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This book draws on concrete cases of collaboration between anthropologists and legal practitioners to critically assess the use of anthropological expertise in a variety of legal contexts from the point of view of the anthropologist as well as of the decision-maker or legal practitioner. The contributions, several of which are co-authored by anthropologist–legal practitioner tandems, deal with the roles of and relationships between anthropologists and legal professionals, which are often collaborative, interdisciplinary, and complementary. Such interactions go far beyond courts and litigation into areas of law that might be called ‘social justice activism’. They also entail close collaboration with the people –often subjects of violence and dispossession –with whom the anthropologists and legal practitioners are working. The aim of this collection is to draw on past experiences to come up with practical methodological suggestions for facilitating this interaction and collaboration and for enhancing the efficacy of the use of anthropological expertise in legal contexts. Explicitly designed to bridge the gap between theory and practice, and between scholarship and practical application, the book will appeal to scholars and researchers engaged in anthropology, legal anthropology, socio-legal studies, and asylum and migration law. It will also be of interest to legal practitioners and applied social scientists, who can glean valuable lessons regarding the challenges and rewards of genuine collaboration between legal practitioners and social scientists.
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This book draws on concrete cases of collaboration between anthropologists and legal practitioners to critically assess the use of anthropological expertise in a variety of legal contexts from the point of view of the anthropologist as well as of the decision-maker or legal practitioner. The contributions, several of which are co-authored by anthropologist–legal practitioner tandems, deal with the roles of and relationships between anthropologists and legal professionals, which are often collaborative, interdisciplinary, and complementary. Such interactions go far beyond courts and litigation into areas of law that might be called ‘social justice activism’. They also entail close collaboration with the people –often subjects of violence and dispossession –with whom the anthropologists and legal practitioners are working. The aim of this collection is to draw on past experiences to come up with practical methodological suggestions for facilitating this interaction and collaboration and for enhancing the efficacy of the use of anthropological expertise in legal contexts. Explicitly designed to bridge the gap between theory and practice, and between scholarship and practical application, the book will appeal to scholars and researchers engaged in anthropology, legal anthropology, socio-legal studies, and asylum and migration law. It will also be of interest to legal practitioners and applied social scientists, who can glean valuable lessons regarding the challenges and rewards of genuine collaboration between legal practitioners and social scientists.
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This book presents a critical review of the ethics of conservation-related resettlement. We examine what has become known as the” parks versus people” debate, also known as the “new conservation debate,” which has pitted indigenous and other local people against nation states and social scientists against ecologists and conservationists for the past several decades. Aiming to promote biodiversity conservation and habitat preservation, some biologists, park planners, and conservation organizations have recommended that indigenous and other people should be removed from protected areas.
Local people, for their part, have argued that residents of the areas that were turned into protected areas, national parks, game reserves and monuments had managed them in productive ways for generations and that they should have the right to remain there and to use natural resources as long as they do so sustainably. This position is often supported by indigenous rights organizations and social scientists, especially anthropologists. There are also some conservation-oriented NGOs that have policies involving a more human rights-oriented approach aimed at poverty alleviation, sustainable development, and social justice.
The book discusses biodiversity conservation, indigenous peoples (those who are ethnic minorities and who are often marginalized politically), and protected areas, those categories of land set aside by nation-states that have various kinds of rules about land use and residence.
The focus initially is on case studies from protected areas in the United States including Yellowstone National Park, Yosemite National Park, and Glacier National Park and on national monuments and historical parks where resettlement took place. We then consider issues of coercive conservation in southern Africa, including Hwange National Park (Zimbabwe), the Central Kalahari Game Reserve (Botswana), Etosha National Park, and Bwabwata National Park (Namibia), andKgalagadi Transfrontier Park (South Africa and Botswana). All of these cases involved involuntary resettlement at the hands of the governments.
In the book we consider some of the social impacts of conservation-forced resettlement (CfR), many of which tend to be negative. After that, we assess some of the strategies employed by indigenous peoples in their efforts to recover rights of access to protected areas and the cultural and natural resources that they contain. Examples are drawn from cases in Asia, Africa, and South America. Conclusions are provided regarding the ethics of conservation-related resettlement and some of the best practices that could be followed, particularly with regard to indigenous peoples.