Between the credo and the law. «Interlegality» proceedings in religion-based legal pluralism

Authors

  • Francisco Colom González

Keywords:

Legal pluralism, interlegality, faith-based arbitration

Abstract

The growing tendency to the privatization of state functions has opened a new chapter in the management of intercultural relations: the experiences with identitybased legal pluralism. This article focuses on several cases of interaction between state law and religious contractual practices in order to evaluate the normative problems of interlegality. It concludes that the effects of legal pluralism are neither emancipating nor alienating by themselves, but depend on their insertion in a wider context of legal and political practice. The recognition of multicultural jurisdictions can only be granted as a well justified exception under the control of an open, deliberative public sphere; on the other hand, the reasonability of cultural immunities, i.e. their rational legitimation in an open space of political discussion, largely depends on the possibility of interpreting social goods and principles of justice beyond their original cultural frame.

Issue

Section

ARTICLES