Exploring the Fourth Reality: Cultural Anthropologists\u27 Reflections on Expert Witnessing for Asylum Cases

This thesis seeks to contribute to the small but growing literature on anthropology and expert witnessing by conducting ethnographic research with anthropologists who have worked as expert witnesses. The goal of this project is to illuminate how anthropologists reflect on the production of knowledge, ethics, and their identity in the realm of expert witnessing. Through twelve online questionnaires and six follow-up interviews, this research discusses how ten anthropologists and two political scientists conceived of the “Fourth Reality,” or “the reflexive awareness of the expert witness as an expert witness” (Phillips 2017: 42) throughout the asylum process. This thesis covers: 1) the participants’ beginnings as expert witnesses and their motivations; 2) their feelings on compensation in relation to ethics, motivations, reciprocity; 3) their experiences and role throughout expert testimony including how they are contacted, their views on truth in testimony, and their vulnerabilities as experts during in-person testimony; and 4) their reflections on what happens after a court case including their decisions about whether and how to publish about expert witnessing and their participation in networks of other academics who expert witness in asylum cases. The thesis also considers how they discussed their roles as expert witnesses in relation to their subject positions as researchers in different types of employment and as mostly white professionals who were citizens of the host countries. In the conclusion, I also make suggestions for further research including widening the sample size to gain more understanding of race, ethnicity, and nationality in relation to the Fourth Reality and issues related to compensation for expert witnessing

Identifying ‘Immigrants’ through Violence: Memory, Press, and Archive in the making of ‘Bangladeshi Migrants’ in Assam

This research studies the violent conflict between Bengali Muslims, who mostly migrated from the former East Bengal during colonial times, and the Bodo Tribe, who mostly follow the Bathou religion in the Bodoland region of Assam. This conflict is often seen through the preexisting lens of communal violence between Hindus and Muslims in India. Here, conflict between a religious minority and an ethnic one is investigated in its locality and this investigation highlights the complex history of the region and its part in shaping this antagonism. It does so by looking into the colonial archive which introduced the category of ‘immigrant’ to the region, together with Urdu and English press coverage of four violent events that essentialize the categories ‘Muslim’ and ‘immigrant’, respectively. Defying simple categorization, the Bengali Muslims in the Kokrajhar district have devised their own strategy for narrating time. Through archival and ethnographic research this study shows the shifting meaning of the concept of an ‘immigrant’ and its implication for social and political realities. This research addresses some less studied dynamics of the clash between two minorities and its representation in both the English and Urdu Media

An Independent Evaluation of the Strategic Legal Fund for Vulnerable Young Migrants

The Strategic Legal Fund for Vulnerable Young Migrants1 (SLF) was set up by the Diana Princess of Wales Memorial Fund (DPOWMF) in 2011. When the Diana Fund closed down in late 2012, Trust for London agreed to take over the hosting of the SLF and provided additional funding with Esmée Fairbairn Foundation for a second phase (December 2012 to March 2014 initially, though this has now been extended).In 2012 an interim evaluation of the SLF concluded that it was achieving results, and suggested some changes of focus and operation for the future. One year on, the purpose of this further evaluation is: a. to identify the full range of outcomes, benefits and changes to which the SLF project has contributed in order to understand the value of what has been funded to date. b. to help Trust for London, Esmée Fairbairn Foundation and other potential funders discuss and decide if and how they want to take forward the funding of strategic legal work on migration issues in the current climate. c. to take stock of the model being used to identify, assess, support and review SLF grants and learn lessons about this which can: i) help improve current ways of working; ii) enable decisions about how such a fund should be administered in the future. d. to stimulate discussions about the potential use of such a model in funding strategic legal work in other areas of law

The Art of the Possible: Making films on sex work migration and human trafficking

Fiction films and documentaries increasingly bring the themes of sex work migration and human trafficking to the big screen. The films often focus on women who have experienced a range of abusive conditions within the sex industry, experiences which in the films typically are all labelled ‘trafficking’ and narrated through the capture of innocents and their rescue. Images of ‘sex slaves’ have thus entered the film scene as iconic figures of pain and suffering, and ‘traffickers’ have emerged as icons of human evil. Building upon the substantial scholarly critique of such films and representations, this article discusses the possibilities of making films about migrant sex workers (some of whom may be trafficked) that do not fall into misleading and sensationalised representations. I draw upon two films about women migrant sex workers that I have worked on as an anthropologist and filmmaker—Trafficking (2010) and Becky’s Journey (2014). The point of departure is that there are a range of other aspects that can influence the filmmaking process rather than merely a one-dimensional perspective on sex work and trafficking. While analysing the making of these two films I look at the reasons—both theoretical and practical—for certain production decisions and the ways in which films in the context of multiple challenges are often the result of the art of the possible

Sustaining Autonomous Communities in the Modern United States (The United Communities of America)

America has become industrialized and characterized by social anxiety and overconsumption. The inability to be sustainable has led the once plentiful and flourishing nation into an ongoing sustainability crisis. Even if there is a deep connection between them, this essay focuses on social sustainability rather than ecological. It argues for an intentional community-based framework to keep American life sustainable. Pollution, civil unrest, and intense social anxiety create unfulfilling life conditions for many American citizens. Using examples from modern American intentional communities, I will explain the need for self-directing, close-knit communities. Flourishing community members, as it will be considered from sociological and pragmatist theory, are notably more autonomous and environmentally conservative than mainstream American society. Communal societies immensely aid in successfully establishing contextually-based governments that help fulfill their citizens. They are more conscious of their environment (in the broader sense than the ecological one) and thus seek a healthy sustainable consumption rate and social climate. The values and traditions that cultivate environmental care are integral in communities and often combat the instability of American society. Though grassroots communal living can be hard and often forsakes the amenities of capitalist America, it offers alternative values that would still sustain and help to achieve fulfillment by the population

The human dilemma of displacement

In this book social responsive theological research converges to provide practical theological and ecclesiological perspectives on the growing human dilemma of displacement. The book presents the research of practical theologians, a missiologist and a religious practitioner whose work pertains first and foremost to the (South) African context. The different fields of expertise of the contributors within the broader field of practical theology worked towards a unique compilation of themes, each relevant to the issue at stake. The majority of chapters are theoretically orientated, except where authors refer to empirical work conducted during previous research. The main contribution of this collaborative work is to be sought in the practical theological and ecclesiological perspectives it provides. It engages the critical questions of what kind of church we need, and what kind of care we should provide in the face of the growing predicament of human displacement. The theological and theoretical principles uncovered in the different chapters will be of use to theologians from all theological subdisciplines, as well as to religious practitioners and leaders of faith communities that are challenged with the growing realities of strangers on their doorsteps and in their pews

First Steps Towards an Ethics of Robots and Artificial Intelligence

This article offers an overview of the main first-order ethical questions raised by robots and Artificial Intelligence (RAIs) under five broad rubrics: functionality, inherent significance, rights and responsibilities, side-effects, and threats. The first letter of each rubric taken together conveniently generates the acronym FIRST. Special attention is given to the rubrics of functionality and inherent significance given the centrality of the former and the tendency to neglect the latter in virtue of its somewhat nebulous and contested character. In addition to exploring some illustrative issues arising under each rubric, the article also emphasizes a number of more general themes. These include: the multiplicity of interacting levels on which ethical questions about RAIs arise, the need to recognise that RAIs potentially implicate the full gamut of human values (rather than exclusively or primarily some readily identifiable sub-set of ethical or legal principles), and the need for practically salient ethical reflection on RAIs to be informed by a realistic appreciation of their existing and foreseeable capacities

Internationalisation and Equality and Diversity in Higher Education: Merging Identities

Summary This project arises out of Eade and Peacock’s (2009) scoping report, commissioned by Equality Challenge Unit (ECU) entitled Internationalising equality and equalising internationalisation: The intersection between internationalisation and Equality and Diversity in higher education. The principal aim of the current study is to identify the advantages of building on the intersection of Internationalisation and E and D agendas, through an exploration of the effective mechanisms for linking E and D and internationalisation policies, structures and activities within a small sample of heterogenous HE institutions located in Australia, England and Wales. Reflecting a multi-level and mixed-method approach this report provides an in-depth account of awareness, commitment, understanding and involvement of domestic and international staff and students, and other key players, in Internationalisation and Equality and Diversity. This account is supported by examples of good practice and synergy and consideration of areas of potential improvement in the two fields. The mixed-method approach involves desk research to consider the influence of geographical location, profile and size on rationales for internationalisation and commitment to Equality and Diversity, complemented by interviews of key personnel to provide insights regarding performance, accessibility etc. Data regarding staff and student awareness, perceptions and dispositions is captured via online survey and focus groups. Finally a review of the literature supports data interpretation by suggesting emergent key themes. Institutional challenges are identified within the context of what may be learned from other organisational forms. A central focus is the student learning experience, with discussions embracing key issues such as competing perspectives on learner support models, the association between inclusive curricula and multicultural education and attendant barriers and tensions. Extensive and systematic analysis of institutional policy in Internationalisation and Equality and Diversity within specific local contexts provides substantial evidence of how current and future direction is shaped by the socio-economic and cultural make-up of surrounding communities, tempered by institutional aspirations in the global arena. The insights of senior managers provide the personal accounts and deep insights into the ongoing strategic initiatives and perceived challenges which determine the practice which emerges from the rhetoric of policy statements. The in-depth exploration of awareness, perceptions and dispositions of staff and students serves to highlight a striking continuity of perspective across the range of stakeholders, within different institutions which approach Internationalisation and Equality and Diversity from widely contrasting positions vis-à-vis locality, status, market position and relative size. Seemingly, any shortcomings of policy to practice transfer are not the outcome of a lack of will on the part of those who have engaged in this research, but rather reflect the complexity of finding the most appropriate way, whether senior manager, teacher, support and development professional, student or other stakeholder. The challenges of internationalisation and Equality and Diversity simply manifest themselves in different ways at different levels within different institutional contexts and key messages from this research include for example: • The need to manage structural diversity within the framework of a broadly-based business-case approach in order to maintain internal cohesion and external credibility. Such an approach should acknowledge diversity of mission which derives from the nature of the global-local interface, profile, status etc. • Broad awareness of the potential synergies between Internationalisation and E and D within a framework of inclusive practice • Broad consensus surrounding the merits of inclusion embodying both local and global dimensions. At this level, diversity of mission, location, status etc. becomes irrelevant. Universities with different cultures can learn much from each other since inclusion should be the response of all institutions recruiting international and/or students from a diversity of cultural, ethnic, religious, socio-economic etc. backgrounds • Awareness of tensions at policy and practice levels, which might be eased by appropriate organisational structures and processes designed specifically to embed synergy across institutions • Acknowledgement of the need to embed the concept of synergy at three levels of diversity: structural (demographic mix); classroom (curriculum and pedagogies) and interactional (informal and social settings) • The significance of readily accessible research-informed and evidence-based practice to raise awareness, build confidence, promote engagement and inform future direction within cross-disciplinary and cross-institutional context

Digging Them Out Alive

From 2013-2018, we taught a collection of interrelated law and social work clinical courses, which we call “the Unger clinic.” This clinic was part of a major, multi-year criminal justice project, led by the Maryland Office of the Public Defender. The clinic and project responded to a need created by a 2012 Maryland Court of Appeals decision, Unger v. State. It, as later clarified, required that all Maryland prisoners who were convicted by juries before 1981—237 older, long-incarcerated prisoners—be given new trials. This was because prior to 1981 Maryland judges in criminal trials were required to instruct the jury that they—the jury—had the ultimate right to determine the law. Our clinic helped to implement Unger by providing a range of legal services and related social services to many of these prisoners. Through the five years, the great majority of the Unger group were released by agreements, on probation, and not retried. In all, approximately 85% of the 237—that is, 85% of all state prisoners in Maryland convicted by juries of violent crimes before 1981—were released. This article describes why and how we created the Unger Clinic; why we made it interdisciplinary; what the students and we learned in it and from our clients; and what we would do differently. We believe the clinical education model we developed—an interdisciplinary clinic working in partnership with a major legal services provider and a citizens’ advocacy group—can be used effectively to address other significant access-to-justice problems nationally. In the end, the Unger Project has been a criminal justice laboratory. The qualitative experiences support many criminal justice reforms with the overriding lesson being that the continued incarceration of older, long incarcerated prisoners convicted of violent crimes serves no public safety purpose

Immigration, asylum, and cycles of European exclusion

The hypothesis of this thesis is that hidden behind the European legal approach to issues of Immigration and asylum is the deeply embedded European philosophy of exclusion. The thesis argues that exclusion has its roots in historical interpretations of Difference and Otherness. It is cyclical in nature, and the identity of groups targeted for exclusion changes over time. The thesis argues that the practice of exclusion has been honed and perfected into a societal norm from which exclusionary law claims legitimacy. It goes on to develop the idea that exclusion is a reflection of a deeper societal unease rooted somewhere in European history culture and philosophy, the influence of which continues to have a deleterious effect on contemporary attitudes towards immigration and asylum, and on the corresponding laws of the European Union and its member states. Whilst law indicates the methods and grounds of exclusion it does not indicate the philosophy and psyche behind the law.In order to test the hypothesis, the thesis explores the social and legal history of exclusion in Europe from the 19th century to the present time. It strives to establish the identities of the excluded in the pre-first World War European Empires, and suggests that they were essentially defined by their Europeanness, and often based on internecine conflict. The thesis goes on to look for similarities in the identities of the excluded of the interwar years, and notes how issues of race resurfaced to form a new ideology. The chronology continues by exploring the post Second World War period, and notes how the identities of those who occupied the symbolic space of exclusion evolved from an essentially European identity, to new non-European characteristics, linked to the rise of non-European immigration.The thesis therefore suggests that Difference, Otherness and Exclusion have evolved into a societal norm from which exclusionary law claims legitimacy. It suggests that the concepts of Difference Otherness and Exclusion continue to influence contemporary society, and suggests that Europe remains preoccupied with issues of identity and of responding to these issues in a traditional exclusionary manner.Finally the thesis begins to consider whether the animosity and mistrust previously reserved for the European Jewry is now being re-focused on Europe’s Muslim community. It asks if the restrictions on the entry into Europe of those fleeing conflict in the Middle East, and of those who hail from the Indian sub-continent and who wish to settle in Europe, are an expression of a new cycle of exclusionary practice where only the identity of the excluded has changed.Therefore the thesis aims to contribute to knowledge by re-visiting some of the ambiguities inherent in European history, law and society; and challenge assumptions of what gives rise to pejorative attitudes towards immigration and asylum. Through the exercise of independent critical analysis it aims at a new interpretation of known facts. By applying theoretical interpretations to historical and contemporary narrative, the thesis seeks to demonstrate that the identity of the excluded is seldom static, and advances the idea that exclusion, based on ethnicity or religion or gender - the list is not exhaustive – has cyclical characteristics. In terms of law and scholarship it is of societal benefit to understand who were the excluded of the past – and why; who are the currently excluded – and why; and how, given an understanding of the past and the present, it may be possible to forecast who are to be the future excluded, and why this might be so