{"title":"澳大利亚土著法律案件中的人类学:我从法律中学到了什么,律师从我中学到了什么","authors":"David S. Trigger","doi":"10.1080/00664677.2023.2278402","DOIUrl":null,"url":null,"abstract":"Reflecting on several decades of my applied research, expert witness roles and a forensic methodology, this article addresses the application of anthropological studies in Australian legal cases concerned with various aspects of Indigenous customary law. In the context of traditional land claims, cultural heritage assessments and native title, both the achievements and challenges for anthropological inquiries are canvassed. Against arguments from some academics that applied work is intellectually inferior and politically compromised, the article reports my experiences in an arena of complex and enriching social science inquiry. The article engages with Indigenous land aspirations in a settler society while considering the implications of cultural change and adaptation, strategies of recuperation of customary knowledge, and the robustness required for successful anthropological studies of this kind.","PeriodicalId":45505,"journal":{"name":"Anthropological Forum","volume":"133 31","pages":"0"},"PeriodicalIF":0.9000,"publicationDate":"2023-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Anthropology in Australian Indigenous Legal Cases: What I've Learned from the Law and What Lawyers Have Learned from Me\",\"authors\":\"David S. Trigger\",\"doi\":\"10.1080/00664677.2023.2278402\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Reflecting on several decades of my applied research, expert witness roles and a forensic methodology, this article addresses the application of anthropological studies in Australian legal cases concerned with various aspects of Indigenous customary law. In the context of traditional land claims, cultural heritage assessments and native title, both the achievements and challenges for anthropological inquiries are canvassed. Against arguments from some academics that applied work is intellectually inferior and politically compromised, the article reports my experiences in an arena of complex and enriching social science inquiry. The article engages with Indigenous land aspirations in a settler society while considering the implications of cultural change and adaptation, strategies of recuperation of customary knowledge, and the robustness required for successful anthropological studies of this kind.\",\"PeriodicalId\":45505,\"journal\":{\"name\":\"Anthropological Forum\",\"volume\":\"133 31\",\"pages\":\"0\"},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2023-11-13\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Anthropological Forum\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/00664677.2023.2278402\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"ANTHROPOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Anthropological Forum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/00664677.2023.2278402","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ANTHROPOLOGY","Score":null,"Total":0}
Anthropology in Australian Indigenous Legal Cases: What I've Learned from the Law and What Lawyers Have Learned from Me
Reflecting on several decades of my applied research, expert witness roles and a forensic methodology, this article addresses the application of anthropological studies in Australian legal cases concerned with various aspects of Indigenous customary law. In the context of traditional land claims, cultural heritage assessments and native title, both the achievements and challenges for anthropological inquiries are canvassed. Against arguments from some academics that applied work is intellectually inferior and politically compromised, the article reports my experiences in an arena of complex and enriching social science inquiry. The article engages with Indigenous land aspirations in a settler society while considering the implications of cultural change and adaptation, strategies of recuperation of customary knowledge, and the robustness required for successful anthropological studies of this kind.
期刊介绍:
Anthropological Forum is a journal of social anthropology and comparative sociology that was founded in 1963 and has a distinguished publication history. The journal provides a forum for both established and innovative approaches to anthropological research. A special section devoted to contributions on applied anthropology appears periodically. The editors are especially keen to publish new approaches based on ethnographic and theoretical work in the journal"s established areas of strength: Australian culture and society, Aboriginal Australia, Southeast Asia and the Pacific.