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Vol 23 No 5 May/June 2018

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Cultural Expertise and Litigation: Patterns, Conflicts, Narratives

ISBN13: 9780415601566
Published: May 2011
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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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.

Foreword, Gilles Tarabout and Daniela Berti. Preface, Gary Edmond. Introduction, Livia Holden Part 1: Litigation and Cultural Mediation An Overview of the Nature and Patterns of Resolution of South Asian Muslim Marital Disputes in the American Courts, Sylvia Vatuk. Inconvenient Marriages, or what Happen when South Asians Marry Trans-Jurisdictionally According to their Self-Chosen Norms, Prakash Shah. South Asian Litigants in French Law Courts, Veronique Bouiller Part 2: Anthropologists as Experts; On being On: Anthropologists as Experts in Court, at the Parliament, and in TV Shows, Stig Toft Madsen. Expert Witnessing and Cultural Misunderstanding in British Asylum Procedures, Anthony Good. Honour Killing? Or just Plain Homicide?, Roger Ballard Part 3: Ethnographies of Socio-Legal Expertise Life and Law: Advocacy and Expert Witnessing in the UK, Werner Menski. The Case of S.: Elaborating the "Right" Narrative to fit Normative/Political Expectations in Asylum Procedure in Italy, Tommaso Sbriccoli and Stefano Jacoviello. Hindu Divorce in California: The Shifting Arguments of Custom, Livia Holdena