultural Expertise by : Livia Holden

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 :
Publisher : Routledge
Total Pages : 254
Release :
ISBN-10 : 9781136735226
ISBN-13 : 1136735224
Rating : 4/5 (26 Downloads)

Synopsis Cultural Expertise and Litigation by : Livia Holden

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 :
Publisher : Cambridge University Press
Total Pages : 1041
Release :
ISBN-10 : 9780521865500
ISBN-13 : 0521865506
Rating : 4/5 (00 Downloads)

Synopsis Cultural Law by : James A. R. Nafziger

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

Cultural Rights in International Law

Cultural Rights in International Law
Author :
Publisher : BRILL
Total Pages : 353
Release :
ISBN-10 : 9789004157521
ISBN-13 : 9004157522
Rating : 4/5 (21 Downloads)

Synopsis Cultural Rights in International Law by : Elsa Stamatopoulou

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 :
Publisher : Rowman Altamira
Total Pages : 436
Release :
ISBN-10 : 0759104743
ISBN-13 : 9780759104747
Rating : 4/5 (43 Downloads)

Synopsis Cultural Resource Laws and Practice by : Thomas F. King

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.

Negotiating Cultural Rights

Negotiating Cultural Rights
Author :
Publisher : Edward Elgar Publishing
Total Pages : 239
Release :
ISBN-10 : 9781786435422
ISBN-13 : 178643542X
Rating : 4/5 (22 Downloads)

Synopsis Negotiating Cultural Rights by : Lucky Belder

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 Expertise and Socio-Legal Studies

Cultural Expertise and Socio-Legal Studies
Author :
Publisher : Emerald Group Publishing
Total Pages : 219
Release :
ISBN-10 : 9781787695177
ISBN-13 : 1787695174
Rating : 4/5 (77 Downloads)

Synopsis Cultural Expertise and Socio-Legal Studies by : Austin Sarat

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.

Anthropological Expertise and Legal Practice

Anthropological Expertise and Legal Practice
Author :
Publisher : Taylor & Francis
Total Pages : 263
Release :
ISBN-10 : 9781040031711
ISBN-13 : 1040031714
Rating : 4/5 (11 Downloads)

Synopsis Anthropological Expertise and Legal Practice by : Marie-Claire Foblets

This book draws on concrete cases of collaboration between anthropologists and legal practitioners to critically assess the use of anthropological expertise in a variety of legal contexts from the point of view of the anthropologist as well as of the decision-maker or legal practitioner. The contributions, several of which are co-authored by anthropologist–legal practitioner tandems, deal with the roles of and relationships between anthropologists and legal professionals, which are often collaborative, interdisciplinary, and complementary. Such interactions go far beyond courts and litigation into areas of law that might be called ‘social justice activism’. They also entail close collaboration with the people –often subjects of violence and dispossession –with whom the anthropologists and legal practitioners are working. The aim of this collection is to draw on past experiences to come up with practical methodological suggestions for facilitating this interaction and collaboration and for enhancing the efficacy of the use of anthropological expertise in legal contexts. Explicitly designed to bridge the gap between theory and practice, and between scholarship and practical application, the book will appeal to scholars and researchers engaged in anthropology, legal anthropology, socio-legal studies, and asylum and migration law. It will also be of interest to legal practitioners and applied social scientists, who can glean valuable lessons regarding the challenges and rewards of genuine collaboration between legal practitioners and social scientists.