1st Edition

Cultural Expertise, Law, and Rights A Comprehensive Guide

Edited By Livia Holden Copyright 2023
    378 Pages 7 B/W Illustrations
    by Routledge

    378 Pages 7 B/W Illustrations
    by Routledge

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    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


    30. Afterword: Cultural Expertise Within – and Beyond – the Boundaries of Law

    Mark Goodale


    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-LobbanRhode 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]