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1.
This article examines how social anthropologists' expertise was employed in the international war crimes trials heard at the Special Court for Sierra Leone. It tracks how the anthropologists challenged the prosecution experts by raising concerns about their methodology and advancing a fundamental critique of abstract legal categories. The discussion between the experts centred on two contested issues: the character of the armed groups and the phenomenon of forced marriages during the civil war in Sierra Leone. The analysis of the experts' testimonies shows that the anthropologists were engaged in an epistemological contest with the prosecution experts. The article aims at understanding why the anthropologists' arguments had less resonance with the judges than the reports submitted by the prosecution experts. Beyond the courtroom, it also speaks to the general debate about expertise and ways to study it.  相似文献   

2.
An important issue arising in native title cases heard by the Federal Court of Australia is the role played by expert evidence, in particular, expert anthropological evidence. We argue that, because the claimants' evidence tends to deal with concepts and experiences unfamiliar to lawyers and judges involved in a case, anthropologists, drawing on their specialised skills and experience, can contribute to both the mediation and litigation of the case in a number of ways. We also call for improvements to the way anthropological evidence is put before the Court, and argue that a number of initiatives now being implemented do assist in making best use of expert anthropological evidence. One such initiative is the compulsory conference of experts, which has already been used in five matters around Australia. This conference, from which lawyers are usually excluded, is convened by a Court Registrar. It can assist in identifying and clarifying areas of dispute amongst experts, in focusing the parties on key aspects of the case at an early stage, and in improving the strengths of, and general manner of running, each party's case.  相似文献   

3.
In this article, I examine post‐genocide Rwanda's gacaca process, in which genocide suspects were tried among their neighbours before locally elected judges. I suggest two limitations in how anthropologists have typically studied post‐conflict legal institutions. Measuring the cultural relevance of law obscures contemporary imbrications of African custom and universal legal principles, and distracts from analysis of the politicized uses of culture. Analysing structural constraints and coercive dimensions, while crucial, can blind us to the very real social work that happens in these forums. Instead, I argue, what differentiated gacaca was how deeply it was contextualized – embedded in daily life, public, participatory, routinized, and based on oral testimony – and this contextualization formed the basis of its situated relevance to people's efforts to shape forms of sociality. People used gacaca sessions to negotiate the micro‐politics of reconciliation, which included debating definitions of ‘genocide citizenship’, guilt, innocence, exchange, and material loyalty. I argue for moving beyond the underlying assumption in critical transitional justice studies that law and reconciliation are mutually exclusive, to acknowledge that the instrumental and often divisive dynamics in gacaca do not merely reflect institutional failures but, rather, reflect the inherent violence of social repair.  相似文献   

4.
Many British social anthropologists have been asked in recent years to provide expert evidence for use in legal appeals by asylum seekers. This article describes the administrative and legal decision-making procedures to which asylum claims are subject. It considers how the courts respond to 'objective evidence' from 'country experts' such as anthropologists, comparing this to legal approaches to evidence from medical experts. The problems which arise – especially in relation to the key issue of an asylum seeker's 'credibility'– are analysed with reference to diverse forms of reasoning among social scientists and lawyers, and their different understandings as to the nature of 'fact' and 'truth'.  相似文献   

5.
Anthropologists representing each of the subfields of the discipline have appeared as expert witnesses in a wide range of legal cases. Their appearance raises a number of significant questions about the appropriateness of anthropological knowledge to adversary proceedings, and poses difficult ethical problems for the participant and the profession. The present article reviews a series of cases in which anthropologists have served as expert witnesses and proposes a set of recommended standards and reforms for this activity . [ethics, expert testimony, legal anthropology, American society, applied anthropology]  相似文献   

6.
T T Daley 《CMAJ》1996,154(4):573-575
Many physicians appear in court as expert witnesses, but the quality of their testimony varies considerably, says a Nova Scotia judge. Pretrial preparation will improve the quality of a physician''s testimony, reduce stress and save time, says Judge Timothy Daley, who provides some suggestions about how to prepare to be an expert witness and what to expect in the courtroom.  相似文献   

7.
《应用发育科学》2013,17(2):92-109
A series of 4 experiments were conducted to (a) determine the willingness of children to lie in a realistic setting, (b) compare judgments of credibility from both lay evaluations and Criterion-Based Content Analysis (CBCA), and (c) examine the effects of expert testimony regarding Statement Validity Assessment on mock jurors who were asked to make evaluations of the children's statements. In Experiment 1, 81% of children who witnessed a research assistant steal a textbook made accusations against the thief (truthful), 69% of children who did not witness the theft accused the research assistant of the theft following prompting by significant others, and 56% of the children who witnessed a significant other steal the textbook incorrectly accused the research assistant following a request from their significant other. Using the statements obtained from the children in Experiment 1, Experiments 2 and 3 found that classification accuracy of lay evaluators was significantly poorer than expert application of CBCA, which resulted in 89% classification accuracy. Finally, brief exposure to CBCA expert testimony appeared to have no benefits on mock jurors' assessments of credibility of the children's statements in Experiment 4. Implications for North American legal systems are discussed.  相似文献   

8.
The increasing number of casting shows and talent contests in the media over the past years suggests a public interest in rating the quality of vocal performances. In many of these formats, laymen alongside music experts act as judges. Whereas experts'' judgments are considered objective and reliable when it comes to evaluating singing voice, little is known about laymen’s ability to evaluate peers. On the one hand, layman listeners–who by definition did not have any formal training or regular musical practice–are known to have internalized the musical rules on which singing accuracy is based. On the other hand, layman listeners’ judgment of their own vocal skills is highly inaccurate. Also, when compared with that of music experts, their level of competence in pitch perception has proven limited. The present study investigates laypersons'' ability to objectively evaluate melodies performed by untrained singers. For this purpose, laymen listeners were asked to judge sung melodies. The results were compared with those of music experts who had performed the same task in a previous study. Interestingly, the findings show a high objectivity and reliability in layman listeners. Whereas both the laymen''s and experts'' definition of pitch accuracy overlap, differences regarding the musical criteria employed in the rating task were evident. The findings suggest that the effect of expertise is circumscribed and limited and supports the view that laypersons make trustworthy judges when evaluating the pitch accuracy of untrained singers.  相似文献   

9.
The UK government has recently made higher education funding of anthropological research partially dependent on its social ‘impact’. Based on work in higher education and fifty interviews with anthropologists trained in Britain, this article analyses the implications of these impact requirements. It shows that anthropologists generally share government desires for their work to have a societal effect, but that impact, as understood in the United Kingdom's dominant research measurement exercise known as the Research Excellence Framework (REF), is marked by a series of important practical and conceptual limitations. On a practical level, it underestimates the social effects of teaching, relies on an overly limiting notion of evidence, and significantly restricts the scope of permissible research. On a conceptual level, impact measurement cannot fully grasp the nature or effect of anthropology, insofar as the latter is a critical science that contributes to the constant renewal of audit's own politico‐epistemic foundations. This exposes an important limitation of audit practices more widely, which has so far received little scholarly attention: audits are in several ways incapable of grasping sociocultural critique.  相似文献   

10.
The COVID‐19 pandemic has triggered numerous scientific activities aimed at understanding the SARS‐CoV‐2 virus and ultimately developing treatments. Structural biologists have already determined hundreds of experimental X‐ray, cryo‐EM, and NMR structures of proteins and nucleic acids related to this coronavirus, and this number is still growing. To help biomedical researchers, who may not necessarily be experts in structural biology, navigate through the flood of structural models, we have created an online resource, covid19.bioreproducibility.org, that aggregates expert‐verified information about SARS‐CoV‐2‐related macromolecular models. In this article, we describe this web resource along with the suite of tools and methodologies used for assessing the structures presented therein.  相似文献   

11.
CHEESE HARDNESS ASSESSMENT BY EXPERTS AND UNTRAINED JUDGES   总被引:1,自引:0,他引:1  
Although expert assessment of food characteristics is recognized as a key step in product development, the use of consumer based measurements is sometimes recommended as an equivalent to the experts. From cognitive psychology, support of the role of perceptual learning is found in some instances, although this could not be relevant in others. To address this point performance analysis of experts and untrained panelists in cheese texture evaluation was carried out. Neither the untrained panelists nor the experts were familiar with either the scales or the kind of cheese. The same Cheddar cheese was given to 44 untrained subjects in three trials to assess hardness. The results showed that their judgment has a 29% average random error variance; the interrater reliability being low. The same experiment gave a random error variance of 2% for three highly skilled judges (experts). The difference in variance was linked to training. Untrained panelists also showed an adaptation error. Nevertheless, there was no significant difference between the average ratings of both groups, whether untrained or experts.  相似文献   

12.
Essentialism has become a fundament of Aboriginal activism in modern Australia, with the result that informed, first-hand empirical observations of anthropologists who chronicle the deterioration of life in many Australian Aboriginal communities tend not to be taken seriously simply because their authors are not ethnically ‘Aboriginal’. This problem has contributed to a relative absence of analysis of the economic history of Aboriginal Australians, fostering instead an approach that prioritises the political and cultural rights of indigenous people above the kinds of life-enhancing circumstances that are necessary for them to participate in the economy and create wealth. This kind of essentialism has also resulted in a disregard for the rights of indigenous people as individuals, rather than as communities seeking self-determination, especially with regard to the rights of women and children. The work of Professor Ronald M. Berndt and Dr Catherine Berndt should serve as an example for today's anthropologists in encouraging broader expert participation in debates on indigenous disadvantage, despite the threat of admonishment or criticism by Aboriginal rights activists wielding the weapon of racial priority or essentialism.  相似文献   

13.
In expert testimony before the Industrial Accident Commission, all physicians are taken as equally competent. The value of their testimony depends upon the validity of their data and the reasons for the conclusions drawn. In case of conflicting opinion, the referees, who are laymen, must decide on the basis of the testimony. Therefore physicians preparing reports must see that data are complete, that all routine investigative procedures are not only applied but reported, and that the reasons for claiming connection of injury with employment are fully stated. Moreover, other recognized causes of the patient''s condition should be considered and ruled out for reasons given.The increasing number of claims for workmen''s compensation in heart disease, and the increasing tendency of insurers to settle rather than contest claims, may actually be harmful to the welfare of persons with heart disease, for it deters employers from hiring them and thus risking higher insurance costs. Physicians concerned with compensation claims must develop more widely acceptable standards that properly separate the inherent risk of heart disease from that incurred through employment for which the employer may reasonably be considered liable.  相似文献   

14.
Implicit and explicit use of expert knowledge to inform ecological analyses is becoming increasingly common because it often represents the sole source of information in many circumstances. Thus, there is a need to develop statistical methods that explicitly incorporate expert knowledge, and can successfully leverage this information while properly accounting for associated uncertainty during analysis. Studies of cause‐specific mortality provide an example of implicit use of expert knowledge when causes‐of‐death are uncertain and assigned based on the observer's knowledge of the most likely cause. To explicitly incorporate this use of expert knowledge and the associated uncertainty, we developed a statistical model for estimating cause‐specific mortality using a data augmentation approach within a Bayesian hierarchical framework. Specifically, for each mortality event, we elicited the observer's belief of cause‐of‐death by having them specify the probability that the death was due to each potential cause. These probabilities were then used as prior predictive values within our framework. This hierarchical framework permitted a simple and rigorous estimation method that was easily modified to include covariate effects and regularizing terms. Although applied to survival analysis, this method can be extended to any event‐time analysis with multiple event types, for which there is uncertainty regarding the true outcome. We conducted simulations to determine how our framework compared to traditional approaches that use expert knowledge implicitly and assume that cause‐of‐death is specified accurately. Simulation results supported the inclusion of observer uncertainty in cause‐of‐death assignment in modeling of cause‐specific mortality to improve model performance and inference. Finally, we applied the statistical model we developed and a traditional method to cause‐specific survival data for white‐tailed deer, and compared results. We demonstrate that model selection results changed between the two approaches, and incorporating observer knowledge in cause‐of‐death increased the variability associated with parameter estimates when compared to the traditional approach. These differences between the two approaches can impact reported results, and therefore, it is critical to explicitly incorporate expert knowledge in statistical methods to ensure rigorous inference.  相似文献   

15.
For many societally important science-based decisions, data are inadequate, unreliable or non-existent, and expert advice is sought. In such cases, procedures for eliciting structured expert judgments (SEJ) are increasingly used. This raises questions regarding validity and reproducibility. This paper presents new findings from a large-scale international SEJ study intended to estimate the global burden of foodborne disease on behalf of WHO. The study involved 72 experts distributed over 134 expert panels, with panels comprising thirteen experts on average. Elicitations were conducted in five languages. Performance-based weighted solutions for target questions of interest were formed for each panel. These weights were based on individual expert’s statistical accuracy and informativeness, determined using between ten and fifteen calibration variables from the experts'' field with known values. Equal weights combinations were also calculated. The main conclusions on expert performance are: (1) SEJ does provide a science-based method for attribution of the global burden of foodborne diseases; (2) equal weighting of experts per panel increased statistical accuracy to acceptable levels, but at the cost of informativeness; (3) performance-based weighting increased informativeness, while retaining accuracy; (4) due to study constraints individual experts’ accuracies were generally lower than in other SEJ studies, and (5) there was a negative correlation between experts'' informativeness and statistical accuracy which attenuated as accuracy improved, revealing that the least accurate experts drive the negative correlation. It is shown, however, that performance-based weighting has the ability to yield statistically accurate and informative combinations of experts'' judgments, thereby offsetting this contrary influence. The present findings suggest that application of SEJ on a large scale is feasible, and motivate the development of enhanced training and tools for remote elicitation of multiple, internationally-dispersed panels.  相似文献   

16.
In a wide range of problem-solving settings, the presence of a familiar solution can block the discovery of better solutions (i.e., the Einstellung effect). To investigate this effect, we monitored the eye movements of expert and novice chess players while they solved chess problems that contained a familiar move (i.e., the Einstellung move), as well as an optimal move that was located in a different region of the board. When the Einstellung move was an advantageous (but suboptimal) move, both the expert and novice chess players who chose the Einstellung move continued to look at this move throughout the trial, whereas the subset of expert players who chose the optimal move were able to gradually disengage their attention from the Einstellung move. However, when the Einstellung move was a blunder, all of the experts and the majority of the novices were able to avoid selecting the Einstellung move, and both the experts and novices gradually disengaged their attention from the Einstellung move. These findings shed light on the boundary conditions of the Einstellung effect, and provide convergent evidence for Bilalić, McLeod, & Gobet (2008)’s conclusion that the Einstellung effect operates by biasing attention towards problem features that are associated with the familiar solution rather than the optimal solution.  相似文献   

17.
Age‐at‐death estimation of an individual skeleton is important to forensic and biological anthropologists for identification and demographic analysis, but it has been shown that the current aging methods are often unreliable because of skeletal variation and taphonomic factors. Multifactorial methods have been shown to produce better results when determining age‐at‐death than single indicator methods. However, multifactorial methods are difficult to apply to single or poorly preserved skeletons, and they rarely provide the investigator with information about the reliability of the estimate. The goal of this research is to examine the validity of the Sugeno fuzzy integral as a multifactorial method for modeling age‐at‐death of an individual skeleton. This approach is novel because it produces an informed decision of age‐at‐death utilizing multiple age indicators while also taking into consideration the accuracies of the methods and the condition of the bone being examined. Additionally, the Sugeno fuzzy integral does not require the use of a population and it qualitatively produces easily interpreted graphical results. Examples are presented applying three commonly used aging methods on a known‐age skeletal sample from the Terry Anatomical Collection. This method produces results that are more accurate and with smaller intervals than single indicator methods. Am J Phys Anthropol 2010. © 2009 Wiley‐Liss, Inc.  相似文献   

18.
Some have argued that the major contribution of anthropology to science is the concept of culture. Until very recently, however, evolutionary anthropologists have largely ignored culture as a topic of study. This is perhaps because of the strange bedfellows they would have to maintain. Historically, anthropologists who claimed the focus of cultural anthropology tended to be anti‐science, anti‐biology, or both. Paradoxically, a segment of current mainstream cultural anthropology has more or less abandoned culture as a topic. It is particularly ironic that in spite of a growing awareness among evolutionary anthropologists that culture is critical for understanding the human condition, the topic of culture has fallen out of favor among many “cultural” anthropologists. 1,2  相似文献   

19.
Environmental anthropology is an expanding field in Australia. Extensive research on Aboriginal relationships to land and natural resources has provided the foundation for growing anthropological interest in the interactions of other Australians with the biophysical environments they inhabit. Australian‐based anthropologists also continue to contribute to research on environmental beliefs and practices in other parts of the world. This paper provides a brief overview of previously explored themes in this field as a precursor to introducing new research and proposing additional areas of research. It is suggested that these could be usefully developed to enhance anthropological contributions to debates about environmental change in Australia and surrounding regions. We argue that there are roles for anthropologists as `cultural translators' in cross‐disciplinary engagements with environmental scientists and natural resource managers; as cultural theorists skilled at documenting and interpreting changing environmental attitudes; and as environmental advocates pursuing the knowledge needed to create more ecologically sustainable human communities. We also suggest that Australian anthropologies of the environment can make valuable theoretical and ethnographic contributions to this important international field of study.  相似文献   

20.
Encountered by mobile money professionals – industry and philanthropic actors seeking to bring mobile phone‐enabled financial products to poor people in the ‘developing world’ – the authors move together with new collaborators to inquire into a problem they had been grappling with for some time. This is the problem of agency; specifically, the agency of ‘mobile money agents’, the people ‘on the ground’ or ‘in the field’ who form a crucial function in permitting others to put cash into an electronic money transfer system and pull cash out of it. These ‘human ATMs’ or ‘bridges to cash’ become the object of analytical scrutiny for mobile money experts and anthropologists. This article takes that analytical scrutiny – and not mobile money agents themselves – as its object. It seeks to understand how ‘agency’ inflects debates over money, its meaning and its pragmatics, and its transformation in new communicative infrastructures, and how it might inform anthropology and political struggles over money and payment.  相似文献   

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