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.
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Recognizing Aboriginal Narratives in the Courts
Produktdetaljer
ISBN
9780774820721
Publisert
2020
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter