An anthropological perspective on writing for the court

Native Title is a relatively recent, complex legal process that raises particular issues for anthropologists working within it. Katie Glaskin provides an anthropological perspective on writing for the court, discussing recent decisions of the Federal Court requiring anthropologists to write expert reports that adhere to the Evidence Act (Cth) 1995 and the importance of anthropologists to properly understand Native Title law. The paper focuses on the exercise of anthropological expertise within the legal context of Native Title, examining the tension between ‘improper influence’ and ‘permissible guidance’ when working within a larger framework of positivist legal culture.