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Interrogating the Role and Value of Cultural Expertise in Law

Campbell, John

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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

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