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Personal Autonomy in Plural Societies
This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the princip...
Normativity and Diversity in Family Law
With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
Changing Genders in Intercultural Perspectives
Drawing on extensive fieldwork, the essays in this book develop contextual and strategic analyses of the way sex-gender constellations can be configured as political identities, as a resource, or in response to unforeseen contingencies.
Treatment of Foreign Law - Dynamics towards Convergence?
This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of for...
Migrants' Rights, Populism and Legal Resilience in Europe
Identifies paths for legal resilience against restrictions of migrants' rights introduced by the forces of authoritarian populism.
Global Private International Law
Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.
Mobile People, Mobile Law
Mobile people, mobile law: an introduction, Franz von Benda-Beckmann, Keebet von Benda-Beckmann and Anne Griffiths; Transborder citizenship: an outcome of legal pluralism within transnational social fields, Nina Glick Schiller; Transnational migration and the re-framing of normative values, Monique Nuijten; 'Global fire': repatriation and reparations from a Rastafari (re)migrants perspective, Werner Zips; McTradition in the new South Africa: commodified custom and rights talk with the Bafokeng and the Bapedi, Barbara Oomen; Democracy in flux: time, mobility and sedentarization of law in Minangkabau, Indonesia, Franz von Benda-Beckmann and Keebet von Benda-Beckmann; Mobile law and globalism: ...
