Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism.
Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism.
Ilenia Ruggiu is Professor of Constitutional Law at the University of Cagliari. She holds a PhD in European and Public Law from the University of Palermo. She is the author of Interpreting Culture in Italian Courts: A Proposal of a Cultural Test (LEHR 2016).
Inhaltsangabe
Introduction Part I: Descriptive analysis: the use of culture by judges 1: In medias res: the cases 2: The resolution of multicultural conflicts in Western comparative jurisprudence: in search of a common tradition and reliable legal techniques Part II: Deconstructive analysis: a critical reading of culture 3: Concepts of culture in anthropology and judicial reasoning Part III: Prescriptive analysis: a proposal of a cultural test 4: A test as contribution to the resolution of multicultural conflicts Conclusions Appendices References
Introduction Part I: Descriptive analysis: the use of culture by judges 1: In medias res: the cases 2: The resolution of multicultural conflicts in Western comparative jurisprudence: in search of a common tradition and reliable legal techniques Part II: Deconstructive analysis: a critical reading of culture 3: Concepts of culture in anthropology and judicial reasoning Part III: Prescriptive analysis: a proposal of a cultural test 4: A test as contribution to the resolution of multicultural conflicts Conclusions Appendices References
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