Oral History on Trial: Recognizing Aboriginal Narratives in the Courts - Softcover

Miller, Bruce Granville Granville

Softcover

ISBN 10: 0774820713 ISBN 13: 9780774820714

Publisher: UBC Press, 2012

Synopsis

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 Crown’s 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.

About this title

About the Author

Bruce Granville Miller is a professor of anthropology at the University of British Columbia.

From the Back Cover

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 Crown's 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 Crown's approach to oral history.

From the Inside 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 Crown's 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 Crown's approach to oral history.

Edition details

• Publisher: UBC Press
• Publication date: 2012
• Language: English
• ISBN 10: 0774820713
• ISBN 13: 9780774820714
• Binding: Paperback
• Number of pages: 212