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Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

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Book part
Publication date: 28 February 2019

Livia Holden

This chapter explores expert witnessing in anthropology and the raison d’être of cultural expertise as an integrated socio-legal concept that accounts for the contribution…

Abstract

This chapter explores expert witnessing in anthropology and the raison d’être of cultural expertise as an integrated socio-legal concept that accounts for the contribution of social sciences to the resolution of disputes and the protection of human rights. The first section of this chapter provides a short historical outline of the occurrence and reception of anthropological expertise as expert witnessing. The second section surveys the theoretical reflections on anthropologists’ engagement with law. The third section explores the potential for anthropological expertise as a broader socio-legal notion in the common law and civil law legal systems. The chapter concludes with the opportunity and raison d’être of cultural expertise grounded on a skeptical approach to culture. It suggests that expert witnessing has been viewed mainly from a technical perspective of applied social sciences, which was necessary to set the legal framework of cultural experts’ engagement with law, but had the consequence of entrenching the impossibility of a comprehensive study of anthropological expert witnessing. While this chapter adopts a skeptical approach to culture, it also argues the advantages of an interdisciplinary approach that leads to an integrated definition of cultural expertise.

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Book part
Publication date: 28 February 2019

Taina Cooke

In this chapter, I examine the informal cultural expertise utilized in the District Courts and Courts of Appeal of two Finnish cities. I argue that the parties that serve…

Abstract

In this chapter, I examine the informal cultural expertise utilized in the District Courts and Courts of Appeal of two Finnish cities. I argue that the parties that serve as providers of “cultural expertise” are manifold and include eyewitnesses, interpreters, and even the courts themselves. I examine the challenges regarding the informal use of cultural expertise, drawing from debates that consider the relationship between an “insider-expert” and a “trained-expert” in acting as a cultural mediator.

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Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

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Book part
Publication date: 28 February 2019

Ruth M. Mestre i Mestre and Sara Johnsdotter

This chapter discusses adjudication, expertise, and cultural difference as it appears in criminal court cases concerning female genital cutting (FGM) in the EU, as…

Abstract

This chapter discusses adjudication, expertise, and cultural difference as it appears in criminal court cases concerning female genital cutting (FGM) in the EU, as reported in a 2015 comparative overview. It begins with the distinction between typical and atypical FGM cases; a distinction that connects court cases to the cultural realities of the practicing communities, suggesting that the lack of cultural knowledge can cause unnecessary suffering to families and/or individuals who wrongly undergo prosecution in alleged FGM cases. A contrario, the intervention of experts in FGM court cases could be a positive approach to assessing the legitimacy of public intervention in certain cases.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

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Book part
Publication date: 28 February 2019

Antonello Ciccozzi and Giorgia Decarli

This chapter contributes to a corpus of legal–anthropological studies concerning the role of cultural experts in legal institutions. It begins by identifying the reasons…

Abstract

This chapter contributes to a corpus of legal–anthropological studies concerning the role of cultural experts in legal institutions. It begins by identifying the reasons behind the fragile collaboration between Italian courts and cultural experts and outlining some of the consequences of this relationship. It then presents a collection of cases involving cultural experts including a focus on the L’Aquila trial recounted from first-hand experience by Antonello Ciccozzi, the anthropologist who acted as expert consultant. The conclusions attempt to summarize the “state of the art” of cultural expertise in Italian courts today and call for greater collaboration between law and anthropology as a means of guaranteeing a fair trial.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

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Book part
Publication date: 28 February 2019

Caroline Simon, Barbara Truffin and Anne Wyvekens

Based on extensive empirical fieldworks conducted in Belgian and French family justice courtrooms in order to explain how culture and ethnicity are processed and…

Abstract

Based on extensive empirical fieldworks conducted in Belgian and French family justice courtrooms in order to explain how culture and ethnicity are processed and understood in the daily reasoning and assumptions of legal professionals, this chapter analyzes different forms in which culture and ethnicity are framed in family law cases. Understanding how and along which dimensions these elements do vary in judicial reasoning constitutes the preliminary but necessary step before assessing the need of cultural expertise as such. In this attempt, we shed light on a scope of variations between complex and non-deterministic models of culture – consistent with contemporary anthropology literature – and more simplistic ones, in which culture and identity are conceived as fixed realities. Throughout this path between norms, facts, and stereotypes, we illustrate not only the multiplicity and complexity of forms which cultural elements can take in the exercise of family justice, but also the risks that some significances may carry with them and the urgent need to improve more fluid and dispassionate conceptions of cultural diversity before developing “cultural expertise” as such, an expertise that could otherwise reinforce stereotypical and fixed views of “cultures.”

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Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

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Article
Publication date: 10 April 2017

Yunxia Zhu, Tyler G. Okimoto, Amanda Roan and Henry Xu

To connect students with the real world of management practice, the purpose of this paper is to extend and operationalize the situated cultural learning approach (SiCuLA…

Abstract

Purpose

To connect students with the real world of management practice, the purpose of this paper is to extend and operationalize the situated cultural learning approach (SiCuLA) through five learning processes occurring within communities of practice. These include integration of cultural contexts, authentic activities, reflections, facilitation, and the construction of a collaborative learning community.

Design/methodology/approach

To investigate the complex processes and principles of cultural learning, a multi-method approach is applied to an extensive comparative study of default and intervened cases within three management classes. Evidence is drawn from multiple sources of qualitative data including class observations, meeting minutes, focus groups, and group interviews with students and instructors.

Findings

Results indicated that in default cases, little explicit attention was given to a situated perspective of culture, or to the rich sources of cultural knowledge available among members of the classroom community. In contrast, following the intervention cases where SiCuLA was applied, there was strong evidence that much more attention was given to enhancing student contextual knowledge. Nonetheless, there were some challenges in applying these processes within the classroom context.

Originality/value

This is the first study to extend and operationalize SiCuLA in a classroom setting. More importantly, the evidence forms the empirical basis for deriving theoretical principles for cross-cultural management (CCM) education and training. It contributes to studying cultural contexts as sources of knowledge for learning through active co-participation. It also contributes to positive CCM learning with an emphasis on human agency that encourages students to take more responsibility and ownership of their cultural learning.

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Education + Training, vol. 59 no. 4
Type: Research Article
ISSN: 0040-0912

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Book part
Publication date: 2 May 2015

Carlos J. Torelli and Jennifer L. Stoner

To introduce the concept of cultural equity and provide a theoretical framework for managing cultural equity in multi-cultural markets.

Abstract

Purpose

To introduce the concept of cultural equity and provide a theoretical framework for managing cultural equity in multi-cultural markets.

Methodology/approach

Recent research on the social psychology of globalization, cross-cultural consumer behavior, consumer culture, and global branding is reviewed to develop a theoretical framework for building, leveraging, and protecting cultural equity.

Findings

Provides an actionable definition for a brand’s cultural equity, discusses consumer responses to brands that relate to cultural equity, identifies the building blocks of cultural equity, and develops a framework for managing cultural equity.

Research limitations/implications

Research conducted mainly in large cities in North and South America, Europe, the Middle East, and East Asia. Generalizations to less developed parts of the world might be limited.

Practical implications

A very useful theoretical framework for managers interested in building cultural equity into their brands and for leveraging this equity via new products and the development of new markets.

Originality/value

The paper integrates past findings across a variety of domains to develop a parsimonious framework for managing cultural equity in globalized markets.

Details

Brand Meaning Management
Type: Book
ISBN: 978-1-78441-932-5

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Article
Publication date: 15 September 2020

Nataliia Malysh, Viktoriya Shevchenko and Olena Tkachuk-Miroshnychenko

The purpose of this paper is to analyze the efficacy of the state policy of Ukraine in the sphere of protection of tangible and intangible cultural heritage, measures of…

Abstract

Purpose

The purpose of this paper is to analyze the efficacy of the state policy of Ukraine in the sphere of protection of tangible and intangible cultural heritage, measures of safeguarding cultural property in the event of armed conflict and to assess how and why the state funding of culture has changed.

Design/methodology/approach

The proposal is to investigate this by discussing the national and international policy frameworks through case study by using quantitative and qualitative methods to disclose if state cultural policy initiatives promote public interest in cultural issues and how the political events in the country affect the distribution of the state funding of culture.

Findings

Ukrainian state cultural policy initiatives appear to be effective in protecting cultural heritage at both central and local levels despite redistribution in the state funding of this sphere. In cooperation with international agencies, Ukraine effectively promotes its intangible cultural heritage properties. Interest of the public in the state cultural policy issues has grown considerably. Problems exist with the protection of Ukrainian cultural sites located in war zones and disputed territories.

Originality/value

These findings demonstrate how the state policies aimed at protecting Ukrainian cultural heritage may be effectively implemented at different levels in cooperation with international agencies; how the political landscape in the country promotes the public interest in cultural policy issues. This case forms an example of steps aimed at protecting cultural properties on disputed territories in cooperation with intermediaries, such as UNESCO.

Details

Journal of Cultural Heritage Management and Sustainable Development, vol. 11 no. 3
Type: Research Article
ISSN: 2044-1266

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Book part
Publication date: 9 August 2005

Mary B. Teagarden, Ellen A. Drost and Mary Ann Von Glinow

The literature on academic international research teams (AIRTs) has drawn conclusions and made recommendations based on cross-sectional “snapshots” of the research team…

Abstract

The literature on academic international research teams (AIRTs) has drawn conclusions and made recommendations based on cross-sectional “snapshots” of the research team process – observations made prior to the conclusion of the research project. Several large-scale AIRTs have now evolved through a life cycle including result-related publications. We evaluate and extend the literature using a project life cycle perspective, in which each stage exhibits different challenges and opportunities that influence the quality, reliability and validity of the final research output and the overall viability of the knowledge-creation project. We conclude with recommendations for the effective management of AIRTs and, indeed, perhaps all multinational, globally distributed teams engaged in both basic and applied knowledge creation.

Details

Managing Multinational Teams: Global Perspectives
Type: Book
ISBN: 978-1-84950-349-5

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