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 |dTEF|dEBLCP|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 index. 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 description. 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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