Anthropological Expertise And Legal Practice

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Anthropological Expertise and Legal Practice

Marie-Claire Foblets,Maria Sapignoli,Brian Donahoe
Anthropological Expertise and Legal Practice Book PDF

Author : Marie-Claire Foblets,Maria Sapignoli,Brian Donahoe
Publisher : Taylor & Francis
Page : 263 pages
File Size : 40,7 Mb
Release : 2024-06-05
Category : Law
ISBN : 9781040031711

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Anthropological Expertise and Legal Practice by Marie-Claire Foblets,Maria Sapignoli,Brian Donahoe Pdf

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.

Double Vision

Anonim
Double Vision Book PDF

Author : Anonim
Publisher : John Wiley & Sons
Page : 96 pages
File Size : 49,7 Mb
Release : 2009-04-22
Category : Social Science
ISBN : 9781444307009

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Double Vision by Anonim Pdf

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

State and Legal Practice in the Caucasus

Stéphane Voell,Iwona Kaliszewska
State and Legal Practice in the Caucasus Book PDF

Author : Stéphane Voell,Iwona Kaliszewska
Publisher : Routledge
Page : 258 pages
File Size : 47,7 Mb
Release : 2016-03-09
Category : Law
ISBN : 9781317050506

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State and Legal Practice in the Caucasus by Stéphane Voell,Iwona Kaliszewska Pdf

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.

Cultural Expertise

Livia Holden
Cultural Expertise Book PDF

Author : Livia Holden
Publisher : MDPI
Page : 94 pages
File Size : 54,7 Mb
Release : 2020
Category : Social Science
ISBN : 9783039280506

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Cultural Expertise by Livia Holden Pdf

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.

Anthropology & Law

James M. Donovan,H. Edwin Anderson
Anthropology Law Book PDF

Author : James M. Donovan,H. Edwin Anderson
Publisher : Berghahn Books
Page : 252 pages
File Size : 49,6 Mb
Release : 2003
Category : Law
ISBN : 157181423X

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Anthropology & Law by James M. Donovan,H. Edwin Anderson Pdf

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.

The Life of the Law

Laura Nader
The Life of the Law Book PDF

Author : Laura Nader
Publisher : Univ of California Press
Page : 277 pages
File Size : 44,9 Mb
Release : 2002-02-28
Category : Law
ISBN : 9780520229884

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The Life of the Law by Laura Nader Pdf

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.".

The Oxford Handbook of Law and Anthropology

Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker
The Oxford Handbook of Law and Anthropology Book PDF

Author : Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker
Publisher : Oxford University Press
Page : 993 pages
File Size : 44,7 Mb
Release : 2022-04-01
Category : Law
ISBN : 9780192577016

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The Oxford Handbook of Law and Anthropology by Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker Pdf

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.

Cultural Expertise and Socio-Legal Studies

Austin Sarat
Cultural Expertise and Socio Legal Studies Book PDF

Author : Austin Sarat
Publisher : Emerald Group Publishing
Page : 216 pages
File Size : 50,5 Mb
Release : 2019-02-28
Category : Law
ISBN : 9781787695177

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Cultural Expertise and Socio-Legal Studies by Austin Sarat Pdf

In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody, adoption, land rights, and asylum.

Human Flourishing: The End of Law

W. Michael Reisman,Roza Pati
Human Flourishing The End of Law Book PDF

Author : W. Michael Reisman,Roza Pati
Publisher : BRILL
Page : 1207 pages
File Size : 52,7 Mb
Release : 2023-10-09
Category : Law
ISBN : 9789004524835

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Human Flourishing: The End of Law by W. Michael Reisman,Roza Pati Pdf

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. .

Anthropology and Law

James M. Donovan,H. Edwin Anderson
Anthropology and Law Book PDF

Author : James M. Donovan,H. Edwin Anderson
Publisher : Unknown
Page : 246 pages
File Size : 43,6 Mb
Release : 2005-12
Category : Social Science
ISBN : 1571814248

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Anthropology and Law by James M. Donovan,H. Edwin Anderson Pdf

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.

Law's Anthropology

Paul Burke
Law s Anthropology Book PDF

Author : Paul Burke
Publisher : ANU E Press
Page : 336 pages
File Size : 54,6 Mb
Release : 2011-11-01
Category : Social Science
ISBN : 9781921862434

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Law's Anthropology by Paul Burke Pdf

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.

Cultural Expertise, Law, and Rights

Livia Holden
Cultural Expertise Law and Rights Book PDF

Author : Livia Holden
Publisher : Taylor & Francis
Page : 379 pages
File Size : 45,7 Mb
Release : 2023-05-19
Category : Law
ISBN : 9781000884630

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Cultural Expertise, Law, and Rights by Livia Holden Pdf

Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, the Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences – especially law, anthropology, and sociology – and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law and other fields of law in which cultural arguments play a role. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Anthropology and Expertise in the Asylum Courts

Anthony Good
Anthropology and Expertise in the Asylum Courts Book PDF

Author : Anthony Good
Publisher : Routledge
Page : 328 pages
File Size : 52,8 Mb
Release : 2007-03-12
Category : Law
ISBN : 9781135308858

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Anthropology and Expertise in the Asylum Courts by Anthony Good Pdf

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.

The Trials and Triumphs of Teaching Legal Anthropology

Marie-Claire Foblets,Anthony Bradney,Gordon Woodman
The Trials and Triumphs of Teaching Legal Anthropology Book PDF

Author : Marie-Claire Foblets,Anthony Bradney,Gordon Woodman
Publisher : Routledge
Page : 304 pages
File Size : 51,9 Mb
Release : 2018-08-06
Category : Electronic
ISBN : 1138308331

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The Trials and Triumphs of Teaching Legal Anthropology by Marie-Claire Foblets,Anthony Bradney,Gordon Woodman Pdf

This volume addresses practical concerns of how to create space for legal anthropology in both law and anthropology programmes, and also more conceptual issues such as the ethnographic examination of the �culture� of legal institutions and systems of state laws. It is based on testimonies from anthropologists teaching in anthropology departments, and legal scholars incorporating anthropology into their law curricula, and teaching fundamental aspects of legal thinking to anthropology students. Starting from an acknowledgement that anthropologists and lawyers still often regard one another with a degree of suspicion, the authors try to bridge the apparent epistemological and ontological gulf separating the disciplines. They do so by emphasizing both the need for law students to go beyond the standard approach to law based on state-centred positivism and open their eyes to the normative diversity that exists in all plural societies. At the same time, they stress the need for anthropologists to have a solid foundation in law, legal practice, and legal procedure to more effectively deal with a number of explicitly legal issues that are emerging as important concerns to anthropologists. The collection also addresses the issue of preparing anthropologists to apply their expertise in legal settings as expert witnesses and consultants.

Legalism

Paul Dresch,Hannah Skoda
Legalism Book PDF

Author : Paul Dresch,Hannah Skoda
Publisher : Oxford University Press
Page : 128 pages
File Size : 51,8 Mb
Release : 2012-08-30
Category : Law
ISBN : 9780191641466

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Legalism by Paul Dresch,Hannah Skoda Pdf

Law and law-like institutions are visible in human societies very distant from each other in time and space. When it comes to observing and analysing such social constructs historians, anthropologists, and lawyers run into notorious difficulties in how to conceptualize them. Do they conform to a single category of 'law'? How are divergent understandings of the nature and purpose of law to be described and explained? Such questions reach to the heart of philosophical attempts to understand the nature of law, but arise whenever we are confronted by law-like practices and concepts in societies not our own. In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy.