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Law and Anthropology | Maxplanckresearch 4/2012: Society 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. TEXT BIRGIT FENZEL 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 T district 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 78 MaxPlanckResearch 4 | 12 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 It’s quite remarkable that those people her work – the political interaction be- In doing so, she frequently observed who really have something worth shar- tween different legal systems, for exam- that people aren’t interested in using ing are very hesitant to reveal things ple, and under what circumstances this the courts to set precedents. “Some of from their own lives – not because they suddenly becomes relevant. Or how them just wanted to know they were in have something to hide, but out of people in a multicultural society navi- the right; they never actually imple- modesty. Marie-Claire Foblets is no ex- gate the different legal spheres. mented the ruling.” From this, Foblets ception to the rule. The 52-year-old, drew the conclusion that people use now relaxed and sipping her wine un- CIRCUITOUS ROUTE TO LEGAL the law for their own power games. “I pretentiously, is one of Belgium’s most ANTHROPOLOGY always found that fascinating, and in important scientists. There is even a fact that’s what brought me to legal an- stamp bearing her portrait, and in 2004, She studied this issue for ten years in le- thropology,” she says. her work in the field of legal anthropol- gal practice, when she was admitted to In fact, when she started out, it ogy was honored with Belgium’s most the French-speaking section of the bar wasn’t at all clear where her career prestigious science award, the Francqui association in Brussels upon comple- would lead her. “It’s only in hindsight Prize; conferred in a three-year cycle, it tion of her studies in law and philoso- that everything seems so obvious,” she is worth 150,000 euros. Two years lat- phy. The law firm she worked in spe- observes. When she registered to study er, King Albert II made her a baroness cialized in migration and asylum law. law at Antwerp University at the age of in recognition of her work. “I gave my clients legal advice and then, 17, she wasn’t necessarily intending to “What pleased me most was the rec- when the conflict or issue was resolved pursue a career in law. “I was in the for- ognition of my research findings,” she by a court decision, I frequently re- tunate position that my parents didn’t recalls. But she waves all personal ques- mained in contact to see how they lived expect me to immediately select a path tions aside: “That’s really not impor- with the solution,” recounts Marie- that would guarantee secure access to Photo: Sven Döring tant.” She would much rather talk about Claire Foblets. employment,” she recalls of her deci- 4 | 12 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.
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