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Law's Anthropology

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ISBN: 9781921862434 Year: Pages: 326 DOI: 10.26530/OAPEN_459356 Language: English
Publisher: ANU Press
Subject: Law --- Anthropology
Added to DOAB on : 2011-11-26 11:36:55
License: ANU Press

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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: what is the relevant grouping, what can be counted as a traditional law and when has there been too much change of tradition? How will such evidence be received by judges who are becoming increasingly sceptical about experts tailoring their evidence to suit the party which called them? This book answers these questions by assuming that there is more at stake here than the mere performance of roles. Rather, there is a complex interaction of distinct social fields each with its own habitus, and individual actors are engaged in an active and constructive agency, however subtle, which the painstaking research for this book uncovers.

Heritage Politics in Adelaide

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ISBN: 9780987073037 Year: Pages: 202 DOI: 10.1017/UPO9780987073037 Language: English
Publisher: University of Adelaide Press
Subject: History
Added to DOAB on : 2012-05-14 09:52:19
License: University of Adelaide Press

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In the 1970s the Australian Commonwealth Government and three States, Victoria (1974), New South Wales (1977) and South Australia (1978), passed legislation to protect the built heritage within their jurisdictions. The legislation was primarily a response to two factors: a large number of public protests against the demolition of historic buildings in all Australian states by the 1970s and the influence of the UNESCO World Heritage Convention, which the Whitlam Government (1972-75) embraced enthusiastically. The other states, with governments that were more influenced by development interests, were slow to follow the federal lead. 

In this study, Sharon Mosler examines heritage issues and conflicts in Adelaide from enactment of the first South Australian Heritage Act in 1978 to its successor in 1993, and also analyses issues leading from that period into the twenty-first century. State legislation introduced by the Labor government of Premier Mike Rann (2002 – present) has affected the built environment significantly since this book began. The Rann government has given the built heritage a low priority in its strategic plan compared to population growth, while the Adelaide City Council has become more balanced in the past decade, although the council too has focussed on increasing Adelaide’s population. The result has been more high-rise buildings at the expense of heritage conservation and historic precincts.

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