ABSTRACT

This introduction presents an overview of key concepts discussed in the subsequent chapters of this book. The book describes the areas in which conflicts may arise, with a view to mapping out the field of tension between cultural diversity, equality, autonomy and inclusion, to indicating possible paths towards addressing these conflicts in an affirmative and productive manner and towards reconciling the protection of cultural identity and autonomy with advancement of social and legal inclusion. It examines the international and European private law, defining author own critical, and admittedly somewhat apodictic, position within that framework. Cultural and religious identity and family law are interrelated in a number of ways and raise various complex issues. The book includes the description of and some and comments on, the various degrees of consideration accorded to cultural identity within substantive family law and some remarks on models of legal pluralism. It concludes with an evaluation of various approaches which are process-based rather than institution-centred.