1st Edition
Cultural Expertise, Law, and Rights A Comprehensive Guide
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: Definitions and Positioning
1. What is Cultural Expertise?
Livia Holden
2. Cultural Expertise and Ethics
Charmaine Cole
3. Cultural Expertise as Decolonisation
Rama Srinivasan
Debates and Boundaries of Cultural Expertise
4. Cultural Expertise and Race
ChorSwang Ngin
5. Cultural Expertise and LGBTQ+
Victoria McCloud
6. Cultural Expertise and Female Genital Cutting/ Female Genital Mutilation
Ruth Mestre, Lotta Wendel and Sara Johnsdotter
7. Cultural Expertise and Multiculturalism
Ralph Grillo
8. Cultural Expertise and Language
Patrick Heinrich
9. Cultural Expertise and the Media
Małgorzata Lisowska-Magdziarz
10. Cultural Expertise and Investigative Journalism
Ticky Monekosso
Cultural Expertise in the Fields of Law
11. Cultural Expertise and Procedural Justice
Stanisław Burdziej
12. Cultural Expertise in Asylum and Refugee Laws
John R Campbell
13. Cultural Expertise and Terrorism Investigations
Ariel Planeix
14. Cultural Expertise and Extreme Speech
Max Steuer
15. Cultural Expertise and Commercial Arbitration
Giorgio Fabio Colombo
16. Cultural Expertise and International Criminal Law
Joshua Isaac Bishay
17. Cultural Expertise and International Human Rights Law
Noora Arajärvi
18. Cultural Expertise and Indigenous Rights
Noelle Higgins
19. Cultural Expertise and Conflict Resolution
Susan F. Hirsch and Brigit R. A. Moore
Cultural Expertise in the World
20. Cultural Expertise in Europe
Livia Holden
21. Cultural Expertise and Indigenous People in Australia
David S. Trigger
22. Cultural Expertise and History in Australia
Tanya Josev
23. Cultural Expertise in South Africa
Christa Rautenbach
24. Cultural Expertise and Indigenous Ecologies
Aurélien Bouayad
25. Cultural Expertise in the United States
ChorSwang Ngin
26. Cultural Expertise in Chile
Roberto Álvarez San Martín
27. Cultural Expertise in South Asia
Mary Kavita Dominic
28. Cultural Expertise in the Arab Middle East
Dina Haddad
29. Cultural Expertise in Islamic Courts in Indonesia
Euis Nurlaelawati and Witriani
Afterword
30. Afterword: Cultural Expertise Within – and Beyond – the Boundaries of Law
Mark Goodale
Biography
Livia Holden is Director of Research at the CNRS, University of Paris I Panthéon Sorbonne, France.
"In this unique and original volume the authors face realistically the roles that experts – particularly those in the ‘soft’ sciences – play in legal and administrative proceedings. With careful regard for issues of race, colonialism, and gender, the essays cover immigration, journalism, and indigenous rights at the highest professional level. It is a book for specialists and the concerned public alike" Lawrence Rosen, Princeton University, USA
"Social scientists across a broad range of disciplines-- as well as lawyers, judges and paralegal professionals—but most importantly students and their teachers will find this volume of essays an excellent pedagogical resource for their work across a global array of international cultural and legal settings." Carolyn Fluehr-Lobban, Rhode Island College, USA
"Livia Holden’s trailblazing work on cultural expertise demonstrates that socio-legal scholarship is now an integral part of the study of cultures. This groundbreaking and comprehensive volume shows how anthropologists deploy knowledge for the protection of basic human rights, thus playing a crucial role for diverse and inclusive societies." Sandra Laugier, Université Paris 1 Panthéon Sorbonne, France
"With theoretical clarity, conceptual precision, and rigorous ethics, this book offers readers powerful methodological and case study examples of the ways that, as part of our service to the courts as cultural experts, we secure vital space in legal processes for a justice that is sensitive to diversity and inclusion as well as structural inequality and disadvantage." Emma Varley, Brandon University, President of the Canadian Anthropology Society [CASCA]
