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Title Male and Female Judges in Morocco Dealing with Minor Marriages: Towards a Relational Understanding of Family Law
Full text https://hdl.handle.net/1887/3201364
Date 2020
Author(s) Sonneveld, N.
Abstract Rather than being an exception, judicial permission for minor marriage has become a rule in Morocco. Based on legal analysis and anthropological fieldwork in 2015, I show that the gender of the judge does not significantly contribute to the way the provision on minor marriage is implemented in Moroccan courthouses. Instead, I argue in favour of an approach that is grounded in a relational understanding of law. Both male and female judges were manoeuvring the<em>internal incompatibilities</em>contained within and between state laws, which are the result of<em>external recognition</em>'in other words, the recognition of other normative orders, notably customary law practices. This relational understanding of law, and the ambiguities it naturally results in, amounts to a better understanding of law in action than the distinction between an 'ethic of justice' and an 'ethic of care,' which highlights gender-specific ways of legal decision-making, which are not supported by the Moroccan case. - NWO - Effective Protection of Fundamental Rights in a pluralist world
Language en
Type of publication Article / Letter to editor; info:eu-repo/semantics/article; Text
Identifier doi:10.1163/15692086-12341376; lucris-id:364301409
Repository Leiden - University of Leiden
Added to C-A: 2023-02-08;10:49:47