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LEADER 00000cam  2200481Ia 4500 
001    ocn794697905 
003    OCoLC 
005    20170317064146.4 
006    m     o  d         
007    cr cnu---unuuu 
008    120508s2011    at abco ob    001 0 eng d 
020    9781921862434|q(electronic bk.) 
020    1921862432|q(electronic bk.) 
020    |z9781921862427|q(paperback) 
020    |z1921862424|q(paperback) 
035    (OCoLC)794697905 
040    CN8ML|beng|epn|cCN8ML|dDOS|dOCLCQ|dJSTOR|dZMC|dS8B|dOCLCQ
049    CKEA 
050  4 KU716.7|b.B87 2011eb online 
072  7 SOC002010|2bisacsh 
072  7 LAW110000|2bisacsh 
082 04 346.9404320899915|223 
100 1  Burke, Paul,|d1956-|eauthor. 
245 10 Law's anthropology :|bfrom ethnography to expert testimony
       in native title /|cPaul Burke. 
264  1 Canberra, AT :|bANU E Press,|c2011. 
300    1 online resource (x, 326 pages) :|billustrations, map, 
       portrait, photographs 
336    text|btxt|2rdacontent 
337    computer|bc|2rdamedia 
338    online resource|bcr|2rdacarrier 
504    Includes bibliographical references (pages 281-319) and 
505 0  Towards an Ethnography of Anthropology's Encounter with 
       Modern Law -- Anthropological Knowledge of the Murray 
       Islands Prior to the Mabo Case -- Beckett in Mabo -- The 
       Anthropology of the Broome Region -- The Anthropology of 
       Broome on Trial -- The Enigma of Traditional Western 
       Desert Land Tenure -- Western Desert Ethnography on Trial 
       -- Apocalypse Yulara? The emergence of a judicial 
       discourse of 'junk' anthropology. 
520    "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"--Publisher's 
588 0  Online resource; title from PDF title page (Directory of 
       Open Access Books, viewed June 5, 2012). 
650  0 Native title (Australia)|xLaw and legislation. 
650  0 Judicial process. 
650  0 Evidence, Expert. 
650  7 SOCIAL SCIENCE|xAnthropology|xCultural.|2bisacsh 
653  0 Anthropology 
914    ocn794697905 
994    92|bCKE 
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