Rechtskulturen Colloquium
Mon 11 Feb 2013 | 17:00–19:00

Following a Rule: A Case-Study from Tunisia

Marta Arena; Comment: Irene Schneider (Göttingen)

Humboldt-Universität zu Berlin, Juristische Fakultät, Room E25, Unter den Linden 9, 10099 Berlin

Tunisian law 75/98 awards children born out of wedlock the right to be called by their natural father’s family name (laqab). In particular, the law entitles the child’s mother to bring action against the man to get a judgment ordering the completion of the child’s birth certificate with the natural father’s elements of identity. From the attribution of the laqab the man and the woman share liability for the child (protection, responsibility maintenance).

Given the research is in progress, the paper introduces the topic by dealing with some methodological issues. Indeed, it sets itself the questions: What’s following a rule? Why are Tunisian women following this (State written) rule? Why is this law centered on the (father’s) name? Raising these questions leads to the attempt at sketching the background practices that make the use of this law and the reference to the (father’s) name possible. The proposition holds it that these are practices of negotiation, covenant or contract making and of proximity creation.

ICS Export

All events