Cultural Expertise and Socio-Legal Studies : Special Issue.

Front Cover -- Cultural Expertise and Socio-Legal Studies: Special Issue -- Copyright Page -- Contents -- List of Contributors -- Editorial Board -- Cultural Expertise and Socio-legal Studies: Introduction -- Cultural Expertise and Cultural Defense -- Power and Culture -- The Contributions to This Special Issue -- Bibliography -- PART I CULTURAL EXPERTISE WITH(OUT) CULTURAL EXPERTS -- From Invisible to Visible: Locating "Cultural Expertise" in the Law Courts of Two Finnish Cities -- Introduction -- Finland and Cultural Expertise in Courts - A Brief Overview -- Talking Culture in Court -- Eyewitnesses as Cultural Experts -- Mr Amin and a Case of Attempted Manslaughter -- Human Trafficking and Forced Labor in Oriental Restaurants -- Interpreters as Invisible Cultural Experts -- Lawyers, Prosecutors, and Courts Themselves as the Providers of Cultural Information -- Making Invisible -- Making Visible -- Insider Experts -- Trained Experts and the Potential of Cultural Expertise -- Conclusion -- Notes -- Acknowledgment -- Court cases -- Interviews -- Bibliography -- Cultural Expertise in Italian Courts: Contexts, Cases, and Issues -- Introduction -- The Recourse to "expertise" in the Italian Judiciary System -- Culturally Motivated Crimes in Italian doctrine -- Italian Cases Involving Cultural Experts -- Cultural Expertise in the "L'Aquila Trial" -- The Meaning of this Sentence and the Issue of Cultural Causation -- Conclusion -- References -- PART II SITES OF CULTURAL EXPERTISE -- Assessing Cultural Expertise in Portugal: Challenges and Opportunities -- Introduction -- From Culture to Cultural Expertise in Court -- The State in the Face of Cultural Diversity - Some General Remarks -- Culture and State Law -- Cultural Issues in Court Practice -- Cultural Issues in Portuguese Courts Practice -- Allowing for Expert Intervention?.

Cultural Expertise in Social Arenas -- Contexts and Forms of Mediation in Portugal -- Conclusion -- Notes -- Acknowledgments -- References -- Cultural Expertise in Asylum Granting Procedure in Greece: Evaluating the Experiences and the Prospects -- Introduction -- Cultural Expertise According to Greek Law and Its Infusion Within Asylum Granting Proceedings -- Cultural Mediation for Asylum Seekers in Action: Job Description and Training Prerequisites -- The Sociopolitical Meaning of Respecting the Culturally Different Refugees and Migrants -- Notes -- References -- PART III COMPARATIVE PERSPECTIVES ON CULTURAL EXPERTISE -- Court Cases, Cultural Expertise, and "Female Genital Mutilation" in Europe -- Introduction -- FGM in Europe -- Atypical FGM Cases Make Unfair Court Cases -- Typical FGM Cases -- Error iuris and Cultural Difference -- Conclusion -- Notes -- Acknowledgments -- Bibliography -- Between Norms, Facts, and Stereotypes: The Place of Culture and Ethnicity in Belgian and French Family Justice -- Introduction -- Culture, Ethnicity, and Family Justice -- Fieldwork and Methodology -- Cultural and Religious Norms Evoked by Litigants -- Cultural Facts Raised by Litigants vs Normative Understanding of the Judges -- Assignations and Culturalization by Litigants … and Judges -- Conclusion -- Notes -- Bibliography -- PART IV CULTURAL EXPERTISE IN NON-EUROPEAN CONTEXTS -- Cultural Expertise in Australia: Colonial Laws, Customs, and Emergent Legal Pluralism -- Introduction -- Indigenous Peoples of Australia: Native Title Claims and the Role for Cultural Experts -- Role for Cultural Experts in Native Title Cases -- Refinements in the Cultural Expert Process -- Common Law Courts, Cultural Experts, and Parenting Orders -- Parenting Orders for Indigenous Children -- Parenting Orders for Children of a Muslim Parent(s).

Role for Cultural Experts: Report Writers for the Family Court -- The Cultural Defense -- The Reasonable and Ordinary Person Test -- Cultural Defense in Indigenous Communities -- Conclusion -- Notes -- Cases -- Legislation -- References -- Cultural Expertise in Litigation in South Africa: Can the Western World Learn Anything from a Mixed, Pluralistic Legal System? -- Introduction -- Cultural Experts in Litigation -- Cultural Experts as Witnesses -- Relevance, Qualifications, and Procedure -- Duties and Responsibilities of Expert Witnesses -- Cultural Experts as Assessors -- Cultural Experts as Amici Curiae -- Conclusion: Lessons to be Learned? -- Notes -- Acknowledgements -- References -- Legislation -- Case Law -- Court Rules -- PART V SUGGESTIONS FOR A WAY FORWARD -- Beyond Anthropological Expert Witnessing: Toward an Integrated Definition of Cultural Expertise -- Introduction -- Anthropological Expert Witnessing -- From "Anthropology before Anthropology" to Colonial Anthropology -- Anthropologists and Foreign Politics -- Anthropologists as Expert Witnesses in First Nations Litigation -- Post-colonial Criticism against British Anthropology and Applied Anthropology -- Anthropologists as Expert Witnesses in Aborigines Litigation -- Criticism against Colonial Attitudes of Applied Anthropology in North America -- Scrutiny of Anthropologists' Involvement in the Development Industry -- Anthropology of Human Rights -- The Human Terrain System: The Embedded Anthropologist -- Summary of Key Themes -- Expert Witnessing and the Law -- Deontology of Expert Witnessing -- Lawyers and Anthropologists -- Anthropologists and Aboriginal Land Rights -- Super-diversity Scholarship -- Non-state Law and Legal Pluralism -- Anthropological Expertise in Continental Europe -- Summary of Key Themes -- Anthropological Expertise in Common Law and Civil Law Traditions.

Conclusion: The raison d'être of Cultural Expertise -- Notes -- Case law -- Bibliography.

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.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.