Il Giudice Antropologo Costituzione E Tecniche Di Composizione Dei Conflitti Multiculturali
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Il Giudice Antropologo Costituzione E Tecniche Di Composizione Dei Conflitti Multiculturali
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Author : Ilenia Ruggiu
language : it
Publisher: FrancoAngeli
Release Date : 2013-01-09T00:00:00+01:00
Il Giudice Antropologo Costituzione E Tecniche Di Composizione Dei Conflitti Multiculturali written by Ilenia Ruggiu and has been published by FrancoAngeli this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-09T00:00:00+01:00 with Law categories.
1590.2
Il Guidice Antropologo
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Author : Ilenia [VNV] Ruggiu
language : it
Publisher:
Release Date : 2012
Il Guidice Antropologo written by Ilenia [VNV] Ruggiu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Cultural Expertise And Socio Legal Studies
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Author : Austin Sarat
language : en
Publisher: Emerald Group Publishing
Release Date : 2019-02-28
Cultural Expertise And Socio Legal Studies written by Austin Sarat and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-28 with Law categories.
In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody, adoption, land rights, and asylum.
Cultural Expertise
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Author : Livia Holden
language : en
Publisher: MDPI
Release Date : 2020
Cultural Expertise written by Livia Holden and has been published by MDPI this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Social Science categories.
Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.
Intercultural Constitutionalism
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Author : Salvatore Bonfiglio
language : en
Publisher: Routledge
Release Date : 2018-10-03
Intercultural Constitutionalism written by Salvatore Bonfiglio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-03 with Law categories.
This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.
Anxieties Of Migration And Integration In Turbulent Times
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Author : Mari-Liis Jakobson
language : en
Publisher: Springer Nature
Release Date : 2023-02-13
Anxieties Of Migration And Integration In Turbulent Times written by Mari-Liis Jakobson and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-13 with Social Science categories.
How do migration and integration change when ‘crisis becomes normalcy’? This open access book investigates this question in the present context of turbulent times when, instead of dealing with one crisis, migrants, governments and whole societies have to cope within a complex web of multiple unsettling events that create anxieties about migration. Emphasising a plurality of theoretical perspectives and methodological approaches, as well as a variety of geographical settings in Europe and beyond, the chapters bring new insights into migrations produced by global political events, national political shifts, economic downturns and the Covid-19 pandemic. Special attention is given to both migrants’ experiences and policy outcomes. The result is an impressive rethinking of the concepts and terminology applied to migration and integration, of interest to students, social scientists, and policy-makers.
Normative Pluralism And Human Rights
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Author : Kyriaki Topidi
language : en
Publisher: Routledge
Release Date : 2018-06-13
Normative Pluralism And Human Rights written by Kyriaki Topidi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-13 with Law categories.
The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.
Culture And The Judiciary
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Author : Ilenia Ruggiu
language : en
Publisher: Routledge
Release Date : 2018-12-07
Culture And The Judiciary written by Ilenia Ruggiu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Law categories.
How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? 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: from Japanese parent–child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journey at the crux of the encounter between the relativism of anthropology and the endeavor toward a democratic coexistence pursued by the law. After identifying the recurrent themes or topoi used by judges and lawyers, this book critically analyzes them, evaluates their persuasive power and suggests a "cultural test" that gathers together the crucial questions to be answered when resolving a multicultural dispute. The "cultural test" is a matrix that guides the judge, lawyers and legislatures across the intricate paths of multiculturalism, to assure a relational dialogue between the law and anthropology.
L Aspetto Del Velo
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Author : Claudia Bianca Ceffa
language : it
Publisher: FrancoAngeli
Release Date : 2022-11-30T00:00:00+01:00
L Aspetto Del Velo written by Claudia Bianca Ceffa and has been published by FrancoAngeli this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-30T00:00:00+01:00 with Law categories.
1590.38
La Coerenza Dell Ordinamento Il Lavoro Come Causa Della Costituzione
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Author : Riccardo Delussu
language : it
Publisher: Youcanprint
Release Date : 2018-06-04
La Coerenza Dell Ordinamento Il Lavoro Come Causa Della Costituzione written by Riccardo Delussu and has been published by Youcanprint this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-04 with Law categories.
Il volume raccoglie due articoli di teoria costituzionale: "Il lavoro come causa della Costituzione" verte sul significato della formula «Repubblica fondata sul lavoro», respingendo l'interpretazione classista della stessa: per la quale l'art. 1 sarebbe soltanto un richiamo alla tutela dei lavoratori. Viene ugualmente respinta l'opinione di chi considera la formula costituzionale una mera espressione letteraria. Prendendo spunto dall'insegnamento di Costantino Mortati, è invece proposta una lettura in chiave contrattualistica, dell'art. 1 e dell'intera Carta del '47, in modo da attribuire un preciso significato giuridico al fondamento della Costituzione, dal quale far derivare diritti e doveri reciproci tra Stato e cittadini. "La coerenza come principio generale dell'ordinamento giuridico" affronta invece il tema del confronto tra positivismo e neocostituzionalismo, andando alla ricerca - mediante una rilettura di Kelsen - di una soluzione in grado di contemperare le esigenze della giustizia con la sovranità popolare e la certezza del diritto. L'introduzione, insieme allo scritto su Il giusto per natura secondo Aristotele, abbozza il tema del positivismo di matrice aristotelica.