Cultural Expertise And Litigation

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Cultural Expertise and Litigation

Author : Livia Holden
Publisher : Taylor & Francis
ISBN 13 : 1136735216
Total Pages : 272 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Cultural Expertise and Litigation by : Livia Holden

Download or read book Cultural Expertise and Litigation written by Livia Holden and published by Taylor & Francis. This book was released on 2011-05-30 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and Socio-Legal Studies

Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 1787695158
Total Pages : 216 pages
Book Rating : 4.7/5 (876 download)

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

Download or read book Cultural Expertise and Socio-Legal Studies written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2019-02-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Livia Holden
Publisher : MDPI
ISBN 13 : 3039280503
Total Pages : 94 pages
Book Rating : 4.0/5 (392 download)

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Book Synopsis Cultural Expertise by : Livia Holden

Download or read book Cultural Expertise written by Livia Holden and published by MDPI. This book was released on 2020 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Livia Holden
Publisher :
ISBN 13 : 9783039280513
Total Pages : 84 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Cultural Expertise by : Livia Holden

Download or read book Cultural Expertise written by Livia Holden and published by . This book was released on 2020 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, Law, and Rights

Author : Livia Holden
Publisher : Taylor & Francis
ISBN 13 : 1000884635
Total Pages : 379 pages
Book Rating : 4.0/5 (8 download)

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

Download or read book Cultural Expertise, Law, and Rights written by Livia Holden and published by Taylor & Francis. This book was released on 2023-05-19 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Studies in Law, Politics, and Society

Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 1789737273
Total Pages : 200 pages
Book Rating : 4.7/5 (897 download)

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Book Synopsis Studies in Law, Politics, and Society by : Austin Sarat

Download or read book Studies in Law, Politics, and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2019-06-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue of Studies in Law, Politics and Society contains two sections, focusing on the interaction between law and religion, together with the ways in which the law simultaneously enhances and inhibits projects of social change.

Cultural Expertise and Litigation

Author : Livia Holden
Publisher : Routledge
ISBN 13 : 1136735224
Total Pages : 254 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Cultural Expertise and Litigation by : Livia Holden

Download or read book Cultural Expertise and Litigation written by Livia Holden and published by Routledge. This book was released on 2011-05-30 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Socio-Legal Studies

Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 1787695174
Total Pages : 216 pages
Book Rating : 4.7/5 (876 download)

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

Circulating the Code

Author : Ting Zhang
Publisher : University of Washington Press
ISBN 13 : 029574717X
Total Pages : 265 pages
Book Rating : 4.2/5 (957 download)

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Book Synopsis Circulating the Code by : Ting Zhang

Download or read book Circulating the Code written by Ting Zhang and published by University of Washington Press. This book was released on 2020-04-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to longtime assumptions about the insular nature of imperial China’s legal system, Circulating the Code demonstrates that in the Qing dynasty (1644–1911) most legal books were commercially published and available to anyone who could afford to buy them. Publishers not only extended circulation of the dynastic code and other legal texts but also enhanced the judicial authority of case precedents and unofficial legal commentaries by making them more broadly available in convenient formats. As a result, the laws no longer represented privileged knowledge monopolized by the imperial state and elites. Trade in commercial legal imprints contributed to the formation of a new legal culture that included the free flow of accurate information, the rise of nonofficial legal experts, a large law-savvy population, and a high litigation rate. Comparing different official and commercial editions of the Qing Code, popular handbooks for amateur legal practitioners, and manuals for community legal lectures, Ting Zhang demonstrates how the dissemination of legal information transformed Chinese law, judicial authority, and popular legal consciousness.

Who Owns the Past?

Author : American Council for Cultural Policy
Publisher : Rutgers University Press
ISBN 13 : 9780813536873
Total Pages : 402 pages
Book Rating : 4.5/5 (368 download)

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Book Synopsis Who Owns the Past? by : American Council for Cultural Policy

Download or read book Who Owns the Past? written by American Council for Cultural Policy and published by Rutgers University Press. This book was released on 2005 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public and private institutions in the United States have long been home to a variety of art works, antiquities, and ethnological materials. For years, these collections have been seen as important archives that allow present and future generations to enjoy, appreciate, and value the art of all cultures. The past decade, however, has seen major changes in law and public policy and an active, ongoing debate over legal and ethical issues affecting the ownership of art and other cultural property. Contributors to Who Owns the Past? include legal scholars, museum professionals, anthropologists, archaeologists, and collectors. In clear, nontechnical language, they provide a comprehensive overview of the development of cultural property law and practices, as well as recent case law affecting the ability of museums and private collectors to own art from other countries. Topics covered include rights to property, ethical ownership, the public responsibilities of museums, threats to art from war, pillage, and development, and international cooperation to preserve collections in the developing world. Engaging all perspectives on this debate, Who Owns the Past? challenges all who care about the arts to work together toward policies that consider traditional American interests in securing cultural resources and respect international concerns over loss of heritage.

Research from Archival Case Records

Author : Philip C.C. Huang
Publisher : BRILL
ISBN 13 : 9004271899
Total Pages : 586 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Research from Archival Case Records by : Philip C.C. Huang

Download or read book Research from Archival Case Records written by Philip C.C. Huang and published by BRILL. This book was released on 2014-04-30 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal history studies have often focused mainly on codified law, without attention to actual practice, and on the past, without relating it to the present. As the title—Research from Archival Case Records: Law, Society, and Culture in China—of this book suggests, the authors deliberately follow the research method of starting from court actions and only on that basis engage in discussions of laws and legal concepts and theory. The articles cover a range of topics and source materials, both past and present. They provide some surprising findings—about disjunctures between code and practice, adjustments between them, and how those reveal operative principles and logics different from what the legal texts alone might suggest. Contributors are: Kathryn Bernhardt, Danny Hsu, Philip C. C. Huang, Christopher Isett, Yasuhiko Karasawa, Margaret Kuo, Huaiyin Li, Jennifer M. Neighbors, Bradly W. Reed, Matthew H. Sommer, Huey Bin Teng, Lisa Tran, Elizabeth VanderVen, and Chenjun You.

Cultural Law

Author : James A. R. Nafziger
Publisher : Cambridge University Press
ISBN 13 : 0521865506
Total Pages : 1041 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Cultural Law by : James A. R. Nafziger

Download or read book Cultural Law written by James A. R. Nafziger and published by Cambridge University Press. This book was released on 2010-11 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.

The Cultural Defense

Author : Alison Dundes Renteln
Publisher : Oxford University Press, USA
ISBN 13 : 9780195154030
Total Pages : 422 pages
Book Rating : 4.1/5 (54 download)

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Book Synopsis The Cultural Defense by : Alison Dundes Renteln

Download or read book The Cultural Defense written by Alison Dundes Renteln and published by Oxford University Press, USA. This book was released on 2005 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Thinking with Cases

Author : Charlotte Furth
Publisher : University of Hawaii Press
ISBN 13 : 0824865189
Total Pages : 346 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Thinking with Cases by : Charlotte Furth

Download or read book Thinking with Cases written by Charlotte Furth and published by University of Hawaii Press. This book was released on 2007-02-28 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Case studies fascinate because they link individual instances to general patterns and knowledge to action without denying the priority of individual situations over the generalizations derived from them. In this volume, an international group of senior scholars comes together to consider the use of cases to produce empirical knowledge in premodern China. They trace the process by which the project of thinking with cases acquired a systematic and public character in the ninth century CE and after. Premodern Chinese experts on medicine and law circulated printed case collections to demonstrate efficacy or claim validity for their judgments. They were joined by authors of religious and philosophical texts. The rhetorical strategies and forms of argument used by all of these writers were allied with historical narratives, exemplary biographies, and case examples composed as aids to imperial statecraft. The innovative and productive explorations gathered here present a coherent set of interlocking arguments that will be of interest to comparativists as well as specialists on premodern East Asia. For China scholars, they examine the interaction of different fields of learning in the late imperial period, the relationship of evidential reasoning and literary forms, and the philosophical frameworks that linked knowledge to experience and action. For comparativists, the essays bring China into a global conversation about the methodologies of the human sciences. Contributors: Chu Honglam, Charlotte Furth, Hsiung Ping-chen, Jiang Yonglin, Yasuhiko Karasawa, Robert Sharf, Pierre-Étienne Will, WuYanhong, Judith T. Zeitlin.

The Death of Expertise

Author : Tom Nichols
Publisher : Oxford University Press
ISBN 13 : 0197763839
Total Pages : 337 pages
Book Rating : 4.1/5 (977 download)

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Book Synopsis The Death of Expertise by : Tom Nichols

Download or read book The Death of Expertise written by Tom Nichols and published by Oxford University Press. This book was released on 2024 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the early 1990s, a small group of "AIDS denialists," including a University of California professor named Peter Duesberg, argued against virtually the entire medical establishment's consensus that the human immunodeficiency virus (HIV) was the cause of Acquired Immune Deficiency Syndrome. Science thrives on such counterintuitive challenges, but there was no evidence for Duesberg's beliefs, which turned out to be baseless. Once researchers found HIV, doctors and public health officials were able to save countless lives through measures aimed at preventing its transmission"--

The Oxford Handbook of Law and Anthropology

Author : Marie-Claire Foblets
Publisher : Oxford University Press
ISBN 13 : 0192577018
Total Pages : 993 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Law and Anthropology by : Marie-Claire Foblets

Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022-04-01 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.