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

• Registering births: What’s care got to do with it? 2024 Journal of Social Welfare and Family Law 1 – 19
• ‘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
• Trans Identities and the Law 2023 21(1) International Journal of Constitutional Law, symposium edited with Daniela Alaattinoglu and Stefano Osella
• ‘When the Personal Becomes Political: Rethinking Legal Fatherhood’ 2022 20(3) International Journal of Constitutional Law
• ‘Re-reading Neulinger and Shuruk v Switzerland: Bringing the Religious Dimension into View2022 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 – among the 5 most read articles on IJLPF
• ‘Parenthood and Cross-Border Surrogacy: What’s ‘New’? The ECtHR’s First Advisory Opinion’ 2020 28(2) Medical Law Review 412 – 425

• ​​​​​​‘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), 278-290, with V. Barnes, E. Özlü, K. Sharma, J. Trinks, Z. Y. Çaglar, S. Fuchs
• ‘The future of egg donation in Switzerland’, 2024 BioNews 1245
• ​​​​​​‘Trans(forming) Fatherhood? European Legal Approaches to ‘Seahorse Fatherhood’, in K. Duden and D. Wiedemann (eds.), Changing Families, Changing Family Law in Europe (Intersentia) 177–194 
• ‘Who is Family Law for? Exploring Legal Approaches to Family Diversity’, 2024 Journal of Social Welfare and Family Law 1 – 3, with Dafni Lima

Book Chapters

• ‘Surrogacy before European Courts: The Gender of Legal Fictions’, in M.-L. Öberg and A. Tryfonidou (eds.), The Family in EU Law (Cambridge University Press)
• ‘Another Side of Gender Equality: Fathers before the European Court of Human Rights’ in E. Brodeală, I. Jelić and S. Suteu, Women’s Human Rights Under European and International Law (Springer, forthcoming)