Oral History on Trial: Recognizing Aboriginal Narratives in the Courts by Bruce

Description: Oral History on Trial by Bruce Granville Miller This compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence argues for the inclusion of Aboriginal oral histories in Canadian courts, and pushes for a reconsideration of the Crowns approach to oral history. FORMAT Paperback LANGUAGE English CONDITION Brand New Publisher Description In many western countries, judicial decisions are based on "black letter law" – text-based, well-established law. Within this tradition, testimony based on what witnesses have heard from others, known as hearsay, cannot be considered as legitimate evidence. This interdiction, however, presents significant difficulties for Aboriginal plaintiffs who rely on oral rather than written accounts for knowledge transmission.This important book 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, Oral History on Trial traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crowns use of Aboriginal materials in key cases.A bold intervention in legal and anthropological scholarship, this book is a timely consideration of an urgent issue facing Indigenous communities worldwide and the courts hearing their cases. Flap This important book breaks new ground by asking how oral histories might be incorporated into existing text-based, "black letter law" court systems. Along with a compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence, Oral History on Trial traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crowns use of Aboriginal materials in key cases. A bold intervention in legal and anthropological scholarship, Oral History on Trial presents a powerful argument for a reconsideration of the Crowns approach to oral history. Author Biography Bruce Granville Miller is a professor of anthropology at the University of British Columbia. Table of Contents PrefaceAcknowledgmentsIntroduction1 Issues in Law and Social Science2 The Social Life of Oral Narratives3 Aboriginal and Other Perspectives4 Court and Crown5 The Way Forward? An Anthropological View6 ConclusionsReferencesIndex Review Oral History on Trial is a long overdue and important book with huge potential to shift the debates concerning the role of Indigenous oral histories and their narrators in the Canadian courts and beyond. -- Wendy Wickwire, The Johns Hopkins University Press * Journal of Colonialism and Colonial History, Vol. 14 No. 3 * Promotional A powerful argument for the inclusion of Aboriginal oral histories in Canadian courts of law. Long Description In many western countries, judicial decisions are based on "black letter law" - text-based, well-established law. Within this tradition, testimony based on what witnesses have heard from others, known as hearsay, cannot be considered as legitimate evidence. This interdiction, however, presents significant difficulties for Aboriginal plaintiffs who rely on oral rather than written accounts for knowledge transmission. This important book 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, Oral History on Trial traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crowns use of Aboriginal materials in key cases. A bold intervention in legal and anthropological scholarship, this book is a timely consideration of an urgent issue facing Indigenous communities worldwide and the courts hearing their cases. Review Quote 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. - John Borrows, author of Drawing Out Law: A Spirits Guide Promotional "Headline" A powerful argument for the inclusion of Aboriginal oral histories in Canadian courts of law. Description for Reader 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 Crowns 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 Crowns 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. Details ISBN0774820713 Author Bruce Granville Miller Short Title ORAL HIST ON TRIAL Language English ISBN-10 0774820713 ISBN-13 9780774820714 Media Book Format Paperback Year 2012 Imprint University of British Columbia Press Subtitle Recognizing Aboriginal Narratives in the Courts Place of Publication Vancouver Country of Publication Canada Birth 1951 UK Release Date 2012-01-01 Publication Date 2012-01-01 Pages 212 Publisher University of British Columbia Press DEWEY 342.710872 Audience Professional & Vocational We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:161752308;

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