Download Cultural Expertise and Litigation: Patterns, Conflicts, by Livia Holden PDF

By Livia Holden

Cultural services and Litigation addresses the function of social scientists as a resource of professional facts, and is a made from their stories and observations of situations concerning litigants of South Asian beginning. what's intended in courtroom through "culture," "custom" and "law"? How are those techniques understood through witnesses, advocates, judges and litigants? How a long way are cross-cultural understandings facilitated - or obscured - within the approach? What recommendations are followed? And which of them develop into winning in court docket? How is cultural figuring out – and false impression – produced in those situations? and the way, furthermore, do the selections in those circumstances not just replicate, yet effect, upon the legislations and the felony approach? Cultural services and Litigation addresses those questions, because it elicits the styles, conflicts and narratives that symbolize the criminal function of social scientists in quite a few de facto plural settings – together with immigration and asylum legislation, relations legislation, citizenship legislation and felony legislation.

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Sound Vision Staff Writer, 2000). It is unfortunately not unusual for a South Asian Muslim bride to discover upon arrival in the United States that her husband is already romantically and/or sexually involved with another woman, sometimes a cousin or other relative, but more often a non-South Asian, non-Muslim American. He has perhaps only agreed to an arranged marriage in order to placate his parents, who are either unaware of or know but disapprove of his liaison and hope that they can break it off by marrying him off to a home-country girl of their own religion and community.

Although the duty of the expert to the court is of paramount importance to set the framework of cultural expertise vis-à-vis legal outcomes, our contributions show that this is not unequivocally understood. Notwithstanding the self-evident fact that socio-legal scientists are called increasingly to provide expertise and that cultural homogeneity is not ensuing from globalization (see Ballard and Menski in this volume), social scientist very speciality, which is the ability to understand and relate to cultural differences, is likely to undermine our own credibility in court.

2009: 333–60)! Another very important variable is whether the applicant is represented by counsel or simply represents himself. 30 But research has shown that as many as two-thirds of all applicants who appear before an immigration judge do so without the benefit of legal representation (Virginia Law 2008), usually because they cannot afford to engage a lawyer. Unlike the situation in a regular court of law, indigent persons called to appear in the 22 Patterns immigration court are not entitled to be represented at public expense.

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