Uniformising or pluralising family law in Europe? An inclusive comparative approach

CatturaDOMENICO FRANCAVILLA – CDCT Working Paper 13-2012/ELC7

Abstract: The article identifies some issues concerning the place and potential role of ethnic minorities within uniformising trends of European family law. It addresses several theoretical questions concerning the ‘logic’ of uniformisation and deals with the general problem of feasibility and desirability of uniform law. The analysis makes reference to developments in modern Hindu family law aiming at highlighting from a comparative point of view the dynamics between uniformity and diversity in the Indian context, and provides an account of what an inclusive comparative approach would mean as a tool to analyse the accommodation of ethnic minority laws in the European context without confining them in a realm apart from both a theoretical perspective and a practical one.

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