By Anthony Good
Even supposing asylum has generated remarkable degrees of public and political crisis during the last decade, there was astonishingly little box study at the subject. this can be a examine of the felony strategy of claiming asylum from an anthropological standpoint, targeting the position of specialist proof from 'country specialists' resembling anthropologists. It describes how such proof is utilized in tests of asylum claims through the house place of work and by way of adjudicators and tribunals listening to asylum appeals. It compares makes use of of social clinical and clinical facts in felony decision-making and analyzes, anthropologically, the felony makes use of of key innovations from the 1951 Refugee conference, reminiscent of 'race', 'religion', and 'social group'. The proof is drawn from box statement of greater than three hundred allure hearings in London and Glasgow; from mentioned case legislation and from interviews with immigration adjudicators, tribunal chairs, barristers and solicitors, in addition to specialist witnesses.
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Additional info for Anthropology and Expertise in the Asylum Courts (Glasshouse)
As it is of . . sociological analysis’ (1983: 181), many have argued that almost the reverse is true; that in formal legal processes the speciﬁc contexts within which events took place are downplayed as much as possible in the interests of attaching these events to general principles of law. In asylum hearings the context is often misunderstood if not wholly ignored, and this often threatens to lead legal adjudication astray (Chapter 7). Similarly, in Geertz’s claim that law ‘makes life’s nebulous events tangible and restores their detail’ (1983: 182), the second part seems as mistaken as the ﬁrst part is accurate.
1 THE FALL AND RISE OF THE ANTHROPOLOGY OF LAW Anthropology and law have always been cognate disciplines, though many of their respective practitioners no longer seem aware of the fact. This section provides a brief perspective on how their relationship ﬂourished, waned, and – arguably – began to prosper again, while the rest of the chapter explains how, despite their closeness, law and anthropology nonetheless display distinct modes of reasoning and attitudes to evidence. Conley and O’Barr (1990b: 3) deﬁne the anthropology of law in terms of its related interests in governance and dispute settlement: legal anthropology has focused on two fundamental questions in its examination of other cultures: (1) what are the substantive rules that are the equivalent of law as we deﬁne it in our culture?
The ﬁrst time I appeared in person there was not even that limited contact, as there had been 1 From April 2005 onwards, these two bodies were collapsed into a single Asylum and Immigration Tribunal (AIT). Instead of Adjudicators and Tribunal Chairs there are now Immigration Judges and Senior Immigration Judges. Appeal rights have been signiﬁcantly curtailed. These structural changes do not, however, aﬀect the core arguments of this book concerning the treatment of expert evidence. Asylum as a social and political problem 11 a delay in bringing the applicant from prison, where he was remanded on drug smuggling charges.
Anthropology and Expertise in the Asylum Courts (Glasshouse) by Anthony Good