Normative Pluralism and Human Rights: Social Normativities in Conflict

ISBN-13: 9780367589332 / Angielski / Miękka / 2020 / 284 str.

Kyriaki Topidi

Opis

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

Spis treści

1. Introduction: Conflicts over Justice and Hybrid Social Actors as Legal Agents; 

PART I: Preventing Conflict; 

2. Beyond the Pedagogical Beauty of Dichotomy: Comparative Law Methodology in Liquid Times; 

3. Managing Language in Multicultural Societies: Learning from the Indian Experience; 

PART II: Articulating Conflict; 

4. De-Religionising Religion: The European Court of Human Rights and the Conflict of Definition; 

5. Immigrants or New Religious Minorities? Conflicting European and International Perspectives; 

6. Conscientious objection in Swedish and Italian health care: Paradoxical Secularizations and Unbalanced Pluralisms; 

7. The Unfinished Education: Religion, Education and Power Struggles in Multicultural Israel; 

PART III: Processing Conflict; 

8. Feminist Dilemmas: The Challenges in Accommodating Women’s Rights within Religion-based Family Law in India; 

9. Tamasha: The Theatrics of Disputing and Non-State Dispute Processing; 

10. Can Law ‘Sustain’ Cultural Diversity? The Inheritance Laws of Indian Minority Communities and the Italian Legal System; 

PART IV: Resolving Conflict; 

11. Multiculturalist Conflicts and Intercultural Law; 

12. Addressing the Possibility of Normative Conflicts around Human Rights: The Concept of Adaptation; 

13. Adjudication in a Pluralized Legal Field: Proposing Communication as an Analytical Device; 

14. Two Legal Orders And One Cause—Or a Way to Simultaneous Decision Making;

O autorze

Kyriaki Topidi is Senior Lecturer and Associate Director of the Centre for Comparative Constitutional Law and Religion at the Faculty of Law of the University of Lucerne in Switzerland. She has undertaken extensive research in the areas of minority rights, human rights law, comparative constitutional law and law and religion issues. Her current research interests focus on religious diversity in public school systems. She is the author and editor of a number of volumes and articles that problematize the use of human rights in plural settings.