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Cultural Expertise Law And Rights
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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.
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.
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.
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.
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.
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.
Book Synopsis Negotiating Cultural Rights by : Lucky Belder
Download or read book Negotiating Cultural Rights written by Lucky Belder and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Cultural Rights in International Law and Discourse by : Stephenson Chow
Download or read book Cultural Rights in International Law and Discourse written by Stephenson Chow and published by BRILL. This book was released on 2018-01-22 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.
Book Synopsis Intellectual Property, Traditional Knowledge and Cultural Property Protection by : Sharon B. Le Gall
Download or read book Intellectual Property, Traditional Knowledge and Cultural Property Protection written by Sharon B. Le Gall and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original account of how contemporary intellectual property rights regimes could be adapted to suit traditional knowledge. It examines the ways in which international developments to protect collectively held knowledge typically associated with Indigenous Peoples could de developed to protect cultural signifiers which lies outside the scope of intellectual property protection. The book considers case studies such as the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón, a musical instrument, of Peru, and sets out how rights proposed for these cultural signifiers might be implemented both internationally and domestically.
Book Synopsis Cultural Expertise and the Legal Professions by : Livia Holden
Download or read book Cultural Expertise and the Legal Professions written by Livia Holden and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cultural Human Rights by : Francesco Francioni
Download or read book Cultural Human Rights written by Francesco Francioni and published by BRILL. This book was released on 2008 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.
Book Synopsis Intercultural Spaces of Law by : Mario Ricca
Download or read book Intercultural Spaces of Law written by Mario Ricca and published by Springer Nature. This book was released on 2023-04-03 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes an interdisciplinary methodology for developing an intercultural use of law so as to include cultural differences and their protection within legal discourse; this is based on an analysis of the sensory grammar tacitly included in categorizations. This is achieved by combining the theoretical insights provided by legal theory, anthropology and semiotics with a reading of human rights as translational interfaces among the different cultural spaces in which people live. To support this use of human rights’ semantic and normative potential, a specific cultural-geographic view dubbed ‘legal chorology’ is employed. Its primary purpose is to show the extant continuity between categories and spaces of experience, and more specifically between legal meanings and the spatial dimensions of people’s lives. Through the lens of legal chorology and the intercultural, translational use of human rights, the book provides a methodology that shows how to make space and law reciprocally transformative so as to create an inclusive legal grammar that is equidistant from social cultural differences. The analysis includes: a critical view on opportunities for intercultural secularization; the possibility of construing a legal grammar of quotidian life that leads to an inclusive equidistance from differences rather than an unachievable neutrality or an all-encompassing universal legal ontology; an interdisciplinary methodology for legal intercultural translation; a chorological reading of the relationships between human rights protection and lived spaces; and an intercultural and geo-semiotic examination of a series of legal cases and current issues such as indigenous peoples’ rights and the international protection of sacred places.
Book Synopsis Cultural Rights in International Law by : Elsa Stamatopoulou
Download or read book Cultural Rights in International Law written by Elsa Stamatopoulou and published by BRILL. This book was released on 2007 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights, Culture, and the Rule of Law by : Jessica Almqvist
Download or read book Human Rights, Culture, and the Rule of Law written by Jessica Almqvist and published by . This book was released on 2005 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance."--Bloomsbury Publishing.
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 2010-11-01 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural law is a new and exciting field of study and practice. The core themes of linguistic and other cultural rights, cultural heritage, traditional crafts and knowledge, the performing arts, sports, and religion are of fundamental importance to people around the world, engaging them at the grass roots and often commanding their daily attention. The related legal processes are both significant and complex. This unique collection of materials and commentary on cultural law covers a broad range of themes. Opening chapters explore critical issues involving cultural activities, artifacts, and status as well as the fundamental concepts of culture and law. Subsequent chapters examine the dynamic interplay of law and culture with respect to each of the core themes. The materials demonstrate the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues. Throughout the book, these issues are presented at multiple levels of legal authority: international, national, and subnational.
Book Synopsis Cultural Resource Laws and Practice by : Thomas F. King
Download or read book Cultural Resource Laws and Practice written by Thomas F. King and published by Rowman Altamira. This book was released on 2004 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Heritage, Culture and Rights by : Andrea Durbach
Download or read book Heritage, Culture and Rights written by Andrea Durbach and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China's use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law. The manifestation of tensions between heritage and human rights are explored in this volume, in particular in relation to heritage and rights in collaboration and in conflict, and heritage as a tool for rights advocacy. This volume also explores these issues from a distinctively legal standpoint, considering the extent to which the legal tools of international human rights law facilitate or hinder heritage protection. Covering a range of issues across Africa, Asia, Europe, Latin America and Australia, this volume will be of interest to people working in human rights, heritage studies, cultural heritage management and identity politics around the world. 'This book fills an important gap in the literature on heritage and rights and, in particular, human rights law. With articles from leading experts addressing the legal human rights dimensions of cultural heritage protection, it makes a significant contribution to debates over issues such as 'Why should we safeguard heritage and for whom?' and 'What is the relationship between heritage safeguarding and protecting human rights?'. These are deep questions of profound significance to individuals, communities and even nations around the world and are of increasing urgency today. It critically analyses the relationship between heritage and human rights that can be potentially pernicious as well as mutually reinforcing, placing this analysis within the wider context and with a broad geographical scope with examinations of the heritage/rights relationship in Southeast Asia (Cambodia), China and sub-Saharan Africa.' Dr Janet Blake, Associate Professor in Law, Shahid Beheshti University, Tehran 'Traversing the destruction of mausoleums in Timbuktu to war crimes trial by the International Criminal Court, Heritage, Culture and Rights explores the crucial links between human rights and the protection of cultural heritage. The essays are accessible to all viewing the destruction of cultural heritage as a breach of human dignity and identity. Unputdownable.' Professor Gillian Triggs, President of the Australian Human Rights Commission 'This collection of essays by leading scholars, though primarily Australian in origin, is universal in orientation. Ranging from a broad survey of the applicable laws of armed conflict to a detailed consideration of urban design in Southeast Asia, the essays offer significant insights into the relationship between the protection and use of cultural heritage, on one hand, and fundamental human rights, on the other. Ultimately, the mutual reinforcement of the two disciplines of law prevails over carefully-acknowledged tensions between them. Readers at all levels of expertise will find the book of great interest.' Professor James Nafziger,Thomas B Stoel Professor of Law and Director of International Programs at the Willamette University College of Law
