Research Mariano Croce

Abstract

This project aims to study the construction processes of terminology on new kinship formations, in the triangular interaction between social practice, public perception and the law, which affects the legal regulation of kinship. The project will focus on multi-parenthood, given its prominence on the policy agenda worldwide. Multi-parenthood is the condition where more than two parents are linked with a same child biologically, socially, intentionally and/or legally at the same time, e.g. joint parental projects of lesbians and gays or Three Person IVF. We do not have the words to address or refer to persons involved in multi-parenthood, which impedes it to develop in social practice, public perception and law. The project sets out to explore the gaps that now exist in the above-mentioned triangular interaction, in order to tackle the issue of what strategies the legislature could/should adopt to develop a truly accommodating legal framework. Overcoming the current dyadic and sexualised approach to parenthood in that context, will also enable developing new kinship studies in general. Through a law-in-context approach ('civilology'), this project will draw on an interdisciplinary methodological framework. Legal research methods will be combined with regulatory theory and different social science methods for secondary and primary data collection and analysis. The project will be the first to systematically and interdisciplinary address kinship terminology from a perspective of new kinship studies and to propose a legislative strategy towards the recognition of multi-parenthood. The project is divided into six Work Packages, which feasibility is guaranteed because they are embedded in current projects of the promoters' research group. WP1 encompasses a descriptive analysis of theories on kinship vocabulary and/in legal language and on new kinship formations, particularly multi-parenthood. WP2 will be spent on secondary data analysis and on the study of kinship vocabulary in social practices and public perception. WP3 aims at primary data collection and mining. WP4 will encompass a literature review on regulatory theory, particularly the performative effects of legal labelling. WP5 will provide a comparative law analysis of the possible strategies for the legal recognition of multi-parenthood. WP6 will allow integrating the results of WP1-5 and to critically analyse the triangular interplay between social practices, public perception, and legal recognition.

Researcher(s)

• Promoter: Swennen Frederik
• Co-promoter: Croce Mariano
• Fellow: Cammu Nola

Research team(s)

• Personal Rights and Property Rights

Project website

Project type(s)

• Research Project

Abstract

This project addresses the question of how the state should deal with family formations that do not conform to the dominant matrix of the loving couple, and in particular how it should take up the challenges and difficulties these formations raise for law and public policy. It will focus on singleness, polyamory and non-sexual households in Belgium, Italy and the UK. The project will draw on diverse research sources: normative and regulatory theory, social science data, doctrinal analysis and focus groups. In correlation with the findings of my first three years as a FWO Pegasus MC Fellow, this study will provide a lens and case-study through which a core question for contemporary public policy is addressed: what legal and public policy instruments could and should the state adopt to deal with sexual and socio-cultural difference? The research will be conducted in four Work Packages. WP1 will offer a robust literature review to provide the appropriate foundation for the other WPs. WP2 will draw on a good wealth of ethnographic findings to provide a portrayal of the everyday experience of singles and individuals involved in polyamourous and non-sexual households. WP3 will engage in close textual analysis of a range of media representations published in the last 5 years. WP4 will delve into the question of the regulatory role of the state vis-à-vis citizens' autonomy in the construction and governance of their relationships.

Researcher(s)

• Promoter: Swennen Frederik
• Co-promoter: Pavlakos Georgios
• Fellow: Croce Mariano

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project

Abstract

In my research I will focus on a topical and debated issue: same-sex marriage. Differently from most of the literature on this topic, I will partray it as a case that is able to prove a more general hypothesis on the role that law plays in society. Indeed, I will defend the claim that this issue should be seen as an instance of legal pluralism. Same-sex marriage illustrates the negotiated and contested natur of law in contemporary societies: the rules comprising modern legal orders are nothing but the upshot of ongoing negotiations among the different normative orderings of substate and sometimes supra-state entities, which compete in order to affect official law.

Researcher(s)

• Promoter: Pavlakos Georgios
• Co-promoter: Swennen Frederik
• Fellow: Croce Mariano

Research team(s)

• Government and Law

Project type(s)

• Research Project