The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of 'laws' result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.-- Provided by Publisher

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Routledge, Taylor & Francis Group

Ashgate Publishing Limited

Taylor & Francis Ltd

Gower Publishing Ltd

Taylor & Francis (Unlimited), New York, NY, 2018

United Kingdom and Ireland, United Kingdom

Juris diversitas, Abingdon, Oxon, 2018

1, 2018

uuuu

lg3083352

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Cover 1
Half Title 4
Title Page 6
Copyright Page 7
Dedication 8
Table of Contents 10
List of figures 12
Notes on contributors 13
Foreword 17
Acknowledgements 21
1. Introduction: conflicts over justice and hybrid social actors as legal agents 24
Prologue: a biographical note 24
The focus of the current collection of articles 25
Maps and perceptions of conflict 27
The precariousness of conflict and the key role of human agency 36
The practical test 40
The individual articles 45
Part I: Preventing conflict 45
Part II: Articulating conflict 46
Part III: Processing conflict 49
Part IV: Resolving conflict 51
Conclusions 55
References 57
PART I: Preventing conflict 60
2. Beyond the pedagogical beauty of dichotomy: comparative law methodology in liquid times 62
Re-thinking (over and over again) comparative law 62
Methodological limits 65
Beyond the dichotomy: a flexible approach 74
Bibliography 78
3. Managing language in multicultural societies: learning from the Indian experience 84
Preventing conflicts and managing language in multicultural societies 84
Indian federalism: institutional tools to manage cultural and language conflicts 86
Preventing language conflicts through institutional arrangements: the linguistic States 88
Preventing language conflicts through rights 92
Comparative conclusions: suggestions from a post-colonial experience 95
PART II: Articulating conflict 98
4. De-religionising religion: the European Court of Human Rights and the conflict of definition 100
Introduction 100
The selected cases of the Strasbourg Court 103
Debating conceptions of identity of the subject 108
Challenging the legitimate aim 113
By way of epilogue 121
References 123
5. Immigrants or new religious minorities?: conflicting European and international perspectives 128
Introduction 128
Religious diversity in Europe: minorities and immigrants 128
The divergent approaches in practice 134
Towards a minority perspective 140
Conclusion 142
Bibliography 142
6. Conscientious objection in Swedish and Italian healthcare: paradoxical secularizations and unbalanced pluralisms 145
Introduction 145
Conscientious objection in Sweden: the case of Ellinor Grimmark 145
A counter case: the frenzied availing of conscientious objection in Italy 150
Pluralism and claims for difference: the specter of cosification and its shackling effect on freedom 155
The translational path to pluralism: a method for dialoguing among differences 157
Bibliography 161
7. The unfinished education: religion, education and power struggles in multicultural Israel 164
Introduction 164
Religion within education in Israel 165
The design of educational pluralism in Israel: general features 166
Normative justification of close entanglement between religion and the state in education in Israel 169
Constitutional plurality and religious diversity 171
Educational diversification according to religious belonging: the example of Ultra-Orthodox education 175
Educational pluralism, autonomy and accommodation of religious identity 182
Education and democratic governance 187
PART III: Processing conflict 190
8. Feminist dilemmas: the challenges in accommodating women’s rights within religion-based family law in India 192
Introduction 192
I. Contesting India’s personal law system 193
II. Contesting Western feminism: contextualising gender discrimination 195
III. State-led reforms 198
IV. Community-led reforms 203
V. Conclusion 207
Bibliography 208
9. Tamāshā: the theatrics of disputing and non-state dispute processing 212
Disputes as memories and reflections 212
Tamāshā: The creation of liminal spaces 213
Tamāshā: the theatrics of dispute processing 214
Case study 1: Tamāshā as an act of drawing boundaries 216
Understanding the significance of tamāshā in the context of dispute processing 224
Conclusion 227
Bibliography 228
10. Can law ‘sustain’ cultural diversity?: the inheritance laws of Indian minority communities and the Italian legal system 230
Introduction 230
Hindu inheritance laws between judicial system and customary rules 232
Customary rules within Indian communities in Italy 235
Minorities within the Italian legal system 236
Some particular examples of inheritance “laws” in Italy 236
Conclusions 238
Bibliography 239
PART IV: Resolving conflict 242
11. Multiculturalist conflicts and intercultural law 244
Introduction 244
Conflict and social conflict management 245
Cultural and legal shock 246
Law and identity 248
Multiculturalist law 250
The intercultural law: culture and interculture 251
The possibilities of intercultural law 252
Intercultural law and the narrative approach 255
Intercultural law beyond formal law 256
References 257
12. Addressing the possibility of normative conflicts around human rights: the concept of adaptation 260
Introduction 260
Justifying human rights as individual and universal rights 262
The legitimacy of the impact of the universality of human rights within religious and worldview-based communities 266
Patterns of argumentation by religious and worldview-based Communities on their correlation to human rights 268
Adaptation: a model for bringing human rights and religious and worldview-based communities together 273
References 275
13. Adjudication in a pluralized legal field: proposing communication as an analytical device 278
Introduction 278
The Muslim Personal Law in the Indian context 279
Conclusion 293
Bibliography 293
14. Two legal orders and one cause: or a way to simultaneous decision-making 295
The frame 295
The rule 295
The comparative assurance 297
The kernel 299
Bibliography 300
Index 302
Social Normativities in Conflict

"This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames."--Preliminary page

This volume studies the tensions between the universalist aspirations of human rights and their local realizations. It reflects on how these tensions can be eased, while observing how they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interp

2021-08-07