-PDF Download- Cultural Expertise Law And Rights EBOOK

Cultural Expertise, Law, and Rights

Author: Livia Holden

Publisher: Taylor & Francis

Published: 2023-05-19

Total Pages: 379

ISBN-13: 1000884635

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

Author: Livia Holden

Publisher:

Published: 2020

Total Pages: 84

ISBN-13: 9783039280513

DOWNLOAD EBOOK →

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: Taylor & Francis

Published: 2011-05-30

Total Pages: 272

ISBN-13: 1136735216

DOWNLOAD EBOOK →

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: MDPI

Published: 2020

Total Pages: 94

ISBN-13: 3039280503

DOWNLOAD EBOOK →

Cultural Expertise and Socio-Legal Studies

Author: Austin Sarat

Publisher: Emerald Group Publishing

Published: 2019-02-28

Total Pages: 216

ISBN-13: 1787695174

DOWNLOAD EBOOK →

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 Rights in International Law and Discourse

Author: Stephenson Chow

Publisher: BRILL

Published: 2018-02-01

Total Pages: 302

ISBN-13: 9004328580

DOWNLOAD EBOOK →

In Cultural Rights in International Law and Discourse, Pok Yin S. Chow explains why the very understanding of ‘culture’ as described in international human rights law failed to capture and address the cultural concerns of groups and communities worldwide.

Intercultural Spaces of Law

Author: Mario Ricca

Publisher: Springer Nature

Published: 2023-04-03

Total Pages: 433

ISBN-13: 3031274369

DOWNLOAD EBOOK →

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 Law

Author: James A. R. Nafziger

Publisher: Cambridge University Press

Published: 2010-11-01

Total Pages: 1041

ISBN-13: 1139489321

DOWNLOAD EBOOK →

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.

The Cultural Defense

Author: Alison Dundes Renteln

Publisher: Oxford University Press, USA

Published: 2005

Total Pages: 422

ISBN-13: 9780195154030

DOWNLOAD EBOOK →

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.

Heritage, Culture and Rights

Author: Andrea Durbach

Publisher: Bloomsbury Publishing

Published: 2017-05-18

Total Pages: 312

ISBN-13: 1509904247

DOWNLOAD EBOOK →

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