Law's Anthropology : From ethnography to expert testimony in native title (Record no. 55692)

MARC details
000 -LEADER
fixed length control field 03189naaaa2200421uu 4500
001 - CONTROL NUMBER
control field https://directory.doabooks.org/handle/20.500.12854/32363
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
International Standard Book Number OAPEN_459356
024 7# - OTHER STANDARD IDENTIFIER
Standard number or code 10.26530/OAPEN_459356
Terms of availability doi
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title English
042 ## - AUTHENTICATION CODE
Authentication code dc
072 #7 - SUBJECT CATEGORY CODE
Subject category code JHM
Source bicssc
072 #7 - SUBJECT CATEGORY CODE
Subject category code L
Source bicssc
100 1# - MAIN ENTRY--PERSONAL NAME
Personal name Burke, Paul
Relationship auth
245 10 - TITLE STATEMENT
Title Law's Anthropology : From ethnography to expert testimony in native title
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Place of publication, distribution, etc. Canberra
Name of publisher, distributor, etc. ANU Press
Date of publication, distribution, etc. 2011
300 ## - PHYSICAL DESCRIPTION
Extent 1 electronic resource (326 p.)
506 0# - RESTRICTIONS ON ACCESS NOTE
Terms governing access Open Access
Source of term star
Standardized terminology for access restriction Unrestricted online access
520 ## - SUMMARY, ETC.
Summary, etc. 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.
540 ## - TERMS GOVERNING USE AND REPRODUCTION NOTE
Terms governing use and reproduction All rights reserved
-- http://oapen.org/content/about-rights
546 ## - LANGUAGE NOTE
Language note English
650 #7 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Anthropology
Source of heading or term bicssc
650 #7 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Law
Source of heading or term bicssc
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term australia
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term law and legislation
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term anthropology
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Aboriginal Australians
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Aboriginal title
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Broome
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Western Australia
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Ethnography
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Expert witness
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Land tenure
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Yawuru
856 40 - ELECTRONIC LOCATION AND ACCESS
Host name www.oapen.org
Uniform Resource Identifier <a href="https://library.oapen.org/bitstream/20.500.12657/33698/1/459356.pdf">https://library.oapen.org/bitstream/20.500.12657/33698/1/459356.pdf</a>
Access status 0
Public note DOAB: download the publication
856 40 - ELECTRONIC LOCATION AND ACCESS
Host name www.oapen.org
Uniform Resource Identifier <a href="https://library.oapen.org/bitstream/20.500.12657/33698/1/459356.pdf">https://library.oapen.org/bitstream/20.500.12657/33698/1/459356.pdf</a>
Access status 0
Public note DOAB: download the publication
856 40 - ELECTRONIC LOCATION AND ACCESS
Host name www.oapen.org
Uniform Resource Identifier <a href="https://library.oapen.org/bitstream/20.500.12657/33698/1/459356.pdf">https://library.oapen.org/bitstream/20.500.12657/33698/1/459356.pdf</a>
Access status 0
Public note DOAB: download the publication
856 40 - ELECTRONIC LOCATION AND ACCESS
Host name www.oapen.org
Uniform Resource Identifier <a href="https://directory.doabooks.org/handle/20.500.12854/32363">https://directory.doabooks.org/handle/20.500.12854/32363</a>
Access status 0
Public note DOAB: description of the publication

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