Cultural Expertise and Socio-Legal Studies

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Author :
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

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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

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Author :
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 Litigation

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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.

Exploring the 'Socio' of Socio-Legal Studies

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Author :
Publisher : Springer
ISBN 13 : 113731463X
Total Pages : 307 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Exploring the 'Socio' of Socio-Legal Studies by : Dermot Feenan

Download or read book Exploring the 'Socio' of Socio-Legal Studies written by Dermot Feenan and published by Springer. This book was released on 2017-03-01 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this insightful collection, a broad range of scholars analyzes a core issue for socio-legal studies, what is understood by the 'socio' of the 'socio-legal'. Drawing from legal theory, cultural studies, and social policy, the collection's wide scope of themes and topics provides an important stock-take and analysis of the socio-legal field.

Exploring The?Socio? of Socio-Legal Studies

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Author :
Publisher :
ISBN 13 : 9781349884278
Total Pages : pages
Book Rating : 4.8/5 (842 download)

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Book Synopsis Exploring The?Socio? of Socio-Legal Studies by : Dermot Feenan

Download or read book Exploring The?Socio? of Socio-Legal Studies written by Dermot Feenan and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this insightful and engaging collection, a broad range of scholars analyses a core issue for socio-legal studies? what is understood by the 'socio' of the socio-legal? Ranging from critical theoretical to conceptual and methodological perspectives, the essays provide an important stock-take and examination of the socio-legal field, offering key insights for legal studies generally and other fields more broadly where the 'socio' is found. The collection draws from a diversity of fields, including legal theory, cultural studies and social policy. Moving from a broad analysis of the concept of the 'socio', the book proceeds through historical and theoretical analyses, addresses the role of place and practice in the constitution of the social, before finally examining, through a series of case studies, specific themes such as gender, sexuality and race. Including both European and American authors, and representing vastly different research traditions, the collection's wide range of themes and topics provides a distinctive and important contribution to socio-legal studies.

Between Law and Culture

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Author :
Publisher : U of Minnesota Press
ISBN 13 : 9780816633814
Total Pages : 372 pages
Book Rating : 4.6/5 (338 download)

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Book Synopsis Between Law and Culture by : Lisa C. Bower

Download or read book Between Law and Culture written by Lisa C. Bower and published by U of Minnesota Press. This book was released on 2001 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens to legal thought when key terms-society, culture, power, justice, identity-become unsettled? With the boundaries defining sociolegal scholarship undergoing a profound shift, this book explores the intersections of law, culture, and identity. Sexuality, race, sports, and the politics of policing are among the topics the authors take up as they examine how law both reproduces and challenges fundamental notions of order, discipline, and identity. Contributors: Rosemary J. Coombe, U of Toronto; David M. Engel, SUNY, Buffalo; Marjorie Garber, Harvard U; Herman Gray, UC, Santa Cruz; Rona Tamiko Halualani, San Jos State U; David Harvey, CUNY; Deb Henderson; Yuen J. Huo, UCLA; S. Lily Mendoza, U of Denver; Trish Oberweis, American Justice Institute; Paul A. Passavant, Hobart and William Smith Colleges; Lisa E. Sanchez, U of Illinois; Carl F. Stychin, U of Reading; Tom R. Tyler, New York U; Christine A. Yalda.

Routledge Handbook of Socio-Legal Theory and Methods

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Author :
Publisher : Routledge
ISBN 13 : 0429489749
Total Pages : 566 pages
Book Rating : 4.4/5 (294 download)

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Book Synopsis Routledge Handbook of Socio-Legal Theory and Methods by : Naomi Creutzfeldt

Download or read book Routledge Handbook of Socio-Legal Theory and Methods written by Naomi Creutzfeldt and published by Routledge. This book was released on 2019-08-13 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Justice and Power in Sociolegal Studies

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Publisher : Northwestern University Press
ISBN 13 : 9780810114333
Total Pages : 390 pages
Book Rating : 4.1/5 (143 download)

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Book Synopsis Justice and Power in Sociolegal Studies by : Bryant G. Garth

Download or read book Justice and Power in Sociolegal Studies written by Bryant G. Garth and published by Northwestern University Press. This book was released on 1998 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability.

Anthropological Expertise and Legal Practice

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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.

Integrating Socio-Legal Studies into the Law Curriculum

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Author :
Publisher : Springer
ISBN 13 : 1137016035
Total Pages : 209 pages
Book Rating : 4.1/5 (37 download)

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Book Synopsis Integrating Socio-Legal Studies into the Law Curriculum by : Caroline Hunter

Download or read book Integrating Socio-Legal Studies into the Law Curriculum written by Caroline Hunter and published by Springer. This book was released on 2017-02-28 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important collection examining how socio-legal studies and empirical legal research can be integrated into the law curriculum, looking at both core qualifying subjects and stand-alone socio-legal modules, and considering theoretical and methodological approaches combined with practical examples.

Law and Ethnic Plurality

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Publisher : BRILL
ISBN 13 : 9047422015
Total Pages : 249 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Law and Ethnic Plurality by : Prakash Shah

Download or read book Law and Ethnic Plurality written by Prakash Shah and published by BRILL. This book was released on 2007-10-15 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The large-scale establishment of ethnic minorities and diasporic communities in Europe has gained the attention of social science scholars for a number of decades now. However, legal interest in this field has remained relatively underdeveloped, and few scholars have addressed emerging legal issues to any significant degree. This collection of contributions by leading writers in the field of ethnic migration and diaspora studies therefore provides some important interdisciplinary perspectives of how ethnic/diasporic minorities in British and European contexts interact with the official legal system. This volume makes a significant contribution in assessing the role of law in current debates on the integration of ethnic and religious minorities of migrant origin in the EU. The chapters derive from papers first delivered at a lecture series on ‘Cultural Diversity and Law’ at the Institute of Advanced Legal Studies. The contributors’ disciplinary interests range across law, anthropology, sociology, geography and political theory, and each one addresses the issues within his or her field of study by adopting approaches that place law within its wider social and political context. The topics covered range from a number of ‘public’ and ‘private’ law issues as well as the more conceptual realms of jurisprudence. They include marriage laws, approaches to dispute resolution, the role of courts and juries in the criminal justice system, drugs policies and the criminalisation of minorities, free speech and blasphemy, planning laws and the construction of religious buildings, composition of the judiciary, the normative foundations of cultural diversity in law, and integration and law. The compilation should therefore attract an interest beyond its core readership in law, making legal issues accessible to a whole range of students and policy makers within the social sciences.

Research Handbook on Socio-Legal Studies of Medicine and Health

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786437988
Total Pages : 480 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Socio-Legal Studies of Medicine and Health by : Marie-Andrée Jacob

Download or read book Research Handbook on Socio-Legal Studies of Medicine and Health written by Marie-Andrée Jacob and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health – a major challenge of our time.

Cultural Legal Studies

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Publisher : Routledge
ISBN 13 : 9780815382201
Total Pages : 304 pages
Book Rating : 4.3/5 (822 download)

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Book Synopsis Cultural Legal Studies by : Cassandra Sharp

Download or read book Cultural Legal Studies written by Cassandra Sharp and published by Routledge. This book was released on 2017-11-17 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can law�s popular cultures do for law, as a constitutive and interrogative critical practice?� This collection explores such a question through the lens of the �cultural legal studies� movement, which proffers a new encounter with the �cultural turn� in law and legal theory.� Moving beyond the �law ands� (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies � storytelling, technology and jurisprudence � the collection showcases the intersectional practices of cultural legal studies, and law in its popular cultural mode. The contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to thread together its overarching theme: that we must take seriously an interrogation of law as culture and in its cultural form. That is, it does not ask how a text �represents� law; but rather how the representational nature of both law and culture intersect so that the �juridical� become visible in various cultural manifestations. In short, it asks: how law�s popular cultures actively effect the metamorphosis of law.

The Judgment of Culture

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Publisher : Routledge
ISBN 13 : 131529897X
Total Pages : 254 pages
Book Rating : 4.3/5 (152 download)

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Book Synopsis The Judgment of Culture by : Lawrence Rosen

Download or read book The Judgment of Culture written by Lawrence Rosen and published by Routledge. This book was released on 2017-08-09 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal systems do not operate in isolation but in complex cultural contexts. This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships, and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision, and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice. The Judgement of Culture will make informative reading for students and scholars of anthropology, law, and related subjects across the social sciences.

Intersections of Law and Culture

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Publisher :
ISBN 13 : 9781349882427
Total Pages : pages
Book Rating : 4.8/5 (824 download)

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Book Synopsis Intersections of Law and Culture by : Priska Gisler

Download or read book Intersections of Law and Culture written by Priska Gisler and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Theory and Method in Socio-Legal Research

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316913
Total Pages : 392 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Theory and Method in Socio-Legal Research by : Reza Banakar

Download or read book Theory and Method in Socio-Legal Research written by Reza Banakar and published by Bloomsbury Publishing. This book was released on 2005-12-19 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.