Cultural Expertise Law And Rights

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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 : 1787695158
Total Pages : 215 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 215 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 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 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.

Cultural Rights in International Law

Author : Elsa Stamatopoulou
Publisher : BRILL
ISBN 13 : 9004157522
Total Pages : 353 pages
Book Rating : 4.0/5 (41 download)

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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.

Cultural Resource Laws and Practice

Author : Thomas F. King
Publisher : Rowman Altamira
ISBN 13 : 9780759104747
Total Pages : 436 pages
Book Rating : 4.1/5 (47 download)

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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.

Negotiating Cultural Rights

Author : Lucky Belder
Publisher : Edward Elgar Publishing
ISBN 13 : 178643542X
Total Pages : 239 pages
Book Rating : 4.7/5 (864 download)

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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.

Cultural Expertise and Socio-Legal Studies

Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 1787695174
Total Pages : 219 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 219 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.

Research Handbook on Contemporary Intangible Cultural Heritage

Author : Charlotte Waelde
Publisher : Edward Elgar Publishing
ISBN 13 : 1786434016
Total Pages : 449 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Contemporary Intangible Cultural Heritage by : Charlotte Waelde

Download or read book Research Handbook on Contemporary Intangible Cultural Heritage written by Charlotte Waelde and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH). Providing a detailed analysis of the international legal frameworks relevant to ICH, the contributing authors then go on to challenge the pervasive view that heritage is about ‘old’ tangible objects by highlighting the existence, role and importance of contemporary forms of ICH to modern society.

Economic, Social and Cultural Rights in International Law

Author : Manisuli Ssenyonjo
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900837
Total Pages : 1006 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Economic, Social and Cultural Rights in International Law by : Manisuli Ssenyonjo

Download or read book Economic, Social and Cultural Rights in International Law written by Manisuli Ssenyonjo and published by Bloomsbury Publishing. This book was released on 2016-10-06 with total page 1006 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.

Intercultural Spaces of Law

Author : Mario Ricca
Publisher : Springer Nature
ISBN 13 : 3031274369
Total Pages : 433 pages
Book Rating : 4.0/5 (312 download)

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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.

Cultural Rights in International Law and Discourse

Author : Stephenson Chow
Publisher : BRILL
ISBN 13 : 9004328580
Total Pages : 302 pages
Book Rating : 4.0/5 (43 download)

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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.

A Guide to Help Lawyers, Law Students, and Business Professionals Develop Cross-Cultural Competence

Author : Scott Fruehwald
Publisher :
ISBN 13 :
Total Pages : 78 pages
Book Rating : 4.5/5 (368 download)

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Book Synopsis A Guide to Help Lawyers, Law Students, and Business Professionals Develop Cross-Cultural Competence by : Scott Fruehwald

Download or read book A Guide to Help Lawyers, Law Students, and Business Professionals Develop Cross-Cultural Competence written by Scott Fruehwald and published by . This book was released on 2021-07-14 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a diverse world, and cross-cultural competence is important for everyone. This is especially true for lawyers and business professionals. A key part of being a lawyer or business professional is the ability to deal with others. Part of this ability is the recognition that the people you will deal with come from many different cultures and backgrounds. We are all human, but there is a great deal of variation among humans. This is why I have written this book. While cross-cultural competence has been an essential part of medical education and business for years, it is not usually part of legal education. However, it is essential to attorney competence, and it can give practitioners a competitive edge. Similarly, lack of cross-cultural competence can cause international business failure and ruin careers. "Cross-cultural competence" is the "ability to understand people from different cultures and engage with them effectively." It involves "'the ability to function effectively in another culture', consisting of three interdependent dimensions: 1) an affective dimension (personality traits and attitudes), 2) a cognitive dimension (how individuals acquire and categorize cultural knowledge), and a communicative, behavioral dimension (being an effective communicator)."

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 Human Rights

Author : Francesco Francioni
Publisher : BRILL
ISBN 13 : 9004162941
Total Pages : 381 pages
Book Rating : 4.0/5 (41 download)

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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.

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.