Anthropological Expertise And Legal Practice
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| Author | : Marie-Claire Foblets |
| Publisher | : Taylor & Francis |
| Total Pages | : 263 |
| Release | : 2024-06-05 |
| Genre | : Law |
| ISBN | : 1040031714 |
This book draws on concrete cases of collaboration between anthropologists and legal practitioners to critically assess the use of anthropological expertise in a variety of legal contexts from the point of view of the anthropologist as well as of the decision-maker or legal practitioner. The contributions, several of which are co-authored by anthropologist–legal practitioner tandems, deal with the roles of and relationships between anthropologists and legal professionals, which are often collaborative, interdisciplinary, and complementary. Such interactions go far beyond courts and litigation into areas of law that might be called ‘social justice activism’. They also entail close collaboration with the people –often subjects of violence and dispossession –with whom the anthropologists and legal practitioners are working. The aim of this collection is to draw on past experiences to come up with practical methodological suggestions for facilitating this interaction and collaboration and for enhancing the efficacy of the use of anthropological expertise in legal contexts. Explicitly designed to bridge the gap between theory and practice, and between scholarship and practical application, the book will appeal to scholars and researchers engaged in anthropology, legal anthropology, socio-legal studies, and asylum and migration law. It will also be of interest to legal practitioners and applied social scientists, who can glean valuable lessons regarding the challenges and rewards of genuine collaboration between legal practitioners and social scientists.
| Author | : James M. Donovan |
| Publisher | : Berghahn Books |
| Total Pages | : 252 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9781571814234 |
Legal practice renders a further important benefit to anthropology when it validates anthropological knowledge through the use of anthropologists as expert witnesses in the courtroom and the introduction of the 'culture defense' against criminal charges."--Jacket.
| Author | : Marie-Claire Foblets |
| Publisher | : Oxford University Press |
| Total Pages | : 993 |
| Release | : 2022-04-01 |
| Genre | : Law |
| ISBN | : 0192577018 |
The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
| Author | : James A.R. Nafziger |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 1084 |
| Release | : 2017-12-29 |
| Genre | : Law |
| ISBN | : 1781955182 |
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
| Author | : Mark Goodale |
| Publisher | : NYU Press |
| Total Pages | : 429 |
| Release | : 2017-05-02 |
| Genre | : Social Science |
| ISBN | : 1479836850 |
An introduction to the anthropology of law that explores the connections between law, politics, and technology From legal responsibility for genocide to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.
| Author | : Livia Holden |
| Publisher | : MDPI |
| Total Pages | : 94 |
| Release | : 2020 |
| Genre | : Social Science |
| ISBN | : 3039280503 |
Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.
| Author | : Alice Margaria |
| Publisher | : Taylor & Francis |
| Total Pages | : 249 |
| Release | : 2024-07-16 |
| Genre | : Law |
| ISBN | : 1040047580 |
The academic disciplines of law and sociocultural anthropology have a long but at times contentious history of drawing on each other in order to study and understand law and human experience in its diverse manifestations. This volume provides an innovative and engaging format by giving established and emerging scholars from diverse jurisdictions the opportunity to discuss and reflect upon what they consider to be a ‘leading work’. The collection offers a unique, multi-perspectival reconsideration of the intellectual history of the field whilst also addressing issues that are at the core of interdisciplinary legal research. Contributions shed light on the changing nature of cross-disciplinary research and collaboration, trace how disciplinary understandings of normativity have cross-fertilised each other, and reflect on choices taken within research on law and anthropology along a continuum of theoretical reflection, critique, engagement, and practical application. The book elaborates on the nature and the boundaries of law and anthropology research, as well as on its likely future development in light of the insights shared by contributors on their chosen leading works. The book will make fascinating reading for researchers and academics in both law and anthropology. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
| Author | : Nicholas V. Passalacqua |
| Publisher | : Academic Press |
| Total Pages | : 147 |
| Release | : 2018-04-12 |
| Genre | : Law |
| ISBN | : 0128120665 |
Forensic anthropologists are confronted with ethical issues as part of their education, research, teaching, professional development, and casework. Despite the many ethical challenges that may impact forensic anthropologists, discourse and training in ethics are limited. The goal for Ethics and Professionalism in Forensic Anthropology is to outline the current state of ethics within the field and to start a discussion about the ethics, professionalism, and legal concerns associated with the practice of forensic anthropology.This volume addresses: - The need for professional ethics - Current ethical guidelines applicable to forensic anthropologists and their means of enforcement - Different approaches to professionalism within the context of forensic anthropology, including issues of scientific integrity, qualifications, accreditation and quality assurance - The use of human subjects and human remains in forensic anthropology research - Ethical and legal issues surrounding forensic anthropological casework, including: analytical notes, case reports, peer review, incidental findings, and testimony - Harassment and discrimination in science, anthropology, and forensic anthropology
| Author | : Paul Burke |
| Publisher | : ANU E Press |
| Total Pages | : 336 |
| Release | : 2011-11-01 |
| Genre | : Social Science |
| ISBN | : 1921862432 |
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.
| Author | : W. Michael Reisman |
| Publisher | : BRILL |
| Total Pages | : 1207 |
| Release | : 2023-10-09 |
| Genre | : Law |
| ISBN | : 9004524835 |
This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .
