Cultural Expertise Law And Rights

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Cultural Expertise, Law, and Rights

Livia Holden
Cultural Expertise Law and Rights Book PDF

Author : Livia Holden
Publisher : Taylor & Francis
Page : 379 pages
File Size : 55,8 Mb
Release : 2023-05-19
Category : Law
ISBN : 9781000884630

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Cultural Expertise, Law, and Rights by Livia Holden Pdf

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 and Socio-Legal Studies

Austin Sarat
Cultural Expertise and Socio Legal Studies Book PDF

Author : Austin Sarat
Publisher : Emerald Group Publishing
Page : 216 pages
File Size : 44,5 Mb
Release : 2019-02-28
Category : Law
ISBN : 9781787695153

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Cultural Expertise and Socio-Legal Studies by Austin Sarat Pdf

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 Expertise

Livia Holden
Cultural Expertise Book PDF

Author : Livia Holden
Publisher : Unknown
Page : 84 pages
File Size : 43,8 Mb
Release : 2020
Category : Evidence, Expert
ISBN : 3039280511

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Cultural Expertise by Livia Holden Pdf

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

Livia Holden
Cultural Expertise Book PDF

Author : Livia Holden
Publisher : MDPI
Page : 94 pages
File Size : 48,8 Mb
Release : 2020
Category : Social Science
ISBN : 9783039280506

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Cultural Expertise by Livia Holden Pdf

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

Livia Holden
Cultural Expertise and Litigation Book PDF

Author : Livia Holden
Publisher : Routledge
Page : 254 pages
File Size : 51,6 Mb
Release : 2011-05-30
Category : Law
ISBN : 9781136735226

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Cultural Expertise and Litigation by Livia Holden Pdf

Cultural Expertise and Litigation addresses the issues surrounding the legal role of social scientists that provide evidence in cases related to minority groups and migration.

Cultural Expertise and Litigation

Livia Holden
Cultural Expertise and Litigation Book PDF

Author : Livia Holden
Publisher : Taylor & Francis
Page : 272 pages
File Size : 43,8 Mb
Release : 2011-05-30
Category : Law
ISBN : 9781136735219

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Cultural Expertise and Litigation by Livia Holden Pdf

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 and Socio-Legal Studies

Austin Sarat
Cultural Expertise and Socio Legal Studies Book PDF

Author : Austin Sarat
Publisher : Emerald Group Publishing
Page : 216 pages
File Size : 47,8 Mb
Release : 2019-02-28
Category : Law
ISBN : 9781787695177

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Cultural Expertise and Socio-Legal Studies by Austin Sarat Pdf

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

Stephenson Chow
Cultural Rights in International Law and Discourse Book PDF

Author : Stephenson Chow
Publisher : BRILL
Page : 302 pages
File Size : 45,8 Mb
Release : 2018-02-01
Category : Law
ISBN : 9789004328587

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Cultural Rights in International Law and Discourse by Stephenson Chow Pdf

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.

Negotiating Cultural Rights

Lucky Belder,Helle Porsdam
Negotiating Cultural Rights Book PDF

Author : Lucky Belder,Helle Porsdam
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 53,5 Mb
Release : 2017-10-27
Category : Law
ISBN : 9781786435422

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Negotiating Cultural Rights by Lucky Belder,Helle Porsdam Pdf

The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed provide a new universal standard on cultural rights with topics ranging from cultural diversity, cultural heritage, and the right to artistic freedom to the effects of today's intellectual property regimes. The international team of expert contributors to this book reflect upon the many aspects of cultural rights in the reports and present a discussion of how cultural rights support cultural diversity, foster intercultural dialogue, and contribute to inclusive social, economic and political development.

Cultural Rights in International Law

Elsa Stamatopoulou
Cultural Rights in International Law Book PDF

Author : Elsa Stamatopoulou
Publisher : BRILL
Page : 353 pages
File Size : 44,5 Mb
Release : 2007
Category : Law
ISBN : 9789004157521

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Cultural Rights in International Law by Elsa Stamatopoulou Pdf

Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.

Studies in Law, Politics, and Society

Austin Sarat
Studies in Law Politics and Society Book PDF

Author : Austin Sarat
Publisher : Emerald Group Publishing
Page : 200 pages
File Size : 47,8 Mb
Release : 2019-06-10
Category : Political Science
ISBN : 9781789737271

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Studies in Law, Politics, and Society by Austin Sarat Pdf

This special issue of Studies in Law, Politics and Society contains two sections, focusing on the interaction between law and religion, together with the ways in which the law simultaneously enhances and inhibits projects of social change.

Cultural Human Rights

Francesco Francioni,Martin Scheinin
Cultural Human Rights Book PDF

Author : Francesco Francioni,Martin Scheinin
Publisher : BRILL
Page : 380 pages
File Size : 51,5 Mb
Release : 2008-02-28
Category : Political Science
ISBN : 9789047431732

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Cultural Human Rights by Francesco Francioni,Martin Scheinin Pdf

When does international law allow a State or group of States to adopt trade measures in order to “coerce” another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on “Trade and ...” issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.

Cultural Law

James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln
Cultural Law Book PDF

Author : James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln
Publisher : Cambridge University Press
Page : 1041 pages
File Size : 40,9 Mb
Release : 2010-11
Category : Law
ISBN : 9780521865500

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Cultural Law by James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln Pdf

A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.

Cultural Law

James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln
Cultural Law Book PDF

Author : James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln
Publisher : Cambridge University Press
Page : 128 pages
File Size : 54,9 Mb
Release : 2010-11-01
Category : Law
ISBN : 9781139489324

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Cultural Law by James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln Pdf

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.

Law | Book | Culture in the Middle Ages

Anonim
Law Book Culture in the Middle Ages Book PDF

Author : Anonim
Publisher : BRILL
Page : 477 pages
File Size : 50,9 Mb
Release : 2021-02-01
Category : History
ISBN : 9789004448650

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Law | Book | Culture in the Middle Ages by Anonim Pdf

Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.