The article How Law Manifests Itself in Australian Aboriginal Art will discuss two events at the Aboriginal Art Museum Utrecht from the perspective of a meeting between two artistic and legal cultures. The first event, on the art and law of the Spinifex people, will prove to be of a private law nature, whilst the second event, on the art and law of the Wik People, will show characteristics of international public law. This legal anthropological contribution may frustrate a pluralistic perspective with regard to the coexistence of Western law and Aboriginal law on the one hand and of Utrecht's Modern Art Museum and the presented Aboriginal Art on the other. It will show instead the self-evidence of art and law presented and their intertwined connection for the Aboriginal or indigenous peoples of Australia. |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | legal pluralism, native title, reconciliation, indigenous people of Australia, Aboriginal art |
Authors | Dr. Agnes T.M. Dr. Schreiner |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | clan, rule of law, Albert Venn Dicey, Walter Scott, legal memory |
Authors | Dr. Mark S. Weiner |
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In this essay, I provide a historical and theoretical framework for understanding the imaginative relation between the liberal rule of law and the kin-based form of socio-legal organization I call ‘the rule of the clan’ – a classic example of law created ‘from below’. Specifically, I believe that a culturalist disciplinary perspective reveals that the modern liberal state and its more centralized rule of law always stand in an ironic, dialectical relation to the rule of the clan as a legal form. Liberal society, that is, nurtures itself through an anti-liberal utopian imaginary. This article provides an intellectual history backdrop for theorizing that dialectical relationship by examining two contrasting ways in which nineteenth-century British intellectuals imagined the rule of law. Following the work of Charles Taylor and, more specifically in the legal field, Paul Kahn, my goal is to depict a social imaginary of modern liberalism that has been neglected within contemporary liberal theory – and, in doing so, provide a way to appreciate the cultural foundations of liberal legality. The article considers the stories that nineteenth-century British intellectuals told about the relation between the rule of law and the rule of the clan as a way to think about the rule of law today. It thus tacks between three different shores: the world of legal pluralism (the rule of the clan), the world of nineteenth-century British analysis of the rule of the clan and the contemporary relation between culture and modern liberal society. |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | Syria, personal status law, Eastern Catholic law, patriarchal family, marital obligations |
Authors | Esther Van Eijk Ph.D. |
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Family relations in Syria are governed by a plurality of personal status laws and courts. This plurality manifests itself on a variety of levels, including statutory, communal and individual. In this article, the author argues that, albeit this plurality, Syrian personal status law is also characterised by the prevalence of shared, gendered norms and views on marital life. Based on fieldwork conducted in a Catholic and a shar’iyya personal status courts in Damascus in 2009, the author examines the shared cultural understandings on marital relationships that were found in these courts, and as laid down – most importantly – in the respective Catholic and Muslim family laws. The article maintains that the patriarchal family model is preserved and reinforced by the various personal status laws and by the various actors which operated in the field of personal status law. Finally, two Catholic case studies are presented and analysed to demonstrate the importance and attachment to patriarchal gender norms in the Catholic first instance court of Damascus. |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | national judges, legal pluralism, application of EU law, legal consciousness, supremacy and direct effect of EU law |
Authors | Urszula Jaremba Ph.D. |
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The notion and theory of legal pluralism have been witnessing an increasing interest on part of scholars. The theory that originates from the legal anthropological studies and is one of the major topical streams in the realm of socio-legal studies slowly but steady started to become a point of departure for other disciplines. Unavoidably it has also gained attention from the scholars in the realm of the law of the European Union. It is the aim of the present article to illustrate the legal reality in which the law of the Union and the national laws coexist and intertwine with each other and, subsequently, to provide some insight on the manner national judges personally construct their own understanding of this complex legal architecture and the problems they come across in that respect. In that sense, the present article not only illustrates the new, pluralistic legal environment that came into being with the founding of the Communities, later the European Union, but also adds another dimension to this by presenting selected, empirical data on how national judges in several Member States of the EU individually perceive, adapt to, experience and make sense of this reality of overlapping and intertwining legal orders. Thus, the principal aim of this article is to illustrate how the pluralistic legal system works in the mind of a national judge and to capture the more day-to-day legal reality by showing how the law works on the ground through the lived experiences of national judges. |
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Social Europe after Lisbon: Putting the ‘Social’ into the ‘Market Economy’ |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Catherine Barnard |
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Regulating Local Border Traffic in the European UnionSalient Features of Intersecting Legal Orders (EU Law, International Law, Hungarian Law) in the Shomodi Case (C-254/11) |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Tamás Molnár |
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Old-Age Discrimination: The Age-Blindness of International Human Rights Law |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Adrienne Komanovics |
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Multilevel Protection of Fundamental Rights in the European Union and in Hungary |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Elisabeth Sándor-Szalay and Ágoston Mohay |
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Enforceability of the European Convention on Human Rights by Ordinary Courts in HungaryAn Analysis of a Newly Opened Procedural Path and its Constitutional Framework |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Máté Mohácsi |
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Protection of European Citizens in Third States under Article 23 TFEU |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Imola Schiffner |
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Union Citizenship: Fundamental Status and Fundamental Rights Analysis of the Recent Jurisprudence of the Court Related to Union CitizenshipThe Rottmann, Zambrano, McCarthy and Dereci Cases |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Laura Gyeney |
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State Acts and Responsibility in the Hungarian-Azeri-Armenian Triangle of the Safarov CaseA Legal Analysis of the Transfer and Liberation of the Notorious Convict in the Hungarian-Azeri-Armenian Triangle |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Csaba Törő |
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