By Anthony Good
Even supposing asylum has generated remarkable degrees of public and political hindrance over the last decade, there was astonishingly little box learn at the subject. this can be a learn of the criminal means of claiming asylum from an anthropological point of view, targeting the function of professional proof from 'country specialists' corresponding to anthropologists. It describes how such facts is utilized in exams of asylum claims through the house workplace and via adjudicators and tribunals listening to asylum appeals. It compares makes use of of social clinical and clinical proof in criminal decision-making and analyzes, anthropologically, the felony makes use of of key thoughts from the 1951 Refugee conference, similar to 'race', 'religion', and 'social group'. The facts is drawn from box remark of greater than three hundred allure hearings in London and Glasgow; from said case legislation and from interviews with immigration adjudicators, tribunal chairs, barristers and solicitors, in addition to specialist witnesses.
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Extra info for Anthropology and Expertise in the Asylum Courts (Glasshouse)
Cultural aﬃnity is also signiﬁcant – above all the presence in the host country of persons of their own ethnicity and cultural background but, failing that, a common language or the opportunity to learn English. Many asylum applicants lack the time or resources to enjoy the luxury of choice, however. 1). The annual totals of asylum applications have ﬂuctuated in diﬀerent ways in diﬀerent countries. Germany, for example, accounted for over half the entire West European total in the early 1990s, but numbers subsequently declined (UNHCR 2002a: 112–13).
To a great extent, fortunately, this danger is avoided by what Merry (1988: 872) terms ‘new legal pluralism’, a series of studies of the lower tiers of the US legal system as experienced by ordinary members of the public. First, Moore (1973) loosened, without entirely severing, the bond between legal systems and discrete groups, in favour of the more ﬂexible notion of a plurality of ‘semi-autonomous social ﬁelds’, in which ‘a certain number of corporate groups are in relation one to another’. Taking the New York garment industry as a contemporary example, she showed that although some of the rules governing this highly volatile social ﬁeld emanate from the wider social environment – government, the marketplace, relations between diﬀerent ethnic groups – others are produced ‘within the ﬁeld of action itself’, either from ‘quasi-legislative’ interactions among constituent corporate groups such as contractors’ associations and trades unions or, crucially, from the processual interplay between individual actors from diﬀerent stakeholding groups such as retailers, factors, jobbers, and skilled workers (Moore 1978: 63).
There is, of course, a growing literature on ‘anthropological advocacy’, dealing mainly with anthropologists’ involvement in legal or political proceedings concerning land rights, cultural artefacts, and anatomical specimens (Paine 1985; Wade 1995; Culhane 1998). Legally speaking, however, ‘advocacy’ is often an inappropriate term in such contexts, as it is in the present one. 3), and whenever anthropologists act as expert witnesses in formal legal proceedings in Australia or North America, they are under similar legal constraints – although in the Hindmarsh Island Bridge litigation, Australian courts alternated between treating anthropologists as advocates and as experts (Edmond 2004a).
Anthropology and Expertise in the Asylum Courts (Glasshouse) by Anthony Good