C.V. | Current Project | Publications
Research Interests
Legal anthropology, law and society, EU law, human rights law, public law, constitutional law, legal tech, freedom of information, freedom of the press, right to know
Research Area(s)
Germany, Europe
Profile
Lukas Bornschein is a Ph.D candidate in the Department ‘Law & Anthropology’ at the Max Planck Institute for Social Anthropology in Halle (Saale). He holds a First State Examination in Law from Martin Luther University Halle-Wittenberg, where he specialized in EU and migration law. He is a part of the Cultural and Religious Diversity under State Law across Europe (CUREDI) research group.
Before commencing his doctoral studies, Bornschein acquired diverse professional experience in the field of law. He served as a student assistant to Prof. Dirk Hanschel, Chair of German, European, and International Public Law at Martin Luther University; worked as a research assistant at Luther Rechtsanwaltsgesellschaft mbH in Leipzig; and held various internships, including roles at Equal Rights Beyond Borders in Athens and the Gesellschaft für Freiheitsrecht e.V. in Berlin.
Bornschein's academic interests lie at the intersection of law, anthropology, human rights, and social sciences.
His current research examines the role of courts in democratic societies, focusing on the conditions and mechanisms through which they communicate with the public. He integrates insights from legal studies, political theory, and anthropology to attain a comprehensive understanding of this dynamic relationship.
Why Law & Anthropology?
The goal of legal science is to regulate complex matters through abstract norms and laws. By applying legal tenets and corresponding consequences, it aims to ensure that similar cases are treated alike and different cases are treated differently. In a constitutional state, it is ultimately the responsibility of judges to determine which legal elements are satisfied and what legal consequences will follow.
But what fundamental assumptions, cultural influences, socialization processes, or personal motivations affect a judge's decisions? These questions are often overlooked in legal science because they may challenge the core belief that judges approach cases impartially and without bias. However, judges are human and can never be entirely free from personal or cultural influences.
By integrating anthropology into the study of law, we can examine the cultural, social, and psychological factors that shape decision-making processes within legal institutions. Anthropology offers tools to explore how personal biases, cultural values, and social norms influence the interpretation and application of laws. This understanding helps identify blind spots and systemic issues within the legal system.
Such insights are crucial not only for promoting greater transparency, but also for developing more inclusive and fair judicial processes. In this way, anthropology complements legal science by providing a deeper, more comprehensive perspective on how justice is practised, ultimately paving the way for a stronger and more resilient rule of law.