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Anthropological Expertise and Legal Practice: In Conversation

Edited by: Marie-Claire Foblets, Maria Sapignoli, Brian Donahoe

ISBN13: 9780367540661
To be Published: June 2024
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £130.00



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.

Subjects:
Jurisprudence
Contents:
Preface and Acknowledgements
About the Contributors

Introduction: Legal Practitioners and Anthropologists in Dialogue: Returning to the Spirit of Complementarity and Collaboration
Brian Donahoe, Marie-Claire Foblets, and Maria Sapignoli
Part I: Anthropologists and Lawyers in Conversation: Case Studies
1. Collection and Use of Country of Origin Information in the British Refugee Status Determination Process: The Case of Sri Lanka
A.J. Paterson and Anthony Good
2. Depositions and Dilemmas: Anthropological Collaboration with Lawyers on Indigenous Legal Cases in Botswana
Gordon Bennett and Robert K. Hitchcock
3. Using and Refusing Indigenous Rights Law in Southern Chile
Charles Hale and Jose Aylwin
4. Evolving roles of the Cultural Expert: Anthrolegal Praxis, Friction, and the Pursuit of Justice in the Marshall Islands Nuclear Claims Tribunal Proceedings
Barbara Rose Johnston

Part II: Reflections on the Use of Expertise
5. Contributions of Ethnography of Science to Judicial Assessment of Environmental Expert Testimony: A Case Study from Risk Assessment in the Marine Environment
Melanie Wiber, Donna Curtis Maillet and Allain Barnett
6. The Predicament of Expertise in the Revival of Indigenous Legal Traditions
Ronald Niezen
7. Observations from Working as a Legal Anthropologist in the Customary Law Ascertainment Project of Namibia
Manfred O. Hinz
8. Witchcraft Beliefs and Practices in Asylum Adjudication: Impressions from Legal-anthropological Collaboration
Katia Bianchini and Sophie Andreetta
9. The Ignorance of an Expert Witness
Annika Rabo
10. Reflections on Anthropological ‘Expert’ Reports in UK Legal Asylum Cases
Deema Kaneff
11. Culture as a Matter of Fact? Reflections of an ‘Inexperienced Expert’ Doing Cultural Defence in Court
Harika Dauth
12. Beyond Case-by-Case Cultural Expertise
Ilenia Ruggiu