Reprint

Cultural Expertise

An Emergent Concept and Evolving Practices

Edited by
January 2020
94 pages
  • ISBN978-3-03928-050-6 (Paperback)
  • ISBN978-3-03928-051-3 (PDF)

This book is a reprint of the Special Issue Cultural Expertise: An Emergent Concept and Evolving Practices that was published in

Business & Economics
Environmental & Earth Sciences
Social Sciences, Arts and Humanities
Summary

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.

Format
  • Paperback
License
© 2020 by the authors; CC BY-NC-ND license
Keywords
cultural expertise; expert testimony; applied anthropology; controlled substances; peyote; entheogens; strategic litigation; indigenous rights; law and culture; criminal anthropology; psychiatric evaluation; cultural expertise; Italian criminal justice system; legal anthropology; multiculturalism; cultural expertise; cultural test; cultural rights; culture; migration; judiciary; Bondo; FGM/C; National Strategy; cultural expertise; human rights; experts; cultural experts; court cases; Sweden; Sami; Roma; immigrants; socio-legal studies; anthropology of law; law and society; multicultural societies; cross-cultural dispute resolution; cultural expertise; cultural defense; cultural test; Sweden; Italy; Sami; First Nations