CULTURE & SOCIETY_Personal Portrait

Law and Anthropology

Many different conceptions of law exist side by side in multicultural societies – a reality that formal legal systems have ignored for far too long, according to Marie-Claire Foblets. As Director of the new Department for Law and Anthropology at the Max Planck Institute for Social Anthropology, she hopes to help change this situation.

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here is something curiously that concerns her: “I hope I’m around “I grew up in a small country, full of British about the way Marie- enough for my doctoral students,” she cultural and linguistic diversity,” she Claire Foblets makes her way says on the way to the old market explains in relation to the origin of her through the streets of smart square, where she has suggested a res- interest in multicultural societies and townhouses in the shopping taurant for our lunch. Even having just strategies for conflict resolution. “You Tdistrict of the old university city, wear- met her, it sounds improbable that could also say that I was socialized in ing a trench coat and carrying an um- someone for whom she has assumed re- an awareness that well-negotiated com- brella. However, this isn’t Oxford, but sponsibility could feel neglected. promises can increase the potential for the capital of the province of Flemish reconciliation, even in cases where there Brabant. She just returned from Halle a BACKGROUND INFLUENCES are huge differences.” few days ago, where she has been head- ONE’S THOUGHTS AND ACTIONS For 20 years, she has researched, lec- ing up the new Department for Law tured on and written about the legal and Anthropology at the Max Planck Born in Brasschaat, a Belgian town in problems affecting multicultural social Institute for Social Anthropology since the Antwerp area of Flanders, Marie- systems. “It’s fascinating to look into March of this year. Claire Foblets has spent most of her the normative logic of cultures,” says The fact of the matter is, when Fob- life in Belgium. She studied in Antwerp the scholar about her work. Of particu- lets agreed to heed the call of the Max and Leuven and has worked there for lar interest is the development of Eu- Planck Society to Germany, it was on most of the last 20 years. The legal an- rope, where globalization and migra- condition that she would be able to thropologist wouldn’t necessarily sub- tion made societies everywhere increas- continue in her post as Director of the scribe to the view that she is a typical ingly multicultural, even in relation to Institute for Migration Law and Legal Belgian, but she is convinced that cer- law. “We get migrants who have com- Anthropology at the Catholic Universi- tain characteristics of this small king- Characterized by linguistic and cultural ty of Leuven. Now she travels between dom in Western Europe have had a diversity: The Belgian Marie-Claire Foblets, the two locations, and feels quite com- major influence on her way of think- Director at the Max Planck Institute for Social Anthropology. fortable doing so. There’s just one thing ing and acting. Photo: Sven Döring

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CULTURE & SOCIETY_Personal Portrait

Research in dialogue and alone at her desk: Marie-Claire Foblets works with Bertram Turner (center) and Martin Ramstedt (right) on a comprehensive international database. It’s intended to enable legal experts and politicians to access past legal proceedings in which people from other cultures and legal conceptions came into conflict with the official national legal system.

pletely different conceptions of justice She stops frequently as we make our which the city of Leuven is also world or what is just, and they keep their law way into the center of Leuven, to point renowned. My hostess, in turn, is served codes. Of course they adapt, just as we out interesting details on the buildings. carpaccio and a small glass of dry white do, but in the course of that process, Most of the townhouses, richly decorat- wine. certain issues prove difficult and end up ed in typically Flemish style, look old- before the courts,” Foblets says, describ- er than they are. “These here were sim- BACKGROUND KNOWLEDGE FOR ing the impacts of the new legal plural- ply reconstructed after they had been POLITICS AND SOCIETY ism on society. destroyed by the Germans during World War I,” she recounts, indicating a par- Marie-Claire Foblets would also make ENTICING OFFER FROM THE ticularly attractive row of houses. It’s quite a respectable tour guide – perhaps MAX PLANCK SOCIETY clear that she has a wealth of knowl- because she already is one in a way, only edge about the history of the old uni- on another level. As a legal anthropolo- An increase in nationalistic tendencies versity city, and enjoys sharing it. gist, she has studied the social rules and is also being seen all over Europe, and From this perspective, it would seem structures of other cultures in theory and “Belgium is no exception,” she says. that her choice of “Rodins” in the Oude practice and is committed to ensuring These considerations may have played Markt was no random selection. With that this knowledge makes its way into a role in her decision to open a new its dark interiors, it reflects the flair of society. Of particular concern to her is chapter in her career, swapping the fa- Dutch “brown cafés” for “Gezelligheid,” equipping decision-makers in politics miliar life of a professor for that of a roughly translated as coziness and con- and society with the necessary back- commuter. “The offer to continue my viviality. The food should also be typi- ground knowledge to deal appropriately research long term and on an interna- cally Belgian, and the waitress serves with the legal problems and issues that tional level under the aegis of the Max this German visitor steak tartare, fries the day-to-day coexistence of people

Planck Society was very enticing.” and a beer from the local brewery, for from different cultures brings with it. Photo: Sven Döring

80 MaxPlanckResearch 4 | 12 Photo: Sven Döring tant.” Shewouldmuch tions aside:“That’s reallynotimpor- recalls. Butshewavesallpersonal ques- ognition ofmyresearch findings,”she in recognitionofherwork. er, KingAlbertIImadeherabaroness is worth150,000euros.Two yearslat- Prize; conferredinathree-yearcycle,it prestigious scienceaward,theFrancqui ogy washonoredwithBelgium’s most her workinthefieldoflegalanthropol- stamp bearingherportrait, important scientists.Thereisevena pretentiously, isoneofBelgium’s most now relaxedandsippingherwineun- ception totherule.The52-year-old, modesty. Marie-ClaireFobletsisnoex- have somethingtohide,butoutof from theirownlives–notbecausethey hesitanttorevealthings ing arevery who reallyhavesomethingworthshar- It’s quiteremarkablethatthosepeople “What pleasedmemostwas the rec- rather talk and in about 2004, gate thedifferentlegalspheres. people inamulticulturalsocietynavi- suddenly becomesrelevant.Orhow ple, andunderwhatcircumstances this tween differentlegalsystems,forexam- her work–thepoliticalinteractionbe- Claire Foblets. with thesolution,”recounts Marie- mained incontacttoseehow theylived by acourtdecision,Ifrequently re- when theconflictorissuewas resolved “I gavemyclients cialized inmigrationandasylumlaw. phy. Thelawfirmsheworkedinspe- tion ofherstudiesinlawandphiloso- association inBrusselsuponcomple- the French-speakingsectionofbar gal practice,whenshewasadmittedto She studiedthisissuefortenyearsinle- ANTHROPOLOGY CIRCUITOUS ROUTE TO LEGAL legal advice and then, employment,” sherecallsof herdeci- that wouldguaranteesecure accessto expect metoimmediatelyselect apath tunate positionthatmyparents didn’t pursue acareerinlaw. “Iwasinthefor- 17, shewasn’t necessarilyintendingto law atAntwerpUniversitytheageof Whensheregisteredtostudy observes. seemssoobvious,”she that everything would leadher. “It’s onlyinhindsight thropology,” shesays. fact that’s whatbroughtmetolegalan- always foundthatfascinating,andin the lawfortheirownpowergames.“I drew theconclusionthatpeopleuse mented theruling.”Fromthis,Foblets the right;theyneveractuallyimple- them justwantedtoknowtheywerein the courtstosetprecedents.“Someof that peoplearen’t interestedinusing In doingso,shefrequentlyobserved wasn’t atallclearwherehercareer In fact,whenshestartedout,it 4 | 12 MaxPlanckResearch MaxPlanckResearch 81 sion, which she hoped would broaden with a scholarship that took her to the sharpened my awareness of how differ- her personal horizons. She was simply University of Münster for a semester of ent mindsets exist alongside each oth- curious about the world. And just as philosophy. There she came across the er all over the world.” some learn a language by studying its phenomenologist Hans Blumenberg, Her work in Brussels was taking grammar, she used her freedom to grasp who believed that those who take too place during the time that Europe was the structures of the world. narrow a view when interpreting hu- beginning not only to constitute itself The discipline of law, with its differ- man life and living environments fail as a supranational alliance of member ent types of normative logic and the re- to do justice to their subject. states with a joint foreign and security sulting rules, was evidently just right policy and cooperation in justice and for her. But there was a snag. “The an- PARALLEL UNIVERSE OF internal affairs, but also to align its asy- swer is there, and you always have to CONFLICT MANAGEMENT lum and migration policy. “It was an try to line up the facts with the rules, exciting time for me as a young lawyer, but I found that a little too dry,” she However, Marie-Claire Foblets would and I learned a lot about how issues of says about her first, rather insipid expe- only truly encounter this open-mind- international migration are dealt with riences with academic life. It was a sim- edness when, back in Belgium once in law,” says Foblets. “At the same time, ilar story with her second subject, phi- more, she devoted serious attention to I was able to observe the increasingly losophy. The philosophical theories anthropology. This science, which rapid development of unprecedented about the origin of moral concepts and probes all aspects of human existence legal pluralism in immigrant societies.” related norms were quite relevant to and co-existence, opened up new worlds It was also during this period that her legal studies, but she found them to her. “It was as if a door opened that she completed her doctorate in an- very abstract. I was completely unaware of as a law thropology, largely inspired by those The exception came upon comple- student,” she remembers. Suddenly, her observations and focusing on North tion of her master’s degree in Belgium, direction seemed clear. “Anthropology African families living in Belgium and

Contested ritual: In the Muslim and Jewish worlds, boys are circumcised to symbolize their belonging to the religion – a cause for great celebration in their families. In Germany, however, circumcision is met with resistance. In June, a judge at the Cologne regional court ruled that the circumcision of a four-year-old Muslim boy was an infringement of the boy’s basic right to physical integrity. Consequently, legal experts have called for a bill to legalize circumcisions performed under proper medical conditions. One attentive listener to the debate in the Bundestag was Israeli Chief Rabbi Yona Metzger, who, at a federal press conference in August, proposed a compromise that those performing circumci-

sions in Germany should receive basic medical training. Photos: AP (left), ddp (right, 2) CULTURE & SOCIETY_Personal Portrait

the Belgian legal system. “As an an- knowledge garnered through legal an- precisely this purpose. The basic right thropologist, I was especially interest- thropology is so important for modern to physical integrity clashes here with ed in how members of minority com- society. “Because pluralism, in all its the social tradition of the two other cul- munities behave in pluralistic settings complexity, has arrived in our society tures, in which a boy becomes a mem- when the legal concepts of their cul- and this reality has been ignored for far ber of the religious community when ture of origin aren’t recognized by the too long by the formal legal system.” he is circumcised. This raises the ques- official legal system of their new home, And: “Unfortunately, it must also be tion of which is more important: the but they still want to seek just solu- said that the lawyers and legal experts child’s basic right to physical integrity, tions in personal disputes.” who are educated in European univer- or his identity? Foblets discovered a parallel uni- sities aren’t properly equipped to deal verse of strategies and mechanisms of adequately with the new situation.” RULING STRIKES AT THE CORE conflict management in that society However, this ignorance carries the OF MUSLIM IDENTITY and learned a great deal about the ex- seeds of social unrest, as seen recently periences of minorities with the Euro- in the example of a ruling by the Co- “We developed the concept that phys- pean legal system. “Now, 20 years later, logne regional court. A judge there ical integrity is an important value in we know much more thanks to many deemed the circumcision of a four-year- legal terms, and that it is in a child’s in- research projects – not only anthropo- old Muslim boy to be an infringement terest,” says Foblets. “However, this logical ones, but also sociological and of his basic right to physical integrity, clashes with other world views in which psychological.” setting off an enormous wave of protest a person’s identity is largely defined by among Muslims and Jews. “They see his or her religion. Without this, they PLURALISM WAS IGNORED FOR the verdict as discrimination against have no identity.” If one considers FAR TOO LONG their religion,” says Foblets, explaining physical integrity from a global per- that, in this case, two world views came spective, it turns out that an astonish- She continues to speak in clear, well- into conflict, each of them having their ing number of societies around the formulated sentences, but now at a re- own set of rules. world use physical markings to symbol- markable pace, and even the gestures Strictly speaking, both were con- ize identification with their culture. she uses to emphasize her words are cerned with the well-being of the child, If a judge in Cologne decides to ap- livelier. She has come to the topic she because for many people, bringing a proach this type of case from a Western really wants to talk about: why the child up in one’s own religion serves perspective, conflicts with other seg- CULTURE &SOCIETY tablets allow them to analyze the impact of Islamic jurisprudence jurisprudence Islamic of impact the analyze to them allow tablets 84 ing fundamentaldecisionson conflicts hensive internationaldatabase contain- other ofhergoalsistocreate acompre- thoughts onspecificcurrent issues.An- workshops toshareexperiences and tutes. Herwishlistincludes regular disciplines andotherMaxPlanckinsti- pologists andresearchers fromother hopes tonetworkthemwithanthro- from politicsandeducation.Foblets get group,butsoaredecisionmakers cess todate,butthatmaybehelpful.” about, ortowhichtheyhavehadnoac- able knowledgethatjudgesknowlittle anthropologists haveawealthofvalu- the cultures.Rather, Iwanttoshowthat or takingapositioninfavorofone in risingabovethepositionofjudge fessional responsibilitydoesn’t consist not leadtodivisioninsociety. “Mypro- finding appropriatesolutionsthatdo ferent communities.Itisaquestionof uting tothepeacefulcoexistenceofdif- putes forsocialconflict,therebycontrib- reveal thepotentialofsuchlegaldis- new MaxPlanckDirectoraimstohelp among MuslimsandJewsinGermany. Claire Foblets,explainingtheoutrage heart oftheiridentity,” saysMarie- their cultureisboundtostrikeatthe raise theirchildrenaccordingtopartof ciety areassured.“Forbiddingpeopleto ments ofamulticulturalmigrationso- These wood. of pieces on written were that contracts family Moroccan things, other among examine, scholars Anthropology, and Law for Department Foblets’ InMarie-Claire brown: on Black MaxPlanckResearch MaxPlanckResearch Judges andlegalexpertsareonetar- With herdepartmentinHalle, the 4 _Personal Portrait | 12

vorce fromhisBelgianwife,aMuslimfa- Foblets.Followingadi- gium,” observes was asimilarcase25yearsagoinBel- drawn onrecordedexperience.“There Cologne circumcision casecouldhave tabase alreadyexisted,thejudgein Fob how peoplereactedtotheirrulings,” on howjudgesdealtwiththeissuesand “It’s amatterofprovidinginformation CONFLICT JUDGES AVOID CULTURAL of theconflict. cultural diversityistheobjectorapart ing andotherrelevantcasesinwhich gious norms,suchastheColognerul- between constitutionallawandreli- scholar. Therewas noscandal. the courtwasoffhook,” saysthe was postponeduntilhecame ofage,and the childshouldultimately belongto that thedecisionaboutwhich religion time ofhisparents’divorce. “Thismeant had aCatholicupbringinguntilthe child’s interest,andinthiscasetheboy that continuityofupbringingwasinthe sus religiousfreedom.Instead,theyruled raise theissueofphysicalintegrityver- tural conflictinthattheydidn’t even brought upasaCatholicuntilthattime. cised, althoughthechildhadbeen ther wantedtohavetheirsoncircum- In thiscase,thejudgesavoidedcul- lets saysoftheidea.Hadsuchada- (fiqh) on everyday life. alwah or of courseshewouldneversay so. fine Belgiancoffeewhilein Halle.But may wellbetruethatshe’ll missthe comfortable there.”It ster andfeltvery it alittleduringmysemester inMün- Germany, too,”shesays.“Igottoknow gian universitycity. happyin “I’mvery the cozyconvivialityofsmallBel- she says. edge centerthatisuniqueinEurope,” be hometoalegalanthropologyknowl- do itallaswe’veenvisaged,Hallewill ress hasbrought.“Ifwecanmanageto and enjoyingthecoffeethatwait- andisnowrelaxed out fortheinterview it’s surprisingthatshecouldtaketime on herplateinthecomingmonths,so spectives onlegalpluralism. gal practice;andanthropologicalper- thropological research andspecificle- of legalsystems;theintegrationan- pology tothecross-culturalcomparison main areas:thecontributionofanthro- partment willstartbyworkinginthree tional legalpractice,Foblets’newde- this informationavailabletointerna- come indispensable.Inordertomake about differentculturestrulyhasbe- networked world,reliableinformation makers. Inourcomplex,increasingly attention frominternationaldecision- and itsconceptshaveattractedgrowing In recentyears,socialanthropology That goalmakesitworthleaving Marie-Claire Fobletsclearlyhasalot

Photo: MPI for Social Anthropology – Bertram Turner