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Original Articles

Defining the traveller: From legal theory to practical action

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Pages 167-178 | Published online: 01 Feb 2008
 

Abstract

In this article we draw attention to the very different ways in which the definition of a ‘Gypsy’ has been constructed in legal discourse. The development of a ‘racially flavoured’ ethnic definition with reference to race relations legislation is compared with the adoption of a non-ethnic nomadic definition in the context of caravan site legislation. Disjunctions are then identified between these definitions and both the social reality of travelling and the practical action taken by local authorities to regulate it. For source material we have drawn upon the reports of the relevant case law, previous studies conducted by Gypsy scholars and our own empirical data relating to local authority action.

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