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This special issue of Studies
in Law, Politics, and Society aims to foster a dialogue that is inclusive,
constructive, and innovative in order to lay the basis for evaluating the
usefulness and impact of cultural expertise in modern litigation. It
investigates the scope of cultural expertise as a new socio-legal concept that
broadly concerns the use of social sciences in connection with rights and the
solution of conflicts. While the definition of cultural expertise is new, the
conflicts it applies to are not, and these range from criminal law to civil
law, including international human rights.
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. The authors debate on a
variety of themes, such as legal pluralism, ethnicity, causal determinism,
reification of culture, and the "culturalization" of defendants. The volume concludes with an overview of the ethical implications of the definition
of cultural expertise and suggestions for a way forward.
Price: $127.99
Pages: 216
Publisher: Emerald Publishing Limited
Imprint: Emerald Publishing Limited
Series: Studies in Law, Politics, and Society
Publication Date:
28 February 2019
ISBN: 9781787695160
Format: Hardcover
BISACs:
The research project "Cultural Expertise in Europe: What is it Useful For?" held its first conference in Oxford during December 2016. Scholars specializing in law and culture in civil and common law traditions both inside and outside Europe present nine papers on cultural expertise with(out) cultural experts, sites of cultural expertise, comparative perspectives on cultural expertise, cultural expertise in non-European contexts, and suggestions for a way forward. Their topics include from invisible to visible: locating cultural expertise in the law courts of two Finnish cities; assessing cultural expertise in Portugal: challenges and opportunities; between norms, facts, and stereotypes: the place of culture and ethnicity in Belgian and French family justice; cultural expertise in Australia: colonial laws, customs, and emergent legal pluralism; and beyond anthropological expert witnessing: toward an integrated definition of cultural expertise.
Austin Sarat is William
Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst
College, USA. He is also a Five College Fortieth Anniversary Professor. He has
written, co-written, or edited more than fifty books in the fields of law and
political science.
Introduction; Livia Holden
Part I. Cultural Expertise with(out) Cultural Experts
From Invisible to Visible: Locating Cultural Expertise in the Law Courts of Two Finnish Cities; Taina Cooke
Cultural Expertise in Italian Courts: Contexts, Cases and Issues; Antonello Ciccozzi and Giorgia Decarli
Part II. Sites of Cultural Expertise
Assessing Cultural Expertise in Portugal: Challenges and Opportunities; João Teixeira Lopes, Anabela Leão and Ligia Ferro
Cultural Expertise in Asylum Granting Procedure in Greece: Evaluating the Experiences and the Prospects; Helen Rethimiotaki
Part III. Comparative Perspectives on Cultural Expertise
Court Cases, Cultural Expertise, and FGM in Europe; Ruth Mestre and Sara Johnsdotter
Between Norms, Facts and Stereotypes: The Place of Culture and Ethnicity in Belgian and French Family Justice; Caroline Simon, Barbara Truffin and Anne Wyvekens
Part IV. Cultural Expertise in Non-European Contexts
Cultural Expertise in Australia: Colonial Laws, Customs, and Emergent Legal Pluralism; Ann Black
The Role and Use of Cultural Expertise in Litigation in South Africa. Can the Western World Learn Anything from a Mixed, Pluralistic Legal System? Christa Rautenbach
Part V. Suggestions for a Way Forward
Beyond Cultural Expert Witnessing: Toward an Integrated Definition of Cultural Expertise; Livia Holden