Oral History - Legal Interpretation and Relationship To Historical Truth

Legal Interpretation and Relationship To Historical Truth

In 1997 the Supreme Court of Canada, in the Delgamuukw v. British Columbia trial, ruled that oral histories were just as important as written testimony. Of oral histories, it said "that they are tangential to the ultimate purpose of the fact-finding process at trial – the determination of the historical truth."

Writers who use oral history have often discussed its relationship to historical truth. Gilda O'Neill writes in Lost Voices, an oral history of East End hop-pickers: "I began to worry. Were the women's, and my, memories true or were they just stories? I realised that I had no 'innocent' sources of evidence - facts. I had, instead, the stories and their tellers' reasons for remembering in their own particular ways.' Duncan Barrett, one of the co-authors of The Sugar Girls describes some of the perils of relying on oral history accounts: "On two occasions, it became clear that a subject was trying to mislead us about what happened – telling a self-deprecating story in one interview, and then presenting a different, and more flattering, version of events when we tried to follow it up. often our interviewees were keen to persuade us of a certain interpretation of the past, supporting broad, sweeping comments about historical change with specific stories from their lives." Alessandro Portelli argues that oral history is valuable nevertheless: "it tells us less about events as such than about their meaning the unique and precious element which oral sources force upon the historian is the speaker's subjectivity."

Read more about this topic:  Oral History

Famous quotes containing the words legal, relationship, historical and/or truth:

    Lawyers are necessary in a community. Some of you ... take a different view; but as I am a member of that legal profession, or was at one time, and have only lost standing in it to become a politician, I still retain the pride of the profession. And I still insist that it is the law and the lawyer that make popular government under a written constitution and written statutes possible.
    William Howard Taft (1857–1930)

    Friendship is by its very nature freer of deceit than any other relationship we can know because it is the bond least affected by striving for power, physical pleasure, or material profit, most liberated from any oath of duty or of constancy.
    Francine Du Plesssix Gray (20th century)

    We can imagine a society in which no one could survive as a social being because it does not correspond to biologically determined perceptions and human social needs. For historical reasons, existing societies might have such properties, leading to various forms of pathology.
    Noam Chomsky (b. 1928)

    Well, most men have bound their eyes with one or another handkerchief, and attached themselves to some of these communities of opinion. This conformity makes them not false in a few particulars, authors of a few lies, but false in all particulars. Their every truth is not quite true. Their two is not the real two, their four not the real four; so that every word they say chagrins us and we know not where to set them right.
    Ralph Waldo Emerson (1803–1882)