Cultural expertise and legal pluralism in the United Kingdom, France, and Italy

Abstract

This paper investigates cultural expertise as a theoretical framework guiding the use of social sciences knowledge as expertise to assess evidence in dispute resolution and rights determination in the United Kingdom, France, and Italy. With a focus on legal pluralism, the study examines whether cultural expertise can effectively reconcile multiple sources of law with state laws, thereby mitigating concerns about legal pluralism undermining the authority of state laws. The first part of the paper highlights challenges associated with recognizing multiple legal sources without a comprehensive understanding of cultural expertise, also including the objections raised against accommodating legal pluralism in diverse societies. In the second part, the paper reviews three potential models for cultural expertise: independent cultural experts with established experience and reputation, experts appointed by decision-making or investigative authorities, and a hybrid system combining both types of expertise. The analysis is informed by global legal pluralism, considering social inequalities and power dynamics as crucial factors in understanding the plurality of law. Drawing upon the perspectives of legal pluralists attentive to social inequalities, the paper concludes by exploring the potential of cultural expertise within the framework of new global legal pluralism. It argues that cultural expertise, when effectively applied, can facilitate the identification of ways in which state and non-state laws can address and alleviate inequalities. By bridging the gap between culture and law, cultural expertise holds promise for contributing to a more equitable and inclusive legal system.