| Description |
[vi], 269 pages ; 21 cm |
| Series |
Occasional paper / Australian Academy of the Humanities ; 24 |
|
Occasional paper (Australian Academy of the Humanities) ; no. 24
|
| Contents |
Introduction / Ian McCalman and Ann McGrath. Part One: The Humanities and the Law. Conflicting imperatives: pursuing truth in the courts / Hal Wootten -- History in the witness stand: interrogating the past / Graeme Davison. Part Two: History on Trial. Historians in court / Mark Dreyfus -- Evidence and narrative: history and law / Ann Curthoys and Ann Genovese -- Expertise in Aboriginal title claims litigation in Australian and North America, 1946-2002 / Arthur J. Ray. Part Three: Truth, Facts and Memory. Making the facts speak / Arthur Glass -- Legal facts and humanist stories: the humanist as expert witness / Anthony Connolly -- Truth in memory: the humanist and the cognitive sciences / John Sutton -- Humanities in the courtroom / K. J. Crispin. Part Four: Truth and Institutions. Eliza Fraser: a colonial and legal narrative / Larissa Behrendt -- Inquiries into truth / Mark Finnane. Part Five: Historical Precursors. History and land rights / Ann McGrath -- 'Stories for country': Aboriginal history and land claims / Ann McGrath |
| Summary |
Lawyers, historians, anthropologists and literary scholars draw heavily on the concepts of 'evidence', 'proof' and 'truth' but these crucial terms generally carry distinct and incommensurate meanings for each discipline or professional practice. The consequences of these differences are more than academic. Divergent understandings of 'proof and truth' have serious practical implications when humanists present themselves as expert witnesses in court cases involving vital contemporary issues such as indigenous land ownership, cultural heritage, social policy and legal administration. With reference to controversial and landmark cases, this collection of cross-disciplinary essays probes the convergences and incompatibilities between legal and humanistic understandings, and opens the way for a more constructive and informed courtroom role for experts of all kinds |
| Bibliography |
Includes bibliographical references |
| Notes |
Occasional paper (Australian Academy of the Humanities) no:24 1443-7678 |
| Subject |
Evidence, Expert -- Australia.
|
|
Humanities -- Methodology.
|
| Author |
McGrath, Ann (Ann Margaret)
|
|
McCalman, Iain.
|
|
Australian Academy of the Humanities.
|
| LC no. |
2004353142 |
| ISBN |
0909897530 : |
|
