Doctoral Students

Job posting

Type of position Target group

scientific graduates

• administrative * post docs

• other

Title 4 Doctoral Students (m/f/d) for the Department
‚Law & Anthropology‘

Institution The Law & Anthropology Department is one of the three major
departments which, together with a number of independent research
groups, form the Max Planck Institute for Social Anthropology, one of
the leading centres for research in social anthropology. Common to
all research projects at the
institute is the comparative analysis of social change.

The Law & Anthropology Department offers a stimulating
interdisciplinary forum where both anthropologists and legal scholars
can engage with one another and conduct cutting-edge, policyrelevant
research linked to the intensification of exchanges and
encounters among and between legal systems, countries and
communities in today’s societies. With this comes a growing demand
for empirically grounded (ethnographic) knowledge and its
translation – to the extent possible – into normative thinking at various
levels of decision-making. The Department prioritizes research
proposals that address this demand for translation in the increasingly
plural European context.

Position The Law & Anthropology Department is offering positions for

4 Doctoral Students (m/f/d) interested in the following topics

Asylum law: Protection against persecution on the grounds of
religion under the 1951 Convention Relating to the Status of
Refugees and its application in UK case law. The definition of
religion as a grounds of persecution has not been a significantly
disputed in the UK asylum case law, probably because of a
traditional approach to the concept which tends to include only
familiar belief systems. More recently, the focus has been on the
following issues: expectations that asylum seekers will exercise selfrestraint;
the permissible level of government control; the content of
the freedom of religion; the requirement to prove the authenticity of
one’s belief, especially in cases of faith conversion; which religious

practices should be protected from state interference; and whether
individuals should practise their religion privately or should have the
right to practise openly or even proselytise (although not an absolute
right). Although these
questions remain subjects of ongoing debate, there is little literature
systematically analysing these claims and trying to understand
whether and how an anthropological perspective could
help reach better-informed decisions. The proposed project should
seek to fill this gap and conclude with some recommendations to
improve decision-making. To this end, the dataset on which the
analysis will be based will encompass judicial decisions and possibly
interviews with practitioners and judges. The research will focus on
the UK as a case study of these issues.
Private law: Cultural diversity in private law, with a special focus on
contracts and torts (the positions will be assigned to the Max Planck
Research Group "Transformations in Private Law: Culture, Climate
and Technology"; for more information, visit the group’s website).
The group "Transformations in Private Law: Culture, Climate, and
Technology" explores the role of cultural and religious diversity in
core fields of private law, with a special focus on general contract
law (excluding labour law) and torts. In particular, the group seeks to
understand the cultural embeddedness of legal processes in these
fields and how legal professionals deal with
their own and others‘ cultural conceptions of normality. Its ultimate
goal is to contribute to the improvement of legal doctrine and
practice regarding the inclusive application of private law in
culturally diverse societies. The purpose of the proposed projects is
to broaden the scope o f the group’s research beyond German
domestic law to include other European jurisdictions. Preference
will be given to countries where the official language(s) include
Dutch, English, French, German, or Spanish. The projects are meant
to empirically explore the relevance and handling of
cultural and religious diversity in core private law in the respective
jurisdictions ‚ court practice.
Law and Religion: Religious literacy in decision-making processes:
consultation of relevant (religious) stakeholders by rule-makers. This
project examines the implicit standards that become apparent
in the relevant case law and the advisory practice of
European countries. To respond to urgent needs, discussions with
relevant stakeholders about principles and/or legal norms are often
necessary. Consultations with religious stakeholders on Covidrelated
measures offer a striking example, but there are many other
issues that merit closer examination: public health care, respect for
faith- and non-faith-based beliefs in prisons, and the tax status of
faith- and non-faith based communities, to name but a few. Whereas
there is already research on whom to consult (e.g., which religious
stakeholders), it is less clear when and how this consultation
effectively occurs (or should occur). This doctoral project will study
concrete experiences with religious literacy and consultations with

religious stakeholders in real-life situations with a view to better
understand when and how consultations with religious stakeholders
(should) occur. More specifically, the successful applicant will
examine the standards for consultations with relevant (religious)
stakeholders that are generally used in the relevant case law and/or
are elaborated through advisory practice.
Procedural justice: Communication by the judiciary on individual
cases and on the legal system In recent times the judiciary, in
several EU Member States but also the two international courts
(ECtHR and CJEU), have started attaching increasing attention to
(the importance and impact of) communication, including information
for a broader audience. This project aims to examine
this communication in its multiple facets and from the perspective of
various actors, directly and indirectly involved. The research includes
the analysis of supranational and national legal principles
regarding communication as well as the study of policies and
practices in specific jurisdictions. Priority will be given to projects that
focus on the German context, which does not however,
exclude projects that focus on other EU Member States.

Responsibilities The successful applicants will work within the framework of the
project "Cultural and Religious Diversity under State Law across
Europe" (CUREDI). CUREDI is a digital repository of cases – with a
focus on case law analysis – that have to do with cultural and
religious diversity and that show if, how, and to what extent diversity
is granted legal recognition within the domestic legal systems of
Member States of the EU, UK, and Switzerland. For detailed
information please visit our project website.
Through their proposed dissertation projects, successful applicants
will also be offered the opportunity to contribute to the project by
commenting on case law that addresses the specific diversity
issue that is the topic of their research.

Requirements The candidate should have:

• an academic degree (master’s or equivalent) in law in hand at the
  time of taking up the position,
  with outstanding results;
• evidence of serious interest in law & diversity issues;
• willingness to conduct in-depth research;
• very good command of written and spoken English (level C1
  according to the Common European
  Framework of Reference for Languages);
• evidence of proficiency in the relevant languages,
• an intrinsic interest in team work.

Our Offer
Early career researchers benefit from close supervision and
mentoring by experts in their respective fields. Collaboration among
PhD students, postdocs and our international partners is a key
element of our research. The Department offers unrivalled conditions

for doctoral training, including access to specialist libraries and
databases, comfortable work spaces, and administrative and
academic support. Additionally, there are many opportunities for our
researchers to participate in conferences,
seminars, and workshops, as well as to instigate projects and
initiatives across the Max Planck Law Network.
Ideally, positions are to start on 1 November 2024. They are
awarded for three years, with the possibility of two six-month
extensions (pending a positive evaluation). Employment will be on a
full-time contractual basis. The workplace is Halle (Saale), a
dynamic, green, and historic city in central Germany that is home
to numerous renowned universities and scientific institutions. Our
modern campus is in a quiet neighbourhood near the centre of town.

The Max Planck Institute does not award doctoral degrees. Hence,
doctoral students must enroll at a university in or outside Germany.
The selection of the university will be made in close consultation
with the supervisor of the dissertation.
The Max Planck Society is committed to increasing the number of
individu als with disabilities in its workforce and therefore
encourages applications from such qualified individuals.
The Max Planck Society strives to ensure gender equality and
diversity. Furthermore, the Max Planck Society seeks to increase the
number of women in those areas where they are underrepresented
and therefore explicitly encourages women to apply.

Application Please submit your application electronically by 31 August 2024
procedure following the link for vacancies on
(deadline etc.) our homepage (under ‚Career‘), or by going directly to the online
application form using the link below.

Applicants should send the following materials:

• cover letter;
• curriculum vitae, including a formal record of university courses and
  list of publications (if any);
• copies of university degrees;
• a succinct description (3-5 pages) of the proposed doctoral project,
  the selection of the jurisdiction(s)
  to be covered, and a clear justification for this selection;
• two or three detailed letters of recommendation from professors,
  teachers, or professional
  supervisors who are well acquainted with the work of the applicant
  (letters to be sent directly
  to Ms. Katerina Marencakova, Secretary to Director, Email:
  marencakova@eth.mpg.de ).

We look forward to receiving your completed online application
under:
https://recruitingapp–
5034.de.umantis.com/Vacancies/497/Application/New/2

Contact If you have questions regarding the application
procedure, please contact:
Max Planck Institute for Social Anthropology
Personnel Administration
Carolin Klevenow (klevenow@eth.mpg.de)

We look forward to receiving your completed online
application under:
https://recruitingapp–
5034.de.umantis.com/Vacancies/497/Application/New/2

Further information on the research agenda of the Max
Planck Institute is available on our website:
https://www.eth.mpg.de