Law’s Anthropology

Law’s Anthropology

作者:Burke, Paul
ISBN:9781921862434
语言:English
出版社:ANU Press
格式:Pdf
资源下载
此资源为免费资源,请先后下载

Keywords

australia; law and legislation; anthropology; Aboriginal Australians; Aboriginal title; Broome; Western Australia; Ethnography; Expert witness; Land tenure; Yawuru

Abstract

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: what is the relevant grouping, what can be counted as a traditional law and when has there been too much change of tradition? How will such evidence be received by judges who are becoming increasingly sceptical about experts tailoring their evidence to suit the party which called them? This book answers these questions by assuming that there is more at stake here than the mere performance of roles. Rather, there is a complex interaction of distinct social fields each with its own habitus, and individual actors are engaged in an active and constructive agency, however subtle, which the painstaking research for this book uncovers.

资源下载此资源仅限注册用户下载,请先
资源下载
作者:Burke, Paul
ISBN:9781921862434
语言:English
出版社:ANU Press
格式:Pdf

如果您有任何问题,请随时与我们联系,谢谢。Law’s Anthropology 内容均搜集于网络,本身不存储任何资源,如侵犯到您的权益,请提交反馈,我们将配合您第一时间删除。

0
封面图

评论0