ABSTRACT
The chapter “Towards Cultural Expertise” provides an in-depth exploration of the theoretical, legal, and practical underpinnings that shape the concept of cultural expertise across diverse legal systems and geographic contexts. It addresses the evolving frameworks, such as interculturalism, cultural defence, and legal pluralism, that have impacted the conceptualisation of cultural expertise to identify the knowledge of social scientists acting as expert witnesses in cases that require nuanced cultural understanding. Significant examples from around the world underscore the broad application of cultural expertise. In Europe, cases in the UK, Italy, and the Netherlands highlight how cultural expertise is used in immigration courts and criminal trials, particularly in understanding asylum claims and counter-terrorism proceedings. In North America, landmark cases such as Delgamuukw v British Columbia in Canada feature the use of oral histories and Indigenous knowledge as evidence in land claims, while in the U.S., cultural defence has been pivotal in cases involving Native Peoples and other minority groups. Latin American case law, including Awas Tingni v Nicaragua, illustrates the role of anthropologists in securing Indigenous land rights through international human rights frameworks. In Australia and New Zealand, case law demonstrates how cultural expertise is applied to Indigenous rights and cultural heritage protection, enhancing legal sensitivity to cultural diversity. Together, these cases illustrate the broad applicability of cultural expertise in promoting justice across varied legal and social landscapes, reflecting an essential bridge between law and cultural context.
