How is it possible to acknowledge and confront patriarchal violence within Muslim migrant communities without descending into cultural deficit explanations (they are overly patriarchal and inherently uncivilised) and without inviting extraordinary measures of stigmatisation, surveillance and control so increased after the events of September 11, 2001? In this paper, I explore this question by examining Norway's responses to the issue of forced marriages. I argue that social and political responses to violence against women in Muslim communities have been primarily culturalist. (...) That is, the violence is understood as originating entirely in culture, an approach that obscures the multiple factors that give rise to and sustain the violence. The culturalist approach enables the stigmatising and surveillance of Muslim communities. I approach this argument in two parts. In part one I discuss two important and influential books written by women who identify their concerns as feminist and who lay out the case for considering the problem of forced marriage as a problem of controlling fundamentally unassimilable and culturally inferior Muslims. I explore these works as paradigmatic of the culturalising or culturalist move. In part two, I review a variety of legal initiatives in Norway, first contextualising them as part of a larger European venture to control Muslim populations and then examining what they share conceptually with the approaches in part one. I end with how we might begin to develop an anti-racist response to the problem of violence against women. (shrink)

The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and the superiority of (...) civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)

Abstract The concept of culture was originally an expression of German nationalism, which reacted to the French Enlightenment by asserting the uniqueness and incomparability of all cultures as historical creations. This understanding of cultural diversity, which prevailed in American anthropology, is widely understood to imply the moral equality of all cultures. Yet its relativism originally applied to different individuals socialized in the values of their culture, rather than to different cultures. The debate over multiculturalism, which presupposes cultural relativism, ignores this (...) distinction. The vogue of multiculturalism reflects the decline of the Left, quests for community and identity, and an actual reduction in diversity more than a genuine appreciation of different cultures. (shrink)

Right-wing parties and governments in Europe have recently expressed greater hostility towards cultural pluralism, at times officially denunciating multiculturalism, and calling for the closure of borders and denial of rights to non-European nationals. Within this context, this article argues for rethinking Europe through radically transgressive and transnational understandings of cosmopolitanism as articulated by growing transnational populations within Europe such as immigrants, refugees, and irregular migrants. Transgressive forms of cosmopolitanism disrupt European notions of borders and identities in ways that challenge both (...) liberal multiculturalism and assimilationist positions. This article explores the limits of traditional cosmopolitan thinking while offering a vision of cosmopolitanism based on everyday negotiations with cultural differences, explained using two illustrative examples or snapshots. (shrink)