ABSTRACT

Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.

chapter |3 pages

Introduction

chapter Chapter 3|15 pages

Accommodation and its Scope

The Respect for Cultural Identity in the Application and Promulgation of Substantive Family Law

chapter Chapter 4|20 pages

Legal Pluralism

Justification and Dangers of a Lack of Common Ground

chapter Chapter 5|36 pages

Beyond Cultural and Religious Identities

Introducing Discourse Ethics and Procedure to Family-Law Contexts

chapter Chapter 6|6 pages

Seven Theses to Sum Up and Conclude

chapter |2 pages

Conclusion