Bridging Anthropology and Law for a Culturally-Inclusive Legal System
摘要
The world is also becoming smaller—as evidenced by the growing interest of countries in the common interests of people around the world. From immigration laws to marriage laws, people are increasingly engaging with their legal lives in the context of other cultures. Because anthropology focuses on the study of specific norms and behaviors of a society or culture, its insights can have broad applications in law and the shape of legal norms and institutions. In this essay I consider how anthropology can be applied to law to enable legal professionals to better engage with the complexities of human behavior and social life—and, more generally, to take a closer look at the people who are the subject of their inquiry. I explore the methodological contributions of anthropology to legal practice: what can legal researchers and practitioners learn from the methods used by anthropologists, such as ethnographic research and participant observation, examples of which I will discuss here? Additionally, I will consider a series of case studies from my own work in court in which litigants and solicitors have used anthropology in their efforts to pursue justice in the field of family law. How can an anthropological perspective be used, especially in the area of indigenous rights, to navigate the minefields of cultural difference, avoid bias, and reconcile—and potentially mitigate—overlapping aspects of legal life? This work was supported by a Wenner-Gren research grant awarded in 2011. Method.