A multifaceted approach to legal pluralism and ethno-cultural diversity. Issue 1 (2nd January 2016)

• Record Type: Journal Article
• Authors: Macioce, Fabio
• Is Part Of: Journal of legal pluralism and unofficial law. Volume 48:Issue 1(2016)
• Page Start: 1
• Page End: 16
• Publication Date: 2016-01-02
• Subjects: legal pluralism -- group rights -- multiculturalism -- interpretation -- margin of appreciation; Legal polycentricity -- Periodicals; Customary law -- Periodicals; Ethnological jurisprudence -- Periodicals; 340.505
• DOI: 10.1080/07329113.2015.1110783
• Languages: English
• ISSNs: 0732-9113

Abstract

Abstract : In this paper, I argue that, in order to balance internal cohesion and ethno-cultural diversity in pluralistic communities, a multifaceted approach would be useful. Such an approach puts side by side the recognition of some group rights, a form of joint governance with group authorities, and a judicial mechanism that allows culturally sensitive interpretations of constitutional principles. I suggest that, even though in some social arenas (family, child education, food traditions, and immigration), it would be possible to enforce some kind of form of joint governance; in some situations, it would be useful to have a more nuanced system of legal interpretation, especially when the former solution is somehow impossible. That system, I argue, can be similar to the margin of appreciation doctrine, which the European Court of Human Rights has adopted in order to balance rights' enforcement and national traditions.