Publications

Leading Works in Law and Anthropology (Routledge, 2024)

Edited with Larissa Vetters

Part of the book series Analysing Leading Works in Law Series

The academic disciplines of law and sociocultural anthropology have a long but at times contentious history of drawing on each other in order to study and understand law and human experience in its diverse manifestations. This volume provides an innovative and engaging format by giving established and emerging scholars from diverse jurisdictions the opportunity to discuss and reflect upon what they consider to be a ‘leading work’. The collection offers a unique, multi-perspectival reconsideration of the intellectual history of the field whilst also addressing issues that are at the core of interdisciplinary legal research. Contributions shed light on the changing nature of cross-disciplinary research and collaboration, trace how disciplinary understandings of normativity have cross-fertilised each other, and reflect on choices taken within research on law and anthropology along a continuum of theoretical reflection, critique, engagement, and practical application. The book elaborates on the nature and the boundaries of law and anthropology research, as well as on its likely future development in light of the insights shared by contributors on their chosen leading works. The book will make fascinating reading for researchers and academics in both law and anthropology.

(Selected) Reviews

• "Exceptionally curated and framed, Leading Works in Law and Anthropology re-charts in an incredibly productive way the rich and globalised terrain where law and anthropology meet today. An unmissable contribution for legal scholars, legal practitioners, and anthropologists who understand each other as, always situated, intellectual peers." (Luis Eslava, La Trobe University and University of Kent)
• "Leading Works in Law and Anthropology simultaneously introduces the anthropology of law through a selection of key works and imagines how the field might be reconceptualized to better reflect its breathtaking range. Its novel approach –a collection of perspectives on perspectives –will be equally invaluable for the expert and the novice." (Deepa Das Acevedo, Emory Law)
• "Leading Works in Law and Anthropology is a remarkably innovative and yet immensely practical guide to some of the more important works in the field, introduced and contextualized by a diverse group of scholars. Alice Margaria and Larissa Vetters have done a tremendous service in assembling such a useful volume, which should become essential reading for researchers, students, and others interested in the dynamic relationship between law and anthropology." (Mark Goodale, University of Oxford and University of Lausanne)

The Construction of Fatherhood: The Jurisprudence of the European Court of Human Rights (Cambridge University Press, 2019)

The book critically investigates how the European Court of Human Rights deals with and makes sense of shifting practices and ideas of fatherhood. By tracing values and assumptions underpinning the Court’s caselaw, it engages in timely conversations about the role of men as fathers, and explores the importance attached to care when attributing legal status and parental rights to fathers. The book also delves into the Court’s use of its doctrines of interpretation, revealing the intricate interplay between doctrinal and moral forces in shaping the emerging (re)conceptualisation of fatherhood.

(Selected) Reviews

• “This book is an exemplary piece of scholarship. It provides a nuanced critical analysis of case law of the European Court of Human Rights, focused on its construction of fatherhood. In doing so, the book simultaneously offers theoretical depth and the solid grounding in realities that is characteristic of excellent socio-legal scholarship. A valuable addition to human rights law, family law, and law and gender studies.” (Eva Brems, University of Ghent)
• “Margaria sets a standard for further interdisciplinary research and delivers an outstanding example of socio-legal research that meets the demands of our time.” (Petra Sußner, ECHR Law Review)
• “Striking in its methodological and theoretical ambition, Margaria’s The Construction of Fatherhood will advance reflection and debate on critical questions in family law and judicial methodology.” (Robert Leckey, Social & Legal Studies)

Nuove Forme di Filiazione e Genitorialità: Leggi e Giudici di fronte alle Nuove Realtà (Il Mulino, 2018) – translated into English by Katherine Clifton, Laws and Judges vis-à-vis New Realities in Filiation and Parenthood

Special Issues

‘Who is Family Law for? Exploring Legal Approaches to Family Diversity’, (2024) 46 (2) Journal of Social Welfare and Family Law 147 – 149, with Dafni Lima

‘Trans Identities and the Law’ (2023) 21 (1) International Journal of Constitutional Law 569 – 573, with Daniela Alaattinoglu and Stefano Osella

Journal Articles 

‘Registering Births: What´s Care got to do with it?’ (2024) 46 (2) Journal of Social Welfare and Family Law 226 – 244

‘Trans Parents and the Gendered Law: Critical Reflections on the Swedish Regulation’ (2023) 21 (1) International Journal of Constitutional Law 603 – 624, with Daniela Alaattinoglu

‘When the Personal Becomes Political: Rethinking Legal Fatherhood’ (2022) 20 (3) International Journal of Constitutional Law 1386 – 1396

‘Re-reading Neulinger and Shuruk v Switzerland: Bringing the Religious Dimension into View’ (2022) 23 (7) German Law Journal 1029 – 1050

‘Fathers, Childcare and COVID-19’ (2021) 29 (1) Feminist Legal Studies 133 – 144

‘Trans Men Giving Birth and Reflections on Fatherhood: What to Expect?’ (2020) 34 (3) International Journal of Law, Policy and the Family 225 – 246

‘Parenthood and Cross-Border Surrogacy: What’s ‘New’? The ECtHR’s First Advisory Opinion’ (2020) 28 (2) Medical Law Review 412 – 425

Book Chapters

‘"Law and Anthropology" as an Interdisciplinary Encounter: Towards Multi-sited, Situated Knowledge Production’ in A Margaria and L Vetters (eds), Leading Works in Law and Anthropology (Routledge 2024), with Larissa Vetters

​​​​​​‘Trans(forming) Fatherhood? European Legal Approaches to ‘Seahorse Fatherhood’ in K Duden and D Wiedemann (eds), Changing Families, Changing Family Law in Europe (Intersentia 2024) 177 – 194

​​​​​​‘Career Building for Women Postgraduate and Early Career Researchers in Law Schools in Germany’ in A Millmore (ed) How to Include Employability in the Law School (Edward Elgar Publishing 2024), 278 – 290, with V Barnes, E Özlü, K Sharma, J Trinks, ZY Çaglar, S Fuchs

‘Going Beyond Judgments: Exploring the Jurisprudence of the European Court of Human Rights’ in R Deplano (ed), Pluralising International Legal Scholarship (Edward Elgar Publishing 2019)

Blog Posts

‘The Visible and The Invisible of Justice in Strasbourg’ Verfassungsblog, 19 November 2024

‘Trans Family Law in Strasbourg: The Bittersweet Flavour of Savinovskikh and Others v Russia’ Strasbourg Observers, 19 November 2024

‘The Future of Egg Donation in Switzerland’ BioNews 1245, 1 July 2024

‘Freeing Fatherhood from Breadwinning - Are We Ready for (formal) Equality? Beeler v. Switzerland’ Strasbourg Observers, 24 January 2023

‘Guest Post on Trans Parenthood in A.M. and Others v. Russia: Breaking new Grounds?’ ECHR Blog, 23 August 2021

‘Conversations on Transnational Surrogacy and the ECtHR Case Valdís Fjölnisdóttir and Others vs. Iceland (2021)’ Conflict of Laws.net (with Ivana Isailovic), 27 June 2021

‘Honner v. France: Damage Prevention and/or Damage Control?’ Strasbourg Observers, 12 January 2021

‘(One More) Engaged Father(s) before the ECtHR: Uzbyakov v. Russia’ Strasbourg Observers, 11 June 2020

Book Chapters

‘Surrogacy before European Courts: The Gender of Legal Fictions’, in ML Öberg and A Tryfonidou (eds), The Family in EU Law (Cambridge University Press forthcoming)

‘Another Side of Gender Equality: Fathers before the European Court of Human Rights’ in E Brodeală, I Jelić and S Suteu (eds), Women’s Human Rights Under European and International Law (Springer forthcoming)