E-book
Oral history on trial : recognizing Aboriginal narratives in the courts
Record details
- ISBN: 0774820713
- ISBN: 9780774820738
- ISBN: 9780774820714
- ISBN: 0774820705
- ISBN: 9780774820707
- ISBN: 9781283245647
- ISBN: 1283245647
- ISBN: 0774820721
- ISBN: 9780774820721
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Physical Description:
1 online resource (195 pages)
remote - Publisher: Vancouver ; Toronto : UBC Press, ©2011.
Content descriptions
| Bibliography, etc. Note: | Includes bibliographical references (pages 177-189) and index. |
| Formatted Contents Note: | 1. Issues in Law and Social Science -- 2. The Social Life of Oral Narratives -- 3. Aboriginal and Other Perspectives -- 4. Court and Crown -- 5. The Way Forward? An Anthropological View. |
| Source of Description Note: | Print version record. |
Search for related items by subject
| Genre: | electronic book > ebook |
Electronic resources
- Baker & Taylor
"Thoroughly documented and clearly written, Oral History on Trial is sure to become a leading work in the field. It discusses the standards considered authoritative when undertaking research about Aboriginal peoples and it scrutinizes the way in which law and the courts deal with Aboriginal oral narratives. Raising and resolving key issues about the admissibility and weight of evidence in courtrooms, it is an invaluable resource for judges, lawyers, and legal scholars, as well as anthropologists, historians, and Indigenous rights researchers"--J. Borrows (review, publisher's website). - Baker & Taylor
"In most English-speaking countries, including Canada, 'black letter law'--text-based, firmly entrenched law--is the legal standard upon which judicial decisions are made. Within this tradition, courts are forbidden from considering hearsay--testimony based on what witnesses have heard from others. Such an interdiction presents significant difficulties for Aboriginal plaintiffs who rely on oral rather than written accounts for knowledge transmission. In this important book, anthropologist Bruce GranvilleMiller breaks new ground by asking how oral histories might be incorporated into the existing court system. Through compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence, Miller traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crown's use of Aboriginal materials in key cases, including the watershed Delgamuukw trial. A bold intervention in legal and anthropological scholarship, Oral History on Trial presents a powerful argument for a reconsideration of the Crown's approach to oral history. Students and scholars of Aboriginal affairs, anthropology, oral history, and law, as well as lawyers, judges, policymakers, and Aboriginal peoples will appreciate its careful consideration of an urgent issue facing Indigenous communities worldwide and the courts hearing their cases"--Publisher's website. - Book News
Miller (anthropology, U. of British Columbia) notes that numerous countries rely on "black letter law," otherwise known as text-based and well-established law. So what happens when Aboriginals, who use oral rather than written language to teach or transmit knowledge, when they appear in court? The author explores how Aboriginal narratives have been used in Canadian courts, and addresses the concern that Aboriginals cannot adequately offer their own evidence during litigation. He also addresses larger related issues as he builds his argument for allowing oral narratives in Canadian court proceedings, in addition to conflicting thought and other perspectives--and the thinking of the courts and the Crown, both of which have raised serious questions regarding oral materials. U.S. distribution by U. of Washington Press; Canadian by U. of Toronto Press. Annotation ©2011 Book News, Inc., Portland, OR (booknews.com) - Univ of Washington Pr
In most English-speaking countries, including Canada, "black letter law" - text-based, firmly entrenched law - is the legal standard upon which judicial decisions are made. Within this tradition, courts are forbidden from considering hearsay - testimony based on what witnesses have heard from others. Such an interdiction presents significant difficulties for Aboriginal plaintiffs who rely on oral rather than written accounts for knowledge transmission.
In this important book, anthropologist Bruce Granville Miller breaks new ground by asking how oral histories might be incorporated into the existing court system. Through compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence, Miller traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crown's use of Aboriginal materials in key cases, including the watershed Delgamuukw trial.
A bold intervention in legal and anthropological scholarship, Oral History on Trial presents a powerful argument for a reconsideration of the Crown's approach to oral history. Students and scholars of Aboriginal affairs, anthropology, oral history, and law, as well as lawyers, judges, policymakers, and Aboriginal peoples will appreciate its careful consideration of an urgent issue facing Indigenous communities worldwide and the courts hearing their cases.
