Assessing the need for cultural expertise in civil proceedings: from court’s discretion to the duty to supplement the judge’s extra-legal knowledge
In recent years, the topic of expert evidence, usually dealt with having hard sciences in mind, has been enriched with a new profile, as the increasing frequency of multicultural proceedings has prompted the debate about the so-called cultural expertise. Obstacles to the use of this type of knowle...
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| Format: | Article |
| Language: | English |
| Published: |
Marcial Pons
2025-01-01
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| Series: | Revista Ítalo-Española de Derecho Procesal |
| Subjects: | |
| Online Access: | https://www.revistasmarcialpons.es/rivitsproc/article/view/2862 |
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| Summary: | In recent years, the topic of expert evidence, usually dealt with having hard sciences in mind, has been enriched with a new profile, as the increasing frequency of multicultural proceedings has prompted the debate about the so-called cultural expertise. Obstacles to the use of this type of knowledge, however, result from a certain distrust in the usefulness of soft sciences for the judge and, more generally, from the strong discretion s/he has in deciding whether to admit expert evidence. Both factors will be critically discussed in the present paper.
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| ISSN: | 2605-5244 |