ABSTRACT
This chapter critically examines the application of cultural expertise in civil and common law systems, using the traditional dichotomy between these frameworks to explore its integration and impact. By analysing both systems, the chapter highlights how cultural expertise positions in legal processes, albeit with varied visibility and acknowledgment due to distinct national regulations. In common law jurisdictions, cultural expertise is often explicitly referenced, as courts are required to justify the consideration of expert testimony, thereby increasing transparency and accountability. Conversely, in civil law systems, while cultural expertise may be utilized, it is often embedded within court decisions without direct acknowledgment, reflecting a procedural approach that centralizes the judge’s role. This divergence underscores the nuances of legal pluralism and the necessity for procedural adaptability, particularly as most legal systems today are hybrid, integrating both adversarial and inquisitorial elements. By positioning cultural expertise within these overlapping legal traditions, the chapter underscores its potential to enhance judicial processes across different systems and calls for greater recognition of the contextual and procedural factors that shape its effectiveness and legitimacy.
