Witness Statements as Cross-Cultural (mis)Communication? Evidence from Blue Mud Bay
Bibliographic Data
| ID | 2145204 |
|---|---|
| Authors | Frances Morphy (0000-0003-2036-2319, Australian National University), H Morphy (0000-0001-6488-662X, Australian National University, corresponding author) |
| Year | 2023 |
| Volume | 33 |
| Issue | 3 |
| Pages | 176-194 |
| Publication date | 2023-07-03 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Anthropological Forum (JOURNAL) |
| Journal identifiers | ISSN: 0066-4677 • E-ISSN: 1469-2902 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/00664677.2023.2271673 |
| OpenAlex | W4388139224 |
| Language | EN |
| Citations received | 2 |
| References cited | 14 |
Translation, broadly defined as the articulation of the relationship between different cultural, social and legal systems, is at the heart of the anthropologist's or linguist's role as an expert witness in a native title hearing. It occurs at the level of individual lexemes, in categorising cultural concepts, and in the frame of the legal context. We exemplify the interrelationships between these by focussing on the quasi-legal use of the English word 'permission', a key concept in native title and land claim discourse. In the Blue Mud Bay case, Yolngu Matha was the first language of the witnesses, and there is no straightforward translation for this use of 'permission' in Yolngu Matha. As the 'experts' we needed to anticipate how Yolngu would understand the concept and its relevance to the court case. We first summarise our exploration of 'permission' with the claimants and show how a cross-cultural understanding of the 'legal' English concept emerged. We then focus on one of the court's main artefacts of translation-the witness statement-which must be produced or be translated into English. In our experience the witness statement is a product of a dialogical process involving the close collaboration of applicant (witness), counsel and expert. We reflect on the complexity of this process and how it operated in the Blue Mud Bay case. We conclude that translation is both possible and necessary in the conduct of native title cases. But it is not straightforward, nor should it be an unexamined process
Archaeology · Context (archaeology · Expert witness · Linguistics · Political science · Relevance (law · Sociology · Statement (logic · Witness · History · Interpreting and Communication in Healthcare · Law · Law in Society and Culture · Philosophy · Translation Studies and Practices
“I Make an Oath and Say as Follows”
Thick Decisions
Cultural Expertise and Law
Anthropologists as Experts
The Social Effects of Native Title
Australian Native Title Anthropology
A community of critics? Thoughts on new knowledge
Anthropological Theory and Government Policy in Australia's Northern Territory
Extended lives in global spaces
The Practice of an Expert
| Unique citing works | 2 |
|---|---|
| Citations per year | 2 |
| Citation span | 2025 - 2026 (2) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 2 |