(Source: MPI for European Legal History)
We learned of a conference on European and
Latin American approaches to law and diversity from a legal historical
perspective at the Max Planck Institute for European Legal History.
The tensions between equality and inequality as
principles of justice and distribution as well as between general and
individual case justice are among the basic experiences of any normative order.
These tensions have heightened at various points in the history of law – as
have the ever-new attempts to resolve them through institutional arrangements
and special protection regimes. Our continental European legal system is based
on the principle of equality. However, there is today a growing concern about
how this equality-based system can respond to the increasing demands to take
particular individual or collective circumstances into account to a greater
extent. These concerns are raised in the debate on cultural diversity, but also
in the struggle to compensate for disadvantages resulting from economic or
social differences. In some cases, there are demands for specific, concrete
changes in substantive law or procedural law. However, there are often doubts
as to whether and for how long our equality-based legal system will be able to
meet these challenges without fundamentally changing its structure.
However, this only describes a general
constellation. The social dimensions in which the tension between equality and
inequality emerged and the legal solutions or attempts at solutions it produced
vary from country to country. In the workshop and publication project "Law
and Diversity – European and Latin American Experiences from a Legal Historical
Perspective", contributions from various European and Latin American
countries are intended to illustrate this diversity and at the same time facilitate
a comparison.
More info, as well as the full program, can be
found here
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