Enemies, strangers, and legal pluralism in a multicultural society
Journal title SOCIOLOGIA DEL DIRITTO
Author/s Francesco Belvisi
Publishing Year 2017 Issue 2016/3
Language Italian Pages 25 P. 75-99 File size 363 KB
DOI 10.3280/SD2016-003005
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Our multicultural society is concerned with both massive migrations and the fact that migrants live in ethno-cultural minorities, which are organized according to their norms and values that can be very different from those of the society at large. Thus, in the multicultural society a practiced legal pluralism is at work. In that form of legal pluralism different normative sets claim to be valid and properly applied, to the effect that deep conflicts may arise. In order to face and, possibly, solve them it is suitable to resort to mediation procedures, through which the parties at stake co-operate producing ad hoc rules. In order to not only adequately protect minority people within both the society at large and the migrant communities but also treat them with equal concern and respect, judges have to decide cases with a culture-sensitive attitude. In doing so, they can recognize the normative value of foreign institutions and apply their constitutive rules by accommodating them according to the fundamental principles of our constitution.
Keywords: Enemy - Stranger - Legal pluralism - Multicultural society - Culture-sensitive jurisdiction
Francesco Belvisi, Nemici, stranieri e pluralismo giuridico nella società multiculturale in "SOCIOLOGIA DEL DIRITTO " 3/2016, pp 75-99, DOI: 10.3280/SD2016-003005