ABSTRACT

This volume examines cases of accommodation and recognition of minority practices: cultural, religious, ethnic, linguistic or otherwise, under state law. The collection presents selected situations and experiences from a variety of regions and from different legal traditions around the world in which diverse societal stakeholders and political actors have engaged in processes leading to the elaboration of creative, innovative and, to a certain extent, sustainable solutions via accommodative laws or practices. Representing multiple disciplines and methodologies and written by esteemed scholars, the work analyses the pitfalls and successes of such accommodative practices, presenting insights into how solutions could or could not be achieved. The chapters address the sustainability and transferability of such solutions in order to further the dialogue in both scholarly and policy spheres. The book will be essential reading for academics, researchers, and policy-makers in the areas of minority rights, legal anthropology, law and religion, legal philosophy, and law and migration.

chapter |17 pages

Introduction

The Search for Justice in Plural Societies: The Opportunities and Pitfalls of Accommodative Law and Practices
ByKatayoun Alidadi, Marie-Claire Foblets, Dominik Müller

part 1|108 pages

Overcoming Structural (Legislative or Otherwise) Barriers to Accommodation

chapter 2|28 pages

Accommodating Access to Property

Land Restitution and Formalization in Colombia
ByJorge L. Esquirol

chapter 3|13 pages

Recognition of New Religious Communities under Public Law in Switzerland

An Adequate Accommodation Tool?
ByRené Pahud de Mortanges

chapter 4|26 pages

Overcoming Discriminating Taboos in Societies

What the German Experience Can Teach Us about Ideas of (Re)designing Justice Abroad
ByMarkus Böckenförde

chapter 5|22 pages

The Spanish Observatory of Religious Pluralism

The Challenge of Fostering Accommodation through Information, Dissemination, and Research Activities
ByEduardo J. Ruiz Vieytez, Mariana Rosca

part II|45 pages

Islam and Political, Legal, and Economic Inclusion

chapter 6|20 pages

Accommodation, Anxieties, and Ambivalence

Regulating Islam in Singapore
ByJaclyn L. Neo

chapter 7|23 pages

House Rules for Islam in Hamburg

The State Contract between the City of Hamburg and Three Islamic Communities
ByLaura Haddad

part III|51 pages

Accommodation and Indigenous Rights

chapter 8|23 pages

Plurinational Law in the Bolivian Altiplano

Beyond Accommodation?
ByAnnette Mehlhorn

chapter 9|26 pages

Seeking Solutions in the Land of the Long White Cloud

The Whanganui River Settlement in Aotearoa New Zealand as Accommodative Measure
ByElizabeth Steyn

part IV|46 pages

The Role of the Judiciary in Negotiating Plural Normativities

chapter 10|23 pages

Anthropological Expertise in the Peruvian Intercultural Justice Project

ByArmando Guevara Gil, Roxana Vergara Rodríguez

chapter 11|21 pages

(Re)designing Living Customary Law to Protect a First Wife in a Pluralistic Legal System

The South African Constitutional Court Has Spoken
ByChrista Rautenbach