Oral history on trial : recognizing Aboriginal narratives in the courts

Type
Book
Authors
Bruce Granville Miller ( Miller, Bruce Granville )
 
ISBN 10
0774820713 
ISBN 13
9780774820714 
Category
General Library Collection  [ Browse Items ]
Publication Year
2012 
Publisher
Pages
212 
Subject
Indigenous peoples -- Legal status laws etc. -- Canada 
Abstract
"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."--Amazon. 
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