scholarly journals Cultural Expertise in Sweden: A History of Its Use

Laws ◽  
2019 ◽  
Vol 8 (3) ◽  
pp. 22 ◽  
Author(s):  
Annika Rabo

This paper is a case study of the use of cultural experts, broadly defined as including mediators and academicians with a variety of backgrounds, in Sweden. It draws on data collected through qualitative interviews with cultural experts, by following court cases through legal documents, mass media and other printed material, and by my own experience as a cultural expert. The paper provides a context to the potential application of the concept of cultural expertise regarding the appointment of such experts by lawyers, prosecutors and courts. It analyzes cases concerning the Sami, the Roma and recent immigrants from Africa and Asia. The Sami cases revolve around conflicts with the Swedish state over rights and ownership. The Roma cases revolve around questions of ethnic discrimination. Cases of immigrants from outside Europe consist of individual criminal cases and asylum. I argue that Swedish ideas—and ideals—of sameness and equality have had an impact on the legal cases that I discuss in this paper. While the legal issues in each of these cases differ, the paper argues that they demonstrate a similarity in how Swedish-majority society manages and even creates cultural differences. I conclude by showing the ways culture, rights, and obligations are understood in courts reflect mainstream trends of Swedish society and suggest the need for cultural expertise in the form of interdisciplinary collaboration.

2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.


Author(s):  
Michel A. Cramer Bornemann ◽  
Mark R. Pressman

Parasomnias are complex behaviors occurring out of or during sleep. Parasomnias are increasingly presented as proof of an automatism in criminal cases involving violence. The sleep forensics expert must have an up-to-date understanding of current sleep science and research, diagnostic and clinical techniques, and the legal requirements of expert testimony and scientific evidence. Sleepwalking and related disorders typically follow sudden, partial awakenings from deep sleep. Higher-level cognition is severely limited or absent, and complex behaviors often consist of “automatic” behaviors not initiated or guided by memory or planning. Sleepwalking and related disorders are noted to occur during deep sleep and often require a genetic predisposition or priming factors. Prior cases of sleepwalking violence find that the victim of sleepwalking violence—most often a family member—seeks out the sleepwalker. The history of sleepwalking includes reports of episodes and sometimes criminal court cases of murder, assault, and rape.


Author(s):  
Allan Burns ◽  

Anthropologists have worked in legal arenas as experts on civil, criminal, and asylum cases throughout the history of the discipline. Today expert witnesses give opinions on the conditions of countries where immigrants flee, and that work includes ethnographic interviewing, research into the causes of political and social violence, and appearing in court through written affidavits and personal testimony. Expert testimony today includes helping in the defense of people fleeing intimate partner violence, persecution based on sexual orientation, threats and violence by gangs, and those whose political opinions put them at risk. Immigrants in the United States face institutional culture shock, structural violence, and criminalization of their lives. Case studies of immigration, civil, and criminal cases illustrate how theory and practice intersect in the harsh light of court cases.


2018 ◽  
Vol 69 (1) ◽  
pp. 21-48
Author(s):  
Tadeusz Maciejewski ◽  
Cezary Wołodkowicz

The article presents the rules of appeal proceedings in civil and criminal cases in the Napoleonic Free City of Danzig. The appeals took place before the Revision Commissions which were appointed for civil cases in October 1809 a nd for criminal cases in February 1810. Furthermore, the paper delineates their organizational structure as well as the method of making the final decision (rejecting or accepting the Commission’s decision). The contents of this article were based on the rules and regulations which governed the Commissions which hitherto were not used in research. Moreover, the judiciary and the appeals systems were described in the projects of the constitution of the Free City of Danzig (Danzig Senate from 1807, a project by the mayor of Danzig – Gottlieb Hufeland, as well as a project by the French resident Nicolas Massias). However, these plans were not introduced but they were substituted by the rules and regulations of the Revision Commissions. This serves as an illustration of the French influence on the law in Danzig in the Napoleonic era of the Free City. Also the appeal process in the Napoleonic Free City of Danzig was presented against the backdrop of the general history of appeals in the course of legal cases before the judiciary in Danzig. This facilitates the observation of the changes which took place in the course of legal cases throughout history. In particular, it helps in the observations made at the turn of the 18th century as it was the period when the law transformed from Feudalism to Bourgeoisie.


2021 ◽  
Vol 8 (1) ◽  
pp. 98-103
Author(s):  
Ju Yoen Lee

Research and publication misconduct may occur in various forms, including author misrepresentation, plagiarism, and data fabrication. Research and publication ethics are essentially not legal duties, but ethical obligations. In reality, however, legal disputes arise over whether research and publication ethics have been violated. Thus, in many cases, misconduct in research and publication is determined in the courts. This article presents noteworthy legal cases in Korea regarding research and publication ethics to help editors and authors prevent ethical misconduct. Legal cases from 2009 to 2020 were collected from the database of the Supreme Court of Korea in December 2020. These court cases represent three case types: 1) civil cases, such as affirmation of nullity of dismissal and damages; 2) criminal cases, such as fraud, interference with business, and violations of copyright law; and 3) administrative cases related to disciplinary measures against professors affiliated with a university. These cases show that although research and publication ethics are ethical norms that are autonomously established by the relevant academic societies, they become a criterion for case resolution in legal disputes where research and publication misconduct is at issue.


Author(s):  
Tom Johnson

There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts to understand this complex institutional form of ‘legal pluralism’. Law in Common provides a way of apprehending this complexity by drawing out broader patterns of legal engagement. The first half of the book explores four ‘local legal cultures’ – in the countryside, towns and cities, the maritime world, and Forests – that grew up around legal institutions, landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law. The second half of the book turns to examine ‘common legalities’, widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English as a legal vernacular, and the proliferation of legal documents, it offers a new way to understand how common people engaged with law in the course of their everyday lives. Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century through legality.


2017 ◽  
Vol 7 (2) ◽  
pp. 163-170 ◽  
Author(s):  
Christopher M. Milroy ◽  
Charis Kepron

Sudden infant death syndrome (SIDS) has been used as a cause of death for over four decades. It has allowed deaths of infants to be registered as natural. Within this group of deaths, a certain number have been recognized to be homicides from inflicted smothering rather than being natural or accidental deaths. Research has been conducted using confidential inquires to determine how frequent homicide is in cases called SIDS. This paper traces the history of quoted rates of homicide. Early work suggested the figure was between 2-10% of all SIDS cases, though other workers have suggested figures as high as 20-40%. With the fall in the rate of infant deaths following the “Back to Sleep” campaigns, these figures have been reevaluated. If the higher figures were correct that 20-40% of SIDS were homicides, the fall in infant deaths would be expected to be less than it has been. Current data suggests a much lower figure than 10% of current cases, with much lower overall rates of infant deaths. As well as 10% of SIDS cases having been stated to be homicides, a related question is whether multiple deaths classified as SIDS are really homicides. The paper discusses the maxim that one death is a tragedy, two is suspicious, and three deaths indicate homicide. The paper also looks at court cases and the approach that has been made in prosecutions of sudden unexpected death in infancy as multiple murder.


Music ◽  
2021 ◽  
Author(s):  
Ardis Butterfield ◽  
Elizabeth Hebbard

In the 12th and 13th centuries, the troubadours in Occitania and the trouvères in northern France composed songs with texts in the vernacular and monophonic melodies. For the troubadours, the vernacular was Old Occitan; for their northern counterparts, Old French. This difference in idiom is sometimes held to mark a distinction between two separate but analogous traditions of medieval song. The medieval practices of compiling multilingual lyric anthologies and of borrowing melodies seem instead to affirm the contiguity of song culture across different languages. The term “lyric” during this period typically designates a text set to melody, but not all manuscripts of troubadour and trouvère lyric preserve song melodies. Music survives for nearly half of the trouvère repertory (about three thousand songs) but only about 10 percent of the twenty-six hundred extant troubadour songs. The compositional period for troubadours and trouvères is conventionally defined rather rigidly as 1100–1300, and the songs themselves as strophic and monophonic. However, the troubadours and trouvères also composed in non-strophic genres (lais and descorts), and the trouvères composed in non-musical lyric genres (congés, dits) as well as in polyphonic forms. Adam de la Halle and Jehan de Lescurel, for example, produced small but significant collections of single-text polyphonic pieces. Of course, the composition of French and Occitan song also continued beyond 1300, albeit in different social and cultural contexts, by which point the long history of its study and reception had already begun. Some of the most important reference works, such as the Pillet-Carstens Bibliographie, date from the early 20th century and come from France and Germany, while Anglophone publications on troubadour and trouvère music only began to emerge in the second half of the 20th century. Modern scholars continually renew this material by bringing it into conversation with critical theory (Giving Voice to Love: Song and Self-Expression from the Troubadours to Guillaume de Machaut, cited under General Studies), feminist theory (Songs of the Women Trouvères, cited under Anthologies), and social history (The Owl and the Nightingale: Musical Life and Ideas in France 1100–1300, cited under Musical, Literary, Social, and Political Studies; The World of the Troubadours: Medieval Occitan Society, c. 1100-c.1300 and Parler d’amour au puy d’Arras: Lyrique en jeu, both cited under Regional Studies). The vibrancy in troubadour and trouvère scholarship also comes from interdisciplinary collaboration and exchange among musicologists, historians, paleographers, and literary scholars. Despite their shared primary sources, the fields of musicology and of literary studies have approached troubadour and trouvère material differently, and with different emphases. In part, these differences can be ascribed to the difficulty of defining a corpus of study, which does not always overlap for the two fields. The organization of this article echoes some of these tensions between older but fundamental reference works and newer directions of inquiry, and the sometimes separate, sometimes unified, treatment of troubadour and trouvère song.


1995 ◽  
Vol 13 (2) ◽  
pp. 179-192 ◽  
Author(s):  
Lewis A. Sussman

Abstract: A major focus of the school themes in the collections of Roman declamations knowrn as controversiae (practice court cases) is the period of a young man's adolescence, and especially his relationship with his father during this period. In part this can be explained because teachers in the private schools of rhetoric selected themes that naturally appealed to their students——male adolescents in their mid and late teens. This focus is especially notable in the Major Declamations, and since they are the only full examples of controversiae,the phenomenon can most easily be explored in reference to this werk. In its nineteen declamations youths are generally portrayed sympathetically, in contrast to their fathers who are often cruel and harsh. Relations between the two are generally very strained. The themes were popular because they reflected the reality of growing up in a paternally dominated society where fathers had absolute power(even of life and death) over their sons. These declamations therefore had a cathartic effect and escapist value fer Roman teenaged boys,who could vent or explore in legitimate and acceptable ways their repressed, pent-up, and often hostile feelings toward their fathers. The declamations therefore provide an important resource, when used judiciously, for associating social history with the history of rhetoric.


2018 ◽  
Vol 331 ◽  
pp. 131-140
Author(s):  
Bálint Molnár

This paper presents a proposal for reconciliation between the warehouse of legal documents created during legislation and Knowledge Warehouse that is dedicated to assisting both citizens and public officers in the procedural legal rules of Public Administration in Hungary. The Knowledge Warehouse contains several thousand detailed rules that describe how to manage and handle life events of citizens. This description can be considered as generic legal cases within legal procedures of authorities. The citizens trigger specific instances of the generic ones. The evolving Knowledge Warehouse main purpose is to enable citizens to get their specific legal cases started either through Web on the Government Portal or with the help of public officers. The Knowledge Warehouse will be extended by ontologies and semantic search capabilities. An Integrated System for Supporting of Codification will be created in an on-going project that will serve as sound basis for the National Warehouse of Legal Rules. The National Warehouse pursues the prescription of MetaLex legal standards in the case of representation of electronic legal documents. The two Warehouse are strongly coupled to each other. However, the syntactic and semantic structure of both differs profoundly. The representation of e-documents within the National Warehouse is in line with ELI, the European Legislation Identifier, even the ontologies and attached semantic description concentrates on the legal documents structural elements and their interpretation. The Knowledge Warehouse focuses on ontologies of life events and procedures of authorities to leverage semantic searching. The proposed solution tries to reconcile and integrate the two differing approaches.


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