MARC Record from marc_oapen

LEADER: 02385 am a22003013u 450
001 459356
005 20131112
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008 131112s|||| xx o 0 u eng |
020 $a9781921862434
024 7 $a10.26530/OAPEN_459356$2doi
041 0 $aeng
042 $adc
072 7 $aJHM$2bicssc
072 7 $aL$2bicssc
100 1 $aBurke, Paul$4aut
245 10 $aLaw's Anthropology
260 $aCanberra$bANU Press$c2011
300 $a326
520 $aAnthropologists 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.
546 $aEnglish.
650 7 $aAnthropology$2bicssc
650 7 $aLaw$2bicssc
653 $aaustralia
653 $alaw and legislation
653 $aanthropology
856 40 $uhttp://www.oapen.org/download?type=document&docid=459356$zAccess full text online
856 40 $uhttp://press.anu.edu.au/about/conditions-use$zLicense