DR John Campbell jc58@soas.ac.uk
Reader in the Anthropology of Africa&Law
Interrogating the Role and Value of Cultural Expertise in Law
Campbell, John
Authors
Abstract
It is common for litigation to draw upon expert evidence to assist a judge to arrive at a balanced decision. This paper examines the role of one type of expert evidence submitted to courts, namely cultural expertise (CE), which provides information on socio-cultural issues such as kinship, family, marriage, customs, language, religion, witchcraft and so on. This type of evidence is primarily the result of qualitative, ethnographic research. I begin by examining the views of experts who have provided CE to courts/mediators; I then look at how judges view and make use of CE, and finally I examine lawyers’ views on CE. To address gaps in published research, I interviewed British barristers to understand how they make use of experts in the cases they litigate. Finally, I have surveyed legal decisions made by all British appellate courts to arrive at an approximate idea of the extent to which CE has been submitted in English and Welsh courts. I conclude that the extent to which CE—and other types of socio-legal evidence—is submitted varies considerably depending upon the legal/evidentiary procedures followed in different jurisdictions and in different countries
Citation
Campbell, J. (2020). Interrogating the Role and Value of Cultural Expertise in Law. Laws, 9(29), 1-23. https://doi.org/10.3390/laws9040029
Journal Article Type | Article |
---|---|
Acceptance Date | Nov 24, 2020 |
Online Publication Date | Nov 30, 2020 |
Publication Date | Nov 30, 2020 |
Deposit Date | Dec 1, 2020 |
Publicly Available Date | Dec 1, 2020 |
Journal | Laws |
Electronic ISSN | 2075-471X |
Publisher | MDPI |
Peer Reviewed | Peer Reviewed |
Volume | 9 |
Issue | 29 |
Pages | 1-23 |
DOI | https://doi.org/10.3390/laws9040029 |
Keywords | cultural expertise, expert evidence, judges, barristers, appellate courts, Europe and North America |
Publisher URL | https://www.mdpi.com/2075-471X/9/4/29 |
Files
laws-09-00029.pdf
(303 Kb)
PDF
Licence
http://creativecommons.org/licenses/by/4.0/
Publisher Licence URL
http://creativecommons.org/licenses/by/4.0/
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