Intercultural Spaces of Law: Translating Invisibilities

Description

This book proposes an interdisciplinary methodology for developing an intercultural use of law so as to include cultural differences and their protection within legal discourse; this is based on an analysis of the sensory grammar tacitly included in categorizations. This is achieved by combining the theoretical insights provided by legal theory, anthropology and semiotics with a reading of human rights as translational interfaces among the different cultural spaces in which people live. To support this use of human rights’ semantic and normative potential, a specific cultural-geographic view dubbed ‘legal chorology’ is employed. Its primary purpose is to show the extant continuity between categories and spaces of experience, and more specifically between legal meanings and the spatial dimensions of people’s lives. Through the lens of legal chorology and the intercultural, translational use of human rights, the book provides a methodology that shows how to make space and law reciprocally transformative so as to create an inclusive legal grammar that is equidistant from social cultural differences. The analysis includes: a critical view on opportunities for intercultural secularization; the possibility of construing a legal grammar of quotidian life that leads to an inclusive equidistance from differences rather than an unachievable neutrality or an all-encompassing universal legal ontology; an interdisciplinary methodology for legal intercultural translation; a chorological reading of the relationships between human rights protection and lived spaces; and an intercultural and geo-semiotic examination of a series of legal cases and current issues such as indigenous peoples’ rights and the international protection of sacred places. Contents Chapter 1: Introduction 1.1 Underneath the Positive Layers of Law: `One Difference, Manifold Invisibilities´ 1.2 Intercultural Interdisciplinary Approach: Presuppositions and Implications 1.3 A List of Reasons to Reject as Not Viable the Inter-legal Solutions Proposed by the (Legal) Pluralist-Multicultural Approa... 1.4 The Structure of the Book References Chapter 2: Impossible Neutrality: Cultural Differences and the Anthropological Incompleteness of Western Secularization 2.1 Impossible Neutrality: How Religious Anthropologies Invisibly Make the World Visible 2.2 Secularization with `Self-reflexive´ Modesty and Cultural Equidistance 2.3 Rules vs. Recognition 2.4 Diversity, Democracy and Intercultural Sovereignty 2.5 Traditions, Religions and Everyday Life: The `Immodesty´ of Western Secularization 2.6 Institutional Lexicon and Cultural History 2.7 Invisible Inequalities and Asymmetrical Secularization 2.8 Cultural Orthopraxis and the Grammar of Rights 2.9 Multiculturality, Universalism and Identity Excesses 2.10 Routes and (Potential) Outcomes of Intercultural Secularization 2.11 Intercultural Legal Lexicon, Equi-coexistence and Modernity 2.12 Secularization and the Senses: The Invisibility of Otherness as a Consequence of Modern Law´s `Exteriority´ References Chapter 3: Translating Cultural Invisibilities and Legal Experience: A Timely Intercultural Law 3.1 Introduction 3.2 Subjects and Norms Bereft of Context 3.3 The Interplay Between Multiculturality and Differences as a Legal Inter-systemic Process 3.4 A Step Forward in the Mirror of the Past: The Possibility of a Creative Intercultural Use of Law 3.5 Time and the Invisible/Mute Parts of Intercultural Legal Experience 3.6 Intercultural Processes and Legal Translation 3.7 Three Methodological Steps Towards the Intercultural Use of Law 3.7.1 Crossed Narratives and Semiotic Dis-compositions 3.7.2 Crossed Contextualizations 3.7.3 Intercultural Translations/Transactions 3.8 A Timely Intercultural (Use of) Law and Its Places: Two Open Case Studies 3.8.1 Case#1: The Question of Inheritance Rights After Intestate Succession, Astride Ghana and Italy 3.8.2 Case #2: Residence Permits and `Legitimate´ Income for Islamic Religious Leaders Residing in Italy 3.9 Interlocutory Conclusions References Chapter 4: Rights, Space and Categories: An Introduction to Legal Chorology 4.1 Rights, Space and the Horizontal Relation Between Legal Meanings and People´s Spaces of Action 4.2 Spaces and Categories 4.3 Human Rights Protection, `Logics´ of Otherness and Legal Chorology References Chapter 5: Human Rights, Legal Chorology and Modern Art: The Dis-Compositional Approach to the `Visual´ and the Worldwide Dyna... 5.1 Human Rights and the Protopypical Assumption of Their Local/Ethnocentric Implementations 5.2 Intercultural Uses of Human Rights and the Metaphorical Translation of Differences 5.3 The Experiential Space We Live in: Rights and Intercultural Legal Chorology 5.4 Modern Visual Art and Its Figurative/Categorical Dis-Compositions 5.5 Paul Klee´s Cognitive Approach to Painting: His Artistic Workshop Paraphrased from a Legal Point of View 5.5.1 Paul Klee, Creative Confession (1920) 5.5.2 Paul Klee in Ways of Nature Study (1923) 5.5.3 Paul Klee in On Modern Art (1924 [1945]) 5.6 Practical Implications of the Intercultural Transposition of Human Rights: Coexistence, Legal Chorology, and Nuisance Law References Chapter 6: Errant Law 6.1 Inter-Subjectivity and Inter-Constitutionality: Transnational Mobility and Inclusive Citizenship 6.2 Cultural Differences and Legal Claims: What Do People `on the move´ Ask for from the Law? 6.3 Beyond Inter-Legality: Towards a Space of Pre-Litigation Intercultural Law 6.4 Legal Chorology and Intercultural Translation 6.4.1 How the Re-Interpretation of Spaces Transforms Linguistic-Normative Categories 6.4.2 How Semantic and Normative Re-Categorization Can Re-Mold Spaces of Experience 6.5 Errant Law: Cartographic Metamorphoses and Cognitive Deficit in Legal Qualifications 6.5.1 Value-Based Pluralism vs. Rules-Based Pluralism 6.5.2 Polycentric Plots of Intercultural Inter-Constitutionality and the Quest for a Bottom-Up Universality of Human Rights References Chapter 7: The Indigeneization of the World: Translating Spaces, Indigenizing Human Rights 7.1 Who Is Not Indigenous? 7.2 Indigeneity Is More Than `Indigenous Rights´: De-legalizing the Concept of Indigeneity, de-De-colonizing the Legal Approac... 7.3 Indigenization and the Semiotic Spatialization of Culture 7.4 Indigeneities as Cognitive Universes: A Path to the Dynamic Harmonization of Indigeneity´s Protection and the Intercultura... 7.5 Some Concluding Remarks References Chapter 8: The Invisible Ubiquity of Sacred Places 8.1 Prologue 8.2 Words Making Spaces 8.3 The Semiotic Ubiquity of Sacred Places 8.4 The Planetary Projections of Liturgical Spaces 8.5 The Legal Consequences of the Secular Reification of Sacred 8.6 The Intercultural Translation of Sacred Spaces Through Human Rights 8.7 Sacred Places vs. the Space of Atheism: Ciclopean Issue 8.8 Epilogue References Chapter 9: Conclusion References