Cultural Expertise in Sweden: A History of Its Use

• Published in: Laws
• Main Author: Annika Rabo
• Format: Article in Journal/Newspaper
• Language: English
• Published: MDPI AG 2019
• Subjects: experts; cultural experts; court cases; Sweden; Sami; Roma; immigrants; Law; K; sami
• Online Access: https://doi.org/10.3390/laws8030022; https://doaj.org/article/3eb69b7b2b294b0da333d035ecaac1bf

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.