Afrooz Maghzi Najafabadi

Justice at the crossroads of plural normativity:
Religious and customary-based non-state justice in light of the European Convention on Human Rights

Justice at the Crossroads of Plural Normativity: Religious and Customary-Based Non-State Justice in Light of the European Convention on Human Rights explores the intersection of legal pluralism, minority rights, and state obligations under international human rights law. Drawing on interdisciplinary methods, the book offers a rare socio-legal analysis of non-state justice (NSJ) mechanisms – such as religious and customary forums – within immigrant and minority communities in Europe, particularly in Germany and the UK.

Combining doctrinal legal analysis with empirical research, Afrooz Maghzi examines how these community-based forums operate in practice, their normative foundations, and the lived experiences of those who use them. The book investigates how NSJ mechanisms address family, criminal, and civil disputes while mediating between cultural values and state legal standards. It critically assesses their human rights implications, highlighting both the potential for empowering marginalized communities and the risks posed to procedural fairness, gender equality, and access to justice.

Through a typology of NSJ mechanisms and a mapping of their legal, social, and structural dimensions, this study provides a comprehensive framework for evaluating state responses to legal pluralism. It argues for a nuanced, context-sensitive approach that recognizes cultural diversity while upholding fundamental rights. Grounded in socio-legal scholarship and international human rights law, this work is a timely and important contribution to current debates on multiculturalism, legal pluralism, and justice reform in contemporary Europe.

Miscellany | Single title
1. Auflage 20x26
broschiert, 171 Seiten
ISBN 978-3-86977-295-0

39,80 €