Law's anthropology : from ethnography to expert testimony in native title / Paul Burke.
Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the...
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| Main Author: | |
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| Format: | Ebook |
| Language: | English |
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Acton, A.C.T. :
ANU E Press,
[2011]
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| Subjects: | |
| Online Access: | JSTOR Open Access Table of contents |
| Summary: | Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider's perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions. |
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| Physical Description: | 1 online resource (x, 326 pages) : illustrations, maps, portraits |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 1921862432 9781921862434 1921862424 9781921862427 |