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Anthropological Expertise And Legal Practice
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Book Synopsis Anthropological Expertise and Legal Practice by : Marie-Claire Foblets
Download or read book Anthropological Expertise and Legal Practice written by Marie-Claire Foblets and published by Taylor & Francis. This book was released on 2024-06-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Double Vision written by and published by John Wiley & Sons. This book was released on 2009-04-22 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: NAPA Bulletin is a peer reviewed occasional publication of the National Association for the Practice of Anthropology, dedicated to the practical problem-solving and policy applications of anthropological knowledge and methods. peer reviewed publication of the National Association for the Practice of Anthropology dedicated to the practical problem-solving and policy applications of anthropological knowledge and methods most editions available for course adoption
Book Synopsis The Oxford Handbook of Law and Anthropology by : Marie-Claire Foblets
Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022-04-01 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Anthropology & Law by : James M. Donovan
Download or read book Anthropology & Law written by James M. Donovan and published by Berghahn Books. This book was released on 2003 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Cultural Expertise by : Livia Holden
Download or read book Cultural Expertise written by Livia Holden and published by MDPI. This book was released on 2020 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis State and Legal Practice in the Caucasus by : Stéphane Voell
Download or read book State and Legal Practice in the Caucasus written by Stéphane Voell and published by Routledge. This book was released on 2016-03-09 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism and the experience of the state in the Caucasus are at the centre of this edited volume. This is a region affected by a multitude of legal orders and the book describes social action and governance in the light of this, and considers how conceptions of order are enforced, used, followed and staged in social networks and legal practice. Principally, how is the state perceived and how does it perform in both the North and South Caucasus? From elections in Dagestan and Armenia to uses of traditional law in Ingushetia and Georgia, from repression of journalism in Azerbaijan to the narrations of anti-corruption campaigns in Georgia - the text reflects the multifarious uses and performances of law and order. The collection includes approaches from different scholarly traditions and their respective theoretical background and therefore forms a unique product of multinational encounters. The volume will be a valuable resource for legal and political anthropologists, ethnohistorians and researchers and academics working in the areas of post-socialism and post-colonialism.
Book Synopsis Comparative Law and Anthropology by : James A.R. Nafziger
Download or read book Comparative Law and Anthropology written by James A.R. Nafziger and published by Edward Elgar Publishing. This book was released on with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Anthropology and Law by : Mark Goodale
Download or read book Anthropology and Law written by Mark Goodale and published by NYU Press. This book was released on 2017-05-02 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Life of the Law by : Laura Nader
Download or read book The Life of the Law written by Laura Nader and published by Univ of California Press. This book was released on 2002-02-28 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nader traces the evolution of the plaintiff's role in the United States in the second half of the twentieth century and convincingly argues that the atrophy of the plaintiff's power during this period undermines democracy.".
Book Synopsis Anthropology and Law by : James M. Donovan
Download or read book Anthropology and Law written by James M. Donovan and published by . This book was released on 2005-12 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between Law and Anthropology can be considered as having been particularly intimate. In this book the authors defend their assertion that the two fields co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology, for example, offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems. 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. Although the actual relationship between anthropology and law today falls short of this idealized state of balanced reciprocity, the authors include historical and other data suggesting that that level of intimate cooperation draws ever closer.
Book Synopsis Applications of Anthropology by : Sarah Pink
Download or read book Applications of Anthropology written by Sarah Pink and published by Berghahn Books. This book was released on 2006 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the beginning of the twenty-first century the demand for anthropological approaches, understandings and methodologies outside academic departments is shifting and changing. Through a series of fascinating case studies of anthropologists’ experiences of working with very diverse organizations in the private and public sector this volume examines existing and historical debates about applied anthropology. It explores the relationship between the "pure and the impure" – academic and applied anthropology, the question of anthropological identities in new working environments, new methodologies appropriate to these contexts, the skills needed by anthropologists working in applied contexts where multidisciplinary work is often undertaken, issues of ethics and responsibility, and how anthropology is perceived from the ‘outside’. The volume signifies an encouraging future both for the application of anthropology outside academic departments and for the new generation of anthropologists who might be involved in these developments.
Book Synopsis Anthropological Praxis by : Robert M. Wulff
Download or read book Anthropological Praxis written by Robert M. Wulff and published by Routledge. This book was released on 2019-04-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of original case studies describing anthropological knowledge successfully translated into action. It describes the targeted problem or issue, his or her role as an anthropologist, the specific anthropological skills or knowledge used, and the results of the work.
Book Synopsis Human Flourishing: The End of Law by : W. Michael Reisman
Download or read book Human Flourishing: The End of Law written by W. Michael Reisman and published by BRILL. This book was released on 2023-10-09 with total page 1207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. .
Download or read book Law's Anthropology written by Paul Burke and published by ANU E Press. This book was released on 2011-11-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Anthropology and Expertise in the Asylum Courts by : Anthony Good
Download or read book Anthropology and Expertise in the Asylum Courts written by Anthony Good and published by Routledge. This book was released on 2007-03-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although asylum has generated unparalleled levels of public and political concern over the past decade, there has been astonishingly little field research on the topic. This is a study of the legal process of claiming asylum from an anthropological perspective, focusing on the role of expert evidence from 'country experts' such as anthropologists. It describes how such evidence is used in assessments of asylum claims by the Home Office and by adjudicators and tribunals hearing asylum appeals. It compares uses of social scientific and medical evidence in legal decision-making and analyzes, anthropologically, the legal uses of key concepts from the 1951 Refugee Convention, such as 'race', 'religion', and 'social group'. The evidence is drawn from field observation of more than 300 appeal hearings in London and Glasgow; from reported case law and from interviews with immigration adjudicators, tribunal chairs, barristers and solicitors, as well as expert witnesses.
Book Synopsis Ethics and Professionalism in Forensic Anthropology by : Nicholas V. Passalacqua
Download or read book Ethics and Professionalism in Forensic Anthropology written by Nicholas V. Passalacqua and published by Academic Press. This book was released on 2018-04-12 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Australian Native Title Anthropology by : Kingsley Palmer
Download or read book Australian Native Title Anthropology written by Kingsley Palmer and published by ANU Press. This book was released on 2018-05-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.
