scholarly journals Interrogating the Role and Value of Cultural Expertise in Law

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 29
Author(s):  
John Campbell

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.

2014 ◽  
Vol 4 (2) ◽  
pp. 113-121 ◽  
Author(s):  
Stephanie Chow ◽  
Stephen Yortsos ◽  
Najmedin Meshkati

This article focuses on a major human factors–related issue that includes the undeniable role of cultural factors and cockpit automation and their serious impact on flight crew performance, communication, and aviation safety. The report concentrates on the flight crew performance of the Boeing 777–Asiana Airlines Flight 214 accident, by exploring issues concerning mode confusion and autothrottle systems. It also further reviews the vital role of cultural factors in aviation safety and provides a brief overview of past, related accidents. Automation progressions have been created in an attempt to design an error-free flight deck. However, to do that, the pilot must still thoroughly understand every component of the flight deck – most importantly, the automation. Otherwise, if pilots are not completely competent in terms of their automation, the slightest errors can lead to fatal accidents. As seen in the case of Asiana Flight 214, even though engineering designs and pilot training have greatly evolved over the years, there are many cultural, design, and communication factors that affect pilot performance. It is concluded that aviation systems designers, in cooperation with pilots and regulatory bodies, should lead the strategic effort of systematically addressing the serious issues of cockpit automation, human factors, and cultural issues, including their interactions, which will certainly lead to better solutions for safer flights.


2021 ◽  
pp. 239965442110338
Author(s):  
Sarah M Hughes

Many accounts of resistance within systems of migration control pivot upon a coherent migrant subject, one that is imbued with political agency and posited as oppositional to particular forms of sovereign power. Drawing upon ethnographic research into the role of creativity within the UK asylum system, I argue that grounding resistance with a stable, coherent and agentic subject, aligns with oppositional narratives (of power vs resistance), and thereby risks negating the entangled politics of the (in)coherence of subject formation, and how this can contain the potential to disrupt, disturb or interrupt the practices and premise of the UK asylum system. I suggest that charity groups and subjects should not be written out of narratives of resistance apriori because they engage with ‘the state’: firstly, because to argue that there is a particular form that resistance should take is to place limits around what counts as the political; and secondly, because to ‘remain oppositional’ is at odds with an (in)coherent subject. I show how accounts which highlight a messy and ambiguous subjectivity, could be bought into understandings of resistance. This is important because as academics, we too participate in the delineation of the political and what counts as resistance. In predetermining what subjects, and forms of political action count as resistance we risk denying recognition to those within this system.


2021 ◽  
pp. 102831532110270
Author(s):  
Ireena Nasiha Ibnu ◽  
Norzaini Azman

This paper explores the transnational trajectories of female Malaysian Muslim students through their commitment to piety-minded forms of Islam. In particular, it seeks to identify the reasons for their participation in piety movements and its importance to their lives. The ethnographic research, conducted over 8 months, involved 18 Malaysian female respondents who were studying and living in Manchester between 2016 and 2017. The findings show that the students’ involvement in piety movements was due to fictive kinship providing generous hospitality upon their arrival to the United Kingdom, pre-departure programs on preparation for studying abroad, family influence and sisterhood relationships. Participation in piety movements is said to help relieve stress and overcome loneliness, and is considered vital in guiding Muslim students to lead fulfilling and virtuous lives. The findings contribute significantly to transnational student mobility theories and the importance of sociality and religion in transnational migration.


2019 ◽  
Vol 63 (2-4) ◽  
pp. 55-63 ◽  
Author(s):  
Susann Schäfer ◽  
Heike Mayer

Abstract The editorial for the special issue on entrepreneurial ecosystems summarizes the ongoing debate on the entrepreneurial ecosystem concept and portrays the backgrounds of founding figures of the concept. It traces the unique contribution of this issue with regard to recently published research. The contributions deal with the measurement of and the role of specific actors and institutions in entrepreneurial ecosystems.


1979 ◽  
Vol 27 (3) ◽  
pp. 458-468 ◽  
Author(s):  
Henry Lever

There is some controversy concerning the role of ethnicity in South African electoral behaviour. Since the society is segmented on ethnic lines it is to be expected that ethnicity would play a crucial role in affecting political choices. Some writers have gone so far as to suggest that ethnicity is the only significant factor affecting voting preferences. The controversy arose at a time when Goodman's method of log-linear analysis for hierarchical models had not yet been developed. This method provides the most powerful tool available for the multivariate analysis of categorical data. A re-analysis of previously published research using Goodman's method shows that ethnicity is not the only significant factor having a bearing on voting preferences. The first four-way table of voting preferences in South Africa is presented. The order of importance of the variables affecting party choice is: (1) ethnicity (2) socio-economic status (3) age of the voter. The recursive model suggested by the analysis explains approximately 98 per cent of the data.


1976 ◽  
Vol 5 (2) ◽  
pp. 129-136 ◽  
Author(s):  
Jean Berko Gleason ◽  
Sandra Weintraub

ABSTRACTThe acquisition of routines is one aspect of language development. Routines such as Bye-bye, in contrast to more referential language, appear to be among the earliest acquisitions and are congruent with the sensori-motor child's capacities. This study investigates performance of the highly constrained Hallowe'en Trick or treat routine in 115 children from 2 to 16 years of age. Changes in competence and the role of parental input are examined in relation to cognitive and social factors. (First routines; the Hallowe'en interaction; children's production; adult participation; adult metalanguage; implications for ethnographic research.)


2003 ◽  
Vol 25 (4) ◽  
pp. 477-483 ◽  
Author(s):  
Joseph Baker ◽  
Jennifer Robertson-Wilson ◽  
Whitney Sedgwick

The current study examined whether the distribution of published research papers in the field of sport psychology followed the Lotka-Price Law of scientific productivity. All authors who had published articles in five sport psychology journals from 1970 to 2000 were considered. The impact of those authors was determined by the total number of published papers in all journals. Results provided limited support for the Lotka-Price Law; however, it appeared that the field of sport psychology was less elitist than other fields. Although these findings suggest that productivity in this field is similar to that in other fields of science, more research is needed to shed light on the role of the eminent scientist and the average researcher in the advancement of knowledge in sport psychology.


2020 ◽  
Vol 4 (1) ◽  
pp. 13-20
Author(s):  
Lailatul Aisi Alhq ◽  
Hapidin Hapidin ◽  
Karnadi Karnadi

INDEPENDENCE OF CHILDREN AGED 5-6 YEARS AT INSTITUTION OF EARLY CHILDHOOD EDUCATION IN THE DAYAK KANAYANT CULTURE. This study aims to get an overview of empirical data information on the Independence of Children 5-6 Years in Early Childhood Education Institutions in the Dayak Kanayant Culture in Nanga Kelampai Village, Tumbang Titi District, Ketapang Regency, West Kalimantan Province. This research is a qualitative research with ethnographic research. Data analysis is Spradley. The data of this study were obtained from observations, interviews and documentation. The findings of the study indicate that the independence of children aged 5-6 years in early childhood education institutions in Kanayant Dayak tribal culture is shaped by the roles and attitudes of parents and teachers and the role of the environment. The conclusion of the research shows that independent children are not formed by themselves. Parents need to equip children from an early age to be able to do their own activities without having to rely on parents.


2021 ◽  
Vol 44 (1) ◽  
Author(s):  
Heather Douglas ◽  
Stella Tarrant ◽  
Julia Tolmie

This article considers what evidence juries need to help them apply the defence of self-defence where a woman claims she has killed an abusive partner to save her own life. Drawing on recent research and cases we argue that expert evidence admitted in these types of cases generally fails to provide evidence about the nature of abuse, the limitations in the systemic safety responses and the structural inequality that abused women routinely face. Evidence of the reality of the woman’s safety options, including access to, and the realistic support offered by, services such as police, housing, childcare, safety planning and financial support should be presented. In essence, juries need evidence about what has been called social entrapment so they can understand how women’s safety options are deeply intertwined with their degree of danger and therefore with the question of whether their response (of killing their abuser) was necessary based on reasonable grounds. We consider the types of evidence that may be important in helping juries understand the concept and particular circumstances of social entrapment, including the role of experts in this context.


Author(s):  
Charu Bansal ◽  
Rachna Jain ◽  
Umesh Shukla ◽  
Smita Paul

Diabesity term recently coined in medical field because of the very close epidemiological and pathogenic associations between central obesity and Type 2DM. Material and Methods: This review is based on data collected from published research works in various journals. Observations and Results: cited based on research reviews to find out risk odds of obesity and physical inactivity and initiation of type 2 diabetes with solutions based on improve physical activity. Conclusion: Counseling would be one of the best strategies to opt physical exercise with moderate and vigorous intensity recommended as world health organization as healthy behaviour to prevent and control of type 2 diabetes. Thus, Present write up is an effort to critically evaluate and assess the published research data on obesity and its association with development of type 2 diabetes and role of Physical exercises for prevention and control of type 2 DM as its solution with research evidences.


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