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Anthropological Expertise and Legal Practice: In Conversation

Anthropological Expertise and Legal Practice: In Conversation

Author: Marie-Claire Foblets; Maria Sapignoli; Brian Donahoe
Publisher: Routledge
ISBN: 9780367540661
Published In: June 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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