This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual’s acts. Second, in a society characterized by ‘weak pluralism’, the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function’ of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning.
'This rich Volume not only invites – but forces – the reader to critically reflect on the meaning of liberalism, in a liberal democracy, in relation to the notions of personal autonomy and human rights. Whatever has been taken for granted turns out to be much more complicated when contrasted with the needs in a pluralistic society. The Volume is a warmly recommended reading for anyone concerned about the limits of cultural diversity.'
Maarit Jänterä-Jareborg, Prof. Dr. Dr. h.c. mult., Professor of Private International Law and International Civil Procedure, Uppsala University, Sweden
'In principle, personal autonomy should be a useful idea to navigate the troubled waters of contemporary plural societies. But what happens if that rudder is itself culturally conditioned? Is it still personal autonomy to stay the course? These are the main questions that this book seeks to answer.'
Carlos Gómez Martínez, Judge in the Court of Appeal of the Balearic Islands
Introduction: Individual Autonomy in Contemporary Plural Societies: How to Reconcile Competing Normative Standards? - Marie-Claire Foblets, Michele Graziadei and Alison Dundes Renteln
Part I: Autonomy in the Face of Cultural Diversity: Disciplinary Perspectives
1. The Fault in our Stars: Personal Autonomy, Philosophy, and the Law - Michele Graziadei
2. Confronting Autonomy in Liberal Practice - Geoffrey Brahm Levey
3. Autonomy and Deeply Embedded Cultural Identities - John Christman
4. Three Approaches to the Protection of Religious Freedom: Choice, Interest, Identity - Avigail Eisenberg
5. Appeals to Choice and Sexual Equality: Debates over Religious Attire - Monique Deveaux
6. Why the Individual must be Defended ~ Seemingly against all Anthropological Odds - Olaf Zenker
Part II: Autonomy in Context: Empirical Illustrations
A: The Majoritarian Assessment of Personal Autonomy
7. Cultural Diversity in the Workplace: Personal Autonomy as a Pillar for the Accommodation of Employees’ Religious Practices? - Katayoun Alidadi
8. Adopting a Face-Veil, Concluding an Islamic Marriage: Autonomy, Agency, and Liberal-Secular Rule - Annelies Moors
9. Unregistered Muslim Marriages in the UK: Examining Normative Influences Shaping Choice of Legal Protection - Rajnaara Akhtar
10. Quis custodiet ipsos custodes? Personal Autonomy, Forced Marriage, and the Inherent Jurisdiction in English Law - Alberto Neidhardt
11. Balancing Migration Policy and Personal Autonomy in Private International Law: A Shattered Illusion? - Jinske Verhellen
12. The Anti-Religious Bias in Personal Autonomy: Towards Coherence and a Solution - Toon Agten
13. Shaping Notions of Personal Autonomy in Plural Societies: Addressing Female Genital Cutting in France and the European Regulatory Framework’s Approach to this Custom - Lucia Bellucci
14. The Human Rights Dimensions of Virginity Restoration Surgery - Alison Dundes Renteln
B. Individual Agency in situ
15. ‘It is Better for Me to Agree When My Guardian is Here’: Consent and Relational Personhood in Postcolonial Malawi - Jessica Johnson
16. The Multiple Search for Autonomy among Moluccans in the Netherlands: A Relational Approach - Keebet von Benda-Beckmann
17. An All but Trivial Abortion: Scrutinizing Sex Selection Legislation in India through the Lens of Women’s Autonomy - Kalindi Kokal
18. Rethinking Social Norms: Contraceptive Use and Women’s Right to Choose in Senegal - Chiara Quagliariello
19. Autonomous Aspirations? Re-reading the CEDAW Drafting Process and Examining Muslim Women’s Contributions - Shaheen Sardar Ali and Arjumand Bano Kazmi
20. ‘That’s not our Culture’: Paradoxes of Personal Property in Indigenous Self-Governance - Ian Kalman
The series is intended as a forum for the publication of outstanding scholarly contributions that strive systematically to involve legal practitioners in the research, thinking, and theorizing about the search for justice and the accommodation of diversity in contemporary pluralistic societies. It focuses on applied legal anthropology, giving equal weight both to an anthropologically informed understanding of diversity of normative orders (often existing side-by-side within a single state system) and to the practical, pragmatic experience and concerns of legal practitioners (judges, lawyers, legal services representatives, etc.) who, in their daily practice, confront the phenomenon of ‘internormativity’ – situations where different normative logics come into contact (and often conflict) with one another – and the resulting need for state legal systems to accommodate this diversity.