Europe at the Edge of Pluralism

This volume tackles contemporary problems of legal accommodation of diversity in Europe and recent developments in the area in diverse European legal regimes. Despite professing the motto ‘Unity in Diversity’ Europe appears to be struggling with discord rather than unity. Legal discussions reflect a crisis when it comes to matters of migration, accommodation of minorities and dealing with the growing heterogeneity of European societies.

Editor(s):
Dorota Gozdecka, Magdalena Kmak
Series:
Ius Commune Europaeum
Volume:
134
book | published | 1st edition
May 2015 | viii + 210 pp.

Paperback
€50.-


ISBN 9781780683065


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Details

This volume tackles contemporary problems of legal accommodation of diversity in Europe and recent developments in the area in diverse European legal regimes. Despite professing the motto ‘Unity in Diversity’ Europe appears to be struggling with discord rather than unity. Legal discussions reflect a crisis when it comes to matters of migration, accommodation of minorities and dealing with the growing heterogeneity of European societies.

This volume illustrates that the current legal conundrums stem from European oscillation between, on the one hand, acknowledging the need of accommodation, and, on the other, the tendencies to preserve existing legal traditions. It claims that these opposite tendencies have led Europe to the edge of pluralism. This ‘edge’, just as the linguistic interpretation of the word ‘edge’, carries multiple meanings conveying a plethora of problems encountered by law when dealing with diversity. The authors attempt to explore and illustrate these multiple ‘edges of pluralism’ tracing back their origins and examining the contemporary legal conundrums they have led to.

The volume encourages the readers to explore whether there are fundamental problems with approaches to diversity and if so can they be rescued from their current precarious position. It asks whether Europe at the edge is truly capable to unite in diversity and develop a constructive approach to its growing pluralism.

The book is aimed at academics, practitioners and students focusing their work on contemporary problems of diversity, multiculturalism and accommodation of migrants as well as everybody interested in the area.


Chapters

Table of Contents (p. 0)

Introduction (p. 1)

PART I. LAW, DIVERSITY AND PLURALISM

Democratizing Identity Politics: a Deliberative Approach to the Politics of Recognition (p. 11)

What is Post-Multiculturalism? Recent Trends in Legal and Political Discourse (p. 27)

The Categorization of Minorities in the European Context: Unwrapping the Box (p. 43)

From Universality to Responsibility in International Human Rights. Analyzing David Kennedy’s Critical Approach (p. 59)

Pluralisation through Legal Confl icts? Rethinking Law and Cultural Pluralism (p. 73)

‘The Ugly’ of EU Migration Policy: the role of the Recast Reception Directive in Fragmentation of the Refugee Subject (p. 87)

Welcome to the Margins of Society: an Analysis of (Civic) Integration Policy and the Fundamental Rights of Immigrants (p. 101)

Performing Citizenship and Integration in the UK (p. 115)

PART II. RELIGION, AGENCY AND MINORS

Law, Agency and the Intimate Relationships of Young People: from Rights to Duties and Back? (p. 131)

Respecting Religious Freedoms and Freedom Itself: How “on Earth” Do We Raise Our Children? (p. 147)

PART III. RESPECT AND MEMORY

Democracy as a Trump Card? Combating Hate Speech in Pluralistic Societies (p. 161)

Coping with the Past in a Multicultural Europe: the European Court of Human Rights on Memory and Law (p. 177)

What Judicial Memory for the Amnesty Law of 1977? (p. 191)

About the series:

Ius Commune Europaeum

Subscribe to the series and receive a 15% discount on each volume.

The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


More about this series