Diversity and law

Volume 21 of the Global Perspectives on Legal History is out now

Modern law is based on the principle of equality. In today’s highly differentiated societies with their diversity of identities, however, the legal postulate of equality sometimes reaches its limits. The contributions to this edited volume explore the potential tensions between equality and diversity in law in Europe and Latin America between 1800 and the present day. Using a comparative approach, its authors ask what social differences were and/or are of relevance to the law in these countries and regions.

In this substantial first volume, scholars from Europe and Latin America tackle fundamental questions of law and diversity, for example, in the context of nation state building, constitutional developments and codification movements on both continents. Topics discussed include the treatment of (ethnic) minorities and the state regulation of linguistic and cultural diversity, as well as the problem of (anti-)discrimination against population groups. Last but not least, the contributions by scholars of legal history, legal theory, sociology, anthropology and other disciplines take a fresh look at key normative principles such as autonomy, legal personality and special law – the latter actually a remnant of the pre-modern period.

This volume on general questions will be followed by others focusing on law and diversity in public, private and criminal law.