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Author Burke, Paul, 1956-

Title Law's anthropology : from ethnography to expert testimony in native title / Paul Burke.

Published Acton, A.C.T. : ANU E Press, c 2011.


Location Call No. Status
 UniM Bail  346.94043208 BURK    AVAILABLE
Physical description x, 326 p. : ill., maps, ports. ; 25 cm.
Bibliography Includes bibliographical references (p. 281-319) and index.
Contents 1. Towards an ethnography of anthropology's encounter with modern law -- 2. Anthropological knowledge of the Murray Islands prior to the Mabo case -- 3. Beckett in Mabo -- 4. The anthropolgy of the Broome region -- 5. The anthropology of Broome on trial -- 6. The enigma of traditional western desert land tenure -- 7. Western desert ethnography on trial -- 8. Apocalypse Yulara? The emergence of a judicial discourse of 'junk' anthropology.
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.
Other formats Also issued in electronic version via the Internet.
Subject Native title (Australia) -- Law and legislation.
Judicial process.
Evidence, Expert.
ISBN 9781921862427 (pbk.)