Marie-Claire Foblets

Barbara Saunders

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.

Changing Genders in Intercultural Perspectives

Jean-Yves Carlier

This volume comprises national reports on migration and migration law from 17 countries representing all continents. The vast majority of these are countries of immigration, which means they face specific challenges in terms of managing migratory flows that are increasingly linked with climate change and scarce natural resources worldwide, and they need to find viable ways to integrate humanitarian migration. Unlike so many recent publications in the field of international migration law, this book brings together reports on diverse countries that are rarely regarded as part of one and the same picture, depicting globalized migration in the contemporary era that to a large extent challenges state sovereignty. The contributions delineate the legal regimes that individual states are continually developing and modifying with a view to managing and controlling access of individual persons to their respective territories. They also show how the restrictive measures that states resort to in the event of failure to manage migration could have a lasting legal impact. The General Report preceding the country reports provides a comparative overview of the national reports, and is divided into two parts. The first, more technical in nature, addresses the classic questions relating to admission to and residence in a country. The second, more reflective section, examines the relationship between laws and migration in a wider and multidisciplinary perspective. To allow a robust comparison, the country reports all follow a similarly wide-ranging structure; to the extent possible, they also cover the historical, sociological and demographic factors that help explain legal regimes and migratory flows in each country. Each country report includes analyses of recent legislative developments and delicate questions that are still awaiting adequate (legal) responses as well as perspectives for the future.

Law and Migration in a Changing World

Maria Sapignoli

Mark Goodale

Olaf Zenker

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

The Oxford Handbook of Law and Anthropology

Prakash Shah

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

Cultural Encounters in Europe

Family, Religion and Law

Alison Dundes Renteln

As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and inevitably clashes between state law and customary law. These cultural conflicts have given rise to a new multicultural jurisprudence. In this volume scholars grapple with the immense challenges judges are currently experiencing everywhere. To what extent can and should courts accommodate litigants' requests by taking their cultural backgrounds into account? This collection brings together powerful examples of the cultural defense in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of this defense, contrary to the mistaken impression that it has been invoked principally in the United States. This book makes the case for undertaking studies of the use of the cultural defense in jurisdictions all over the world where this has not been previously documented. Many of the chapters concentrate on criminal cases including homicide in the context of honour crimes, provocation based on 'loss of face' or witchcraft killings. Some deal with other areas of law such as asylum jurisprudence, family law and housing policy. They show in concrete cases how cultural claims have arisen and how legal systems wrestle with these arguments. It is clear that judges have had considerable difficulty handling many of the cultural claims. The authors demonstrate persuasively the need to reconsider the proper use of cultural evidence in legal proceedings. Those interested in the ways in which expertise influences the disposition of cases will find this book compelling.

Comparative Perspectives on the Cultural Defense

Multicultural Jurisprudence

Katayoun Alidadi

Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.

Religious Diversity and Accommodation in the European Workplace

A Test of Faith?

Jean-François Gaudreault-DesBiens

State Responses from Around the World : Proceedings of the Colloquium "The Response of State Law to the Expression of Cultural Diversity," Brussels, September 2006

Cultural Diversity and the Law

anthropologie juridique et immigration

Les familles maghrébines et la justice en Belgique

Jaak Billiet

Jogchum Vrielink

Multiculturalisme ontleed

Within the framework of the Forum A. & A Leysen, several experts from in and outside the Muslim world contributed to this book. In Islam and Europe: Crises Are Challenges they discuss how dialogues between Islam and the West, with a focus on Europe, can be achieved. The various authors (legal scholars, political theorists, social scientists, and psychologists) explore in these collected essays such interrelated questions as: How much diversity is permissible within a liberal pluralistic democratic society? How strong are the implications of citizenship? What are equitable accommodations of contested practices? They argue for an adequate understanding of how Western Muslim communities in Europe experience their minority position and what needs to be done to improve their participation in European society. The second part of this Volume is a collection of papers written around the work of Abdullahi Ahmed An-Naim, Who also makes his own contribution to the book. The Catholic University of Leuven awarded An-Naim an honorary doctorate in 2009 on the theme of multiculturalism, intercultural relations and diversity. An-Naim is recognized the world over as a leading expert in the area of religion and law, and as a human rights activist. Islam and Europe: Crises Are Challenges reinforces our sense that a better knowledge and awareness of the growing diversity of our society, and striving for harmonious relations between Islam and the West, are among the most important challenges of our time.

Crises are Challenges

Islam & Europe

Zeynep Yanasmayan

This edited collection gathers together the principal findings of the three-year RELIGARE project, which dealt with the question of religious and philosophical diversity in European law. Specifically, it covers four spheres of public policy and legislation where the pressure to accommodate religious diversity has been most strongly felt in Europe: employment, family life, use of public space and state support mechanisms. Embracing a forward-looking approach, the final RELIGARE report provides recommendations to governance units at the local, national and European levels regarding issues of religious pluralism and secularism. This volume adds context and critique to those recommendations and more generally opens an intellectual discussion on the topic of religion in the European Union. The book consists of two main parts: the first includes the principal findings of the RELIGARE research project, while the second is a compilation of 28 short contributions from influential scholars, legal practitioners, policy makers and activists who respond to the report and offer their views on the sensitive issue of religious diversity and the law in Europe.

What Future for a Secular Europe?

Belief, Law and Politics

Bernard Hubeau

burgerschap en inburgering in België en Nederland

Nieuwe burgers in de samenleving?

Alison Renteln

Michele Graziadei

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 principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual's acts. Second, in a society characterized by 'weak pluralism', the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called 'guardian function' of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning.

A Principle and Its Paradoxes

Personal Autonomy in Plural Societies

Mireille Hildebrandt

Jacques Steenbergen

Dit Liber Amicorum presenteert een waaier van juridische, rechtstheoretische en rechtsfilosofische bijdragen, met een catalogus van prangende vragen binnen de domeinen waar Prof. (em.) Dr. René Foqué over doceerde en publiceert. De bijdragen zijn gegroepeerd rond vier thema's: - 1) Democratie en Rechtsstaat Andre Alen en Stef Feyen, Arthur Docters van Leeuwen, Paul Fris­sen, Marlies Galenkamp, Hans Gribnau, Ton Hol, Cees Maris, Herman Diederik Tjeenk Willink, Jozias van Aartsen, Wibren van der Burg, Luc Wintgens, Willem Witteveen - 2) Strafrecht en criminologie John Blad, Paul De Hert, Anhony Duff, Cyrille Fijnaut, Frank Hutsebaut, Constantijn Kelk, Jeroen Ten Voorde, Herman van Gunsteren, Jogchum Vrielink en Eva Brems - 3) Europees en internationaal recht, en global governance: Jaap de Zwaan, Marie-Claire Foblets, Krijn Haak, Ellen Hey, Mireille Hildebrandt, Koen Lenaerts, Jean-Marc Piret, Jacques Steenbergen, Jules Stuyck, Walter van Gerven, Valérie Verbist, Amaryllis Verhoeven, Jan Wouters en Kenneth Chan - 4) Interdisciplinariteit en rechtswetenschap: Jan Broekman, Martin Buijssen, Erik Claes, Johan De Groef, Frank Fleerackers, Jeanne Gaakeer, Serge Gutwirth, Ton Van Haaften, Marc Van Hoecke, Koo Van der Wal, Annalisa Verza

Liber Amicorum René Foqué

Marie-Claire Foblets

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