(Source: University of Oxford)
We have the following CFP for a workshop on "Cultural Expertise and Litigation in the History of Law", to be held at the University of Oxford coming July.
Workshop
Convener: Livia Holden – Centre for Socio-Legal Studies - University of
Oxford
Date: 4th July
2018
Venue: Centre
for Socio-Legal Studies - Oxford
This workshop
takes place within the project Cultural Expertise in Europe: What is it
useful for? (EURO-EXPERT) funded by the European Research Council and
directed by Livia Holden. This workshop explores cultural expertise in the
ancient and modern history of expert witnessing. The stress of this workshop
will be on development and change of culture-related expert witnessing,
culture-related adjudication and resolution of dispute, criminal litigation and
other kinds of court and out of court proceedings that make reference to
notions of culture with or without the appointment of experts. Two sets
of topics will be discussed: the reflection on the definition of cultural
expertise and its ancient and modern historical background. This workshop aims
on the one hand to understand if cultural expertise has been relevant in court
and out of court for the resolution of conflicts in the history of law, and on
the other hand to trace the historical developments of most recent trends of
cultural expertise. How does ancient and modern history report the judicial
practices involving the specialists of local laws and customs? What have been
the most frequent fields of expert witnessing that are related with culture?
Who were the experts? What were their links with local communities and also
with the courts and the state power? How cultural expert witnessing was
received by judges and other members of the legal profession?
The above
questions link with the notion of culture and the relationship between law and
culture, which are significant for the definition of cultural expertise and its
measurable impact in society. EURO-EXPERT adopts an ethnomethodological
perspective with regard to culture and history. EURO-EXPERT is less interested
in the ontology of culture and more in what social actors think that culture
is, both synchronically and diachronically: what are the documents that
contribute to the construction of evidence? What kinds of information is
omitted or included? How this changes over time? Who are the social actors who
are officially acknowledged as “experts” in the construction of evidence? How
certain narratives have acquired legal status whereas some other narratives
have been discredited over time? Contributions will range from ancient to
modern times to explore the modalities of ascertainment of customs, the variety
of use of expert witnessing, the interpretation of culture proposed by
litigants and defence lawyers, and more generally speaking the process of interpretation
of cultures and belonging. The above-mentioned themes are illustrative and
prospective speakers are encouraged to submit abstracts on a greater variety of
subjects related with cultural expertise in the history of law all over the
world. In order to better prepare for the publication following the workshop,
papers may contain an overview of the relevant legal framework in which
situations of cultural expertise are described as well as the analysis of the
role and impact of cultural expertise on the basis of precedents and case-law
and/or case-studies. Both theoretical and praxis based papers will be accepted.
Abstracts between 500 and 1000 words plus a short bio (indicating current
affiliation and main publications) should be sent by the 31stMarch
2018 to Livia Holden at livia.holden@csls.ox.ac.uk.
Accommodation and some meals will be provided. Subject to availability of funds
and exhaustion of the participant’s institutional resources, funds may also
cover some travel expenses. Participants are requested to clarify whether they
can bear fully or partially their own travel expenses.
More information to be found on the EURO-EXPERT Research Group's website
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