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

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

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, 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.

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

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 and the Legal Professions

Author : Livia Holden
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (133 download)

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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:

Handbook on Legal Cultures

Author : Sören Koch
Publisher : Springer Nature
ISBN 13 : 3031277457
Total Pages : 1171 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis Handbook on Legal Cultures by : Sören Koch

Download or read book Handbook on Legal Cultures written by Sören Koch and published by Springer Nature. This book was released on 2023-05-30 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.

Special Issue

Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 1787437647
Total Pages : 197 pages
Book Rating : 4.7/5 (874 download)

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Book Synopsis Special Issue by : Austin Sarat

Download or read book Special Issue written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2018-01-29 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this latest edition of this highly successful research series, chapters explore expert witnessing in asylum cases. Topics include: judicial ethnocentrism, political asylum, race identity and cultural defense.

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.

The Cultural Defense

Author : Alison Dundes Renteln
Publisher :
ISBN 13 : 0195154037
Total Pages : 415 pages
Book Rating : 4.1/5 (951 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 . This book was released on 2005 with total page 415 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.

When Law and Medicine Meet: A Cultural View

Author : Lola Romanucci-Ross
Publisher : Springer
ISBN 13 : 1402027575
Total Pages : 193 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis When Law and Medicine Meet: A Cultural View by : Lola Romanucci-Ross

Download or read book When Law and Medicine Meet: A Cultural View written by Lola Romanucci-Ross and published by Springer. This book was released on 2007-11-10 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when two systems, law and medicine, are joined in the arena of the court? This work deals with the structure and the premises of two diverse discourse models; the approach is anthropological. Several chapters are preponderantly based on legal research, addressing cases requiring testimony by expert witnesses on recent technologies used in the laboratories of medical scientists. Descriptions of other societies and cultures consider the identical problems of rights, privileges, and duties, and provide perspectives to cultural self-knowledge. This volume can be used as a text for courses taught in medical schools and law schools. It will be of particular interest to students taking courses in health science, public health, medical anthropology, forensic anthropology, psychology, sociology, public justice, behavioral sciences, forensic psychiatry, legal anthropology, social welfare, as well as courses on research models.

Comparing Legal Cultures

Author : Sören Koch
Publisher :
ISBN 13 : 9788245033946
Total Pages : 804 pages
Book Rating : 4.0/5 (339 download)

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Book Synopsis Comparing Legal Cultures by : Sören Koch

Download or read book Comparing Legal Cultures written by Sören Koch and published by . This book was released on 2020-08-10 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the present era of internationalisation of law, being able to analyse legal culture enables legal cooperation. However, legal culture is still more a theoretical concept than an analytical tool applied when approaching law. There are many kinds of legal cultures, concerning different groups of legal actors or covering different geographical areas, and they are at times overlapping. However, the national legal culture is still the one that has the largest influence on the everyday life of citizens and the day-to-day work of lawyers. In this book, the editors first theorize on and give practical guidance on how to identify, deconstruct and examine legal culture. Based on a common analytical framework, the editors and a large number of expert contributors explore central institutional and intellectual features of legal culture in 12 European countries next to USA, China and Australia allowing the reader to systematically compare legal cultures.This is the second and extended version of Comparing Legal Cultures, which is the first thorough and extensive book that analyses national legal cultures as an approach to comparative law.

Cultural Law

Author : James A. R. Nafziger
Publisher : Cambridge University Press
ISBN 13 : 1139489321
Total Pages : 1041 pages
Book Rating : 4.1/5 (394 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 2010-11-01 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.

Anthropological Expertise and Legal Practice

Author : Marie-Claire Foblets
Publisher : Taylor & Francis
ISBN 13 : 1040031714
Total Pages : 263 pages
Book Rating : 4.0/5 (4 download)

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

Download or read book Anthropological Expertise and Legal Practice written by Marie-Claire Foblets and published by Taylor & Francis. This book was released on 2024-06-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Exploring Law and Culture

Author : Dorothy H. Bracey
Publisher : Waveland Press
ISBN 13 : 1478636475
Total Pages : 129 pages
Book Rating : 4.4/5 (786 download)

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Book Synopsis Exploring Law and Culture by : Dorothy H. Bracey

Download or read book Exploring Law and Culture written by Dorothy H. Bracey and published by Waveland Press. This book was released on 2005-11-14 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evocative and stimulating, engaging and timely, this small volume makes sense of the complicated and reciprocal relationship between law and culture. It starts with various definitions of law and the factors that anthropologists consider when they compare legal systems. Next, the experiences of exemplary researchers throughout history and some of the methods they used in their discoveries are discussed. Readers learn how to employ the comparative method and build a typology based on the source of a particular law by putting the world’s legal system into one of three categories: Western law, religious law, and traditional law. The book also tackles important issues such as formal law versus informal law, using law to legitimize power, and clashing values within a single legal system. Examples from fieldwork experiences and historical events offer readers a chance to see how a method has been applied or a concept developed—as well as how law and culture are intertwined in the real world.

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.

Law, Knowledge, Culture

Author : Jane E. Anderson
Publisher : Edward Elgar Publishing
ISBN 13 : 1848447191
Total Pages : 269 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Law, Knowledge, Culture by : Jane E. Anderson

Download or read book Law, Knowledge, Culture written by Jane E. Anderson and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining unique practical experience with a sophisticated historical and theoretical framework, this impressive work offers a new basis to explore indigenous intellectual property. In this wide-ranging and imaginative study, Anderson has laid the groundwork for future scholarship in the field. Hopefully this work will set a new trajectory for how this important topic is approached and advanced with indigenous people. Brad Sherman, University of Queensland, Australia This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions. Drawing upon critical cultural and legal theory, Jane Anderson illustrates how the problems facing the inclusion of indigenous knowledge resonate with tensions that characterise intellectual property as a whole. She explores the extent that the emergence of indigenous interests in intellectual property law is a product of shifting politics within law, changing political environments, governmental intervention through strategic reports and innovative instances of individual agency. The author draws on long-term practical experience of working with indigenous people and communities whilst engaging with ongoing debates in the realm of legal theory. Detailing a comprehensive view on how indigenous knowledge has emerged as a discrete category within intellectual property law, this book will benefit researchers, academics and students dealing with law in the fields of IP, human rights, property and environmental law. It will also appeal to anthropologists, sociologists, philosophers and cultural theorists.