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Interrogating the Role and Value of Cultural Expertise in Law

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  • John R. Campbell

    (Department of Anthropology and Sociology, School of Oriental and African Studies, London WC1H OXG, UK)

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.

Suggested Citation

  • John R. Campbell, 2020. "Interrogating the Role and Value of Cultural Expertise in Law," Laws, MDPI, vol. 9(4), pages 1-23, November.
    • Handle: RePEc:gam:jlawss:v:9:y:2020:i:4:p:29-:d:453714
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    References listed on IDEAS

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    1. Herbert M. Kritzer, 2004. "Disappearing Trials? A Comparative Perspective," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 735-754, November.
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