Pariah Peoples: Roma and the Multiple Failures of Law in Central and Eastern Europe

Weber described Roma and Jews as 'pariah peoples', that is, as communities characterized by 'political and social disprivilege', 'far-reaching distinctiveness in economic functioning', and ritual separation from mainstream society. Weber's concept remains surprisingly relevant today as a tool for understanding the problems experienced by Roma in the CEE area, particularly since the end of communist rule. As at the turn of the 20th century, Roma in the region form a marginalized and acutely disadvantaged minority. In economic terms, the Roma exhibit a high degree of distinctiveness, while the minority remains in a state of de facto as well as ritual separation from mainstream society. Weber's concept can also help us to make sense of the multiple failures of law to redress the problems experienced by Roma in the transition from communism. In fact, as Weber would have immediately recognized, many post-communist constitutions have substituted legal for ritual forms of separation between Roma and non-Roma.