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Käte Hamburger Kolleg "Recht als Kultur"
Käte Hamburger Center for Advanced Study "Law as Culture"
for the research period from April 1, 2020, to March 31, 2022.
The Käte Hamburger Center for Advanced Study "Law as Culture" (www.recht-als-kultur.de/en)
invites academics of excellent standing to apply for a fellowship or junior fellowship for a maximum of
12 months on the subject:
Law and Community
Subsequent to developing the "Law as Culture" paradigm in the first funding phase (2010-2016), the
Center will now direct its attention to the interaction between law and other cultural spheres in the
second funding phase (2016-2022). During the stated research period, the Center is dedicated to
examining the relationship between Law and Community. Within this research area, the diversity of cultures of family law and societal forms globally will be examined. Research projects shall also be
oriented towards one of the Center‘s three traversal dimensions, namely "Cultures of Differentiation and
Comparing Legal Cultures," "Human Rights and Autonomy," or "The Binding Force and the Emotive
Foundations of the Law."
The tensions described and analyzed as contradictions of normative orders in theories of legal pluralism
can only be understood with view to the social communities hiding behind these with their respective religious,
indigenous, local, and regional claims. In this context, the question of how these social communities
are held together requires closer examination, as does their relationship to secondary, superordinate,
and subordinate legal ties. Concretely speaking, ideas of superior or even universalist legal communities,
such as the European Legal Community or a Human Rights Community, should be explored while
bearing in mind the normative and emotionally affective boundaries of community building.
Shaped by social proximity and emotional entanglement, the family continues to be regarded as a central
place where societal values are reproduced, goods are distributed, and mutual responsibility is assumed.
The longstanding principle of family solidarity is reflected in numerous legal orders. At the same time,
however, family law also mirrors changing family forms and family ideals. A wide-ranging
transformation of society and its normative foundations manifests in the pluralization of family forms. It
is precisely on the basis of that which constitutes the normative character of the family that constructions
of "us" and "them" become clear. In cases involving foreign elements, for example, the law of the
"other" is applied using private international family law; exceptions based on public policy nevertheless
call for a "we."
In addition to the comparison of family law cultures, the research area Law and Community seeks the
comparison of (legal) cultures at the level of other forms of community and their connection to
applicable law: Which social norm systems form traditional local neighborhoods, modern clan structures,
or "post-traditional communities" in contemporary subcultures, and what is their relationship to state
law? How are these particular claims to universal validity conveyed? To what extent is valid law
accepted by them or pragmatically integrated, and do they attempt to enforce the ideas of norms beyond
their own group boundaries?
The Käte Hamburger Center for Advanced Study "Law as Culture" offers a creative research atmosphere
for various disciplines in the cultural and legal sciences. Academics of excellent standing are invited to
apply by July 15, 2019. Applications should include a résumé, project description (5-10 pages), and
selected publications, as well as list the applicant‘s availability during the research period. They should
be submitted preferably by email (firstname.lastname@example.org) or, alternatively, by mail:
Directorate of the Käte Hamburger Center for Advanced Study "Law as Culture"
c/o Dr. Katharina Kaesling