The Resource Law's anthropology : from ethnography to expert testimony in three native title claims

Law's anthropology : from ethnography to expert testimony in three native title claims

Label
Law's anthropology : from ethnography to expert testimony in three native title claims
Title
Law's anthropology
Title remainder
from ethnography to expert testimony in three native title claims
Creator
Subject
Genre
Language
eng
Summary
Using three case studies, thesis examines the interaction between Australian anthropologists, lawyers and judges in native title cases; it is a reaction to the oversimplified characterisation of expert tertimony as a choice between the role of advocate and independent expert (p. 320); each case study consists of two chapters, the first outling the relevant anthropological archive and the second outlining how the archive is used to formulate the expert opinion and its reception by the judge; the three case studies are the fact-finding hearing in the original Mabo decision; the Rubibi and the De Rose Hill claims; suggests a robust academic model for the anthropologist is to project expert independence is the skilful triangulation between the anthropological archive, the claimants' evidence and the legal doctrine of native title; considers whether this was done in each of the case studies; examines if and how the fields of anthropology and law have changed
http://library.link/vocab/creatorDate
1956-
http://library.link/vocab/creatorName
Burke, Paul
Dissertation note
Thesis (Ph. D)--Australian National Univeristy, 2005
http://library.link/vocab/subjectName
  • Australia
  • Australia
  • Australia
  • Anthropologists
  • Native title (Australia)
Label
Law's anthropology : from ethnography to expert testimony in three native title claims
Instantiates
Publication
Note
See also B F512.62/H1 Burke, Paul. Law's anthropology editors: Julie Finlayson, Ann Nakano-Jackson, Canberra : Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies 1996
Bibliography note
Bibliography: p. 322-342
Contents
  • Ch. 1: Towards an ethnography of anthropology's encounter with modern law: review of the literature on anthropology's engagement with modern legal processes; The fields of the Australianist and Torres Strait Islander anthropology; The juridicial field; Theorising the interaction of the fields; Beyond field theory; Methodology; Outline of the thesis -- Ch. 2: Anthropological knowledge of the Murray Islands prior to the Mabo case: Haddon's ethnology of memory culture; Beckett's competitive local politics; Laade; Kitaoji; Nonie Sharp's exemplary islanders -- Ch. 3: Beckett in Mabo: involvement of anthropologists in pre-trial preparations; The hearing; Justice Moynihan's findings of fact; Anthropologists and lawyers reflect on the case; Conclusions about the Mabo case study -- Ch. 4: The anthropology of Broome: anthropology of the Broome region; Bischofs; Daisy Bates; Radcliffe-Brown; Elkin; Piddington; Worms; Dalton; Tindale and the map-makers; The arrival of the Yawuru's linguist and the return of the anthropologists; Hosokawa; Glowcewski; Conclusion on the state of the anthropological archive prior to the hearing -- Ch. 5: The anthropology of Broome on trial: Patrick Sullivan; Strategic choice in formulating the Rubibi claims; The claimants' evidence; Sullivan's evidence; Erich Kolig; The judge; The judgement; Kolig reflects on the claim; Sullivan reflects on not educating the judge; Conclusion of the Rubibi case study -- Ch. 6: The enigma of traditional Western Desert land tenure: Elkin; Tindale; the Berndts; Strehlow; Tonkinson; Hamilton; Myers; Conclusion on the anthropological archive prior to the claim -- Ch. 7: Western Desert ethnography on trial: reserach for the claim; Pre-trial processes; The hearing; The claimants' evidence; The anthropological evidence; The judge; The judgment; The view of the full Federal Court; Conclusions about the De Rose Hill case study -- Ch. 8: Conclusion: Conclusions from case studies; How the field of anthropology has changed; How the field of law has not changed; This thesis in the fields of anthropology and law -- Appendices: Bibliographical note on anthropologists in North American land claims; The local organisation debate in Australianist anthropology; The legal doctrine of native title in the juridicial field; Federal Court rules and guidelines for expert witnesses; Written consent form; Beckett's research in the Torres Strait 1959-61; Wolfgang Laade's ethnographic notes on the Murray Islanders; Sharp's early Torres Strait Island research; Chronology of anthropological research in the Broome region; Comparison of the stages of initiation as reported by Bates and Piddington; Worms on Yawuru claims; Comparison of Bates and Worms on stages of initiation in the Broome area; Analysis of the Full Federal Court decisions in De Rose Hill; Recent postgraduate research
  • "December 2005"
Extent
345 p.
Governing access note
Open access - reading. Partial copying & use. Not for Inter-Library Loan
Immediate source of acquisition
Paul Burke;
Other physical details
ill., maps, port
Stock number
MAR06/250
Label
Law's anthropology : from ethnography to expert testimony in three native title claims
Publication
Note
See also B F512.62/H1 Burke, Paul. Law's anthropology editors: Julie Finlayson, Ann Nakano-Jackson, Canberra : Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies 1996
Bibliography note
Bibliography: p. 322-342
Contents
  • Ch. 1: Towards an ethnography of anthropology's encounter with modern law: review of the literature on anthropology's engagement with modern legal processes; The fields of the Australianist and Torres Strait Islander anthropology; The juridicial field; Theorising the interaction of the fields; Beyond field theory; Methodology; Outline of the thesis -- Ch. 2: Anthropological knowledge of the Murray Islands prior to the Mabo case: Haddon's ethnology of memory culture; Beckett's competitive local politics; Laade; Kitaoji; Nonie Sharp's exemplary islanders -- Ch. 3: Beckett in Mabo: involvement of anthropologists in pre-trial preparations; The hearing; Justice Moynihan's findings of fact; Anthropologists and lawyers reflect on the case; Conclusions about the Mabo case study -- Ch. 4: The anthropology of Broome: anthropology of the Broome region; Bischofs; Daisy Bates; Radcliffe-Brown; Elkin; Piddington; Worms; Dalton; Tindale and the map-makers; The arrival of the Yawuru's linguist and the return of the anthropologists; Hosokawa; Glowcewski; Conclusion on the state of the anthropological archive prior to the hearing -- Ch. 5: The anthropology of Broome on trial: Patrick Sullivan; Strategic choice in formulating the Rubibi claims; The claimants' evidence; Sullivan's evidence; Erich Kolig; The judge; The judgement; Kolig reflects on the claim; Sullivan reflects on not educating the judge; Conclusion of the Rubibi case study -- Ch. 6: The enigma of traditional Western Desert land tenure: Elkin; Tindale; the Berndts; Strehlow; Tonkinson; Hamilton; Myers; Conclusion on the anthropological archive prior to the claim -- Ch. 7: Western Desert ethnography on trial: reserach for the claim; Pre-trial processes; The hearing; The claimants' evidence; The anthropological evidence; The judge; The judgment; The view of the full Federal Court; Conclusions about the De Rose Hill case study -- Ch. 8: Conclusion: Conclusions from case studies; How the field of anthropology has changed; How the field of law has not changed; This thesis in the fields of anthropology and law -- Appendices: Bibliographical note on anthropologists in North American land claims; The local organisation debate in Australianist anthropology; The legal doctrine of native title in the juridicial field; Federal Court rules and guidelines for expert witnesses; Written consent form; Beckett's research in the Torres Strait 1959-61; Wolfgang Laade's ethnographic notes on the Murray Islanders; Sharp's early Torres Strait Island research; Chronology of anthropological research in the Broome region; Comparison of the stages of initiation as reported by Bates and Piddington; Worms on Yawuru claims; Comparison of Bates and Worms on stages of initiation in the Broome area; Analysis of the Full Federal Court decisions in De Rose Hill; Recent postgraduate research
  • "December 2005"
Extent
345 p.
Governing access note
Open access - reading. Partial copying & use. Not for Inter-Library Loan
Immediate source of acquisition
Paul Burke;
Other physical details
ill., maps, port
Stock number
MAR06/250

Library Locations

    • Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)Borrow it
      51 Lawson Cres, Acton, ACT, 2601, AU
      -35.292556 149.118617
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