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.
Formatted Contents Note
chapter 1 Introduction 1Conflicts over justice and hybrid social actors as legal agents / Werner Menski part I Preventing conflict chapter 2 Beyond the pedagogical beauty of dichotomy 39Comparative law methodology in liquid times / Tommaso Amico di Meane chapter 3 Managing language in multicultural societies Learning from the Indian experience / Domenico Amirante part II Articulating conflict chapter 4 De-religionising religion 76The European Court of Human Rights and the conflict of definition / Kyriaki Pavlidou chapter 5 Immigrants or new religious minorities? Conflicting European and international perspectives / Fabienne Bretscher chapter 6 Conscientious objection in Swedish and Italian healthcare Paradoxical secularizations and unbalanced pluralisms / Melisa Vazquez chapter 7 The unfinished education Religion, education and power struggles in multicultural Israel / Kyriaki Topidi part III Processing conflict chapter 8 Feminist dilemmas 168The challenges in accommodating women's rights within religion-based family law in India / Tanja Herklotz chapter 9 Tamāshā The theatrics of disputing and non-state dispute processing / Kalindi Kokal chapter 10 Can law 'sustain' cultural diversity? The inheritance laws of Indian minority communities and the Italian legal system / Chiara Lapi part IV Resolving conflict chapter 11 Multiculturalist conflicts and intercultural law / Pierluigi Consorti chapter 12 Addressing the possibility of normative conflicts around human rights The concept of adaptation / Peter G. Kirchschlaeger chapter 13 Adjudication in a pluralized legal field Proposing communication as an analytical device / Gopika Solanki chapter 14 Two legal orders and one cause Or a way to simultaneous decision-making / Wolfgang Wieshaider.