Il Guidice Antropologo
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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
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.
Gender And Migration In Italy
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Author : Elisa Olivito
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-15
Gender And Migration In Italy written by Elisa Olivito and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Law categories.
Recent migratory flows to Europe have brought about considerable changes in many countries. Italy in particular offers a unique point of view, since it is possible to observe not only the way migration has changed specific features of the country, but also how it is intertwined with gender relations. Considering both the type of migration that has affected Italy and the consequent measures adopted by the Government, a variety of distinctive elements may be seen. By providing a broad and more complete picture of the Italian perspective on gender and migration, this book makes a valuable contribution to the wider debate. The contributions consider the problematic linkage between gender and migration, as well as analyse particular aspects including Italian colonial past, domestic work, self-determination, access to social services, second-generation migrant women, family law, multiculturalism and religious symbols. Taking an empirical and theoretical approach, the volume underlines both the multifaceted problems affecting migrant women in Italy and the way in which questions raised in other countries are introduced and redefined by Italian scholarship. The book presents a valuable resource for researchers, academics and policy-makers working in the areas of migration and gender studies.
European Democratic Institutions And Administrations
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Author : Francesco Merloni
language : en
Publisher: Springer
Release Date : 2018-09-03
European Democratic Institutions And Administrations written by Francesco Merloni and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-03 with Law categories.
This book presents the results of extensive international comparative research into the effects of the economic and financial crisis on democratic institutions and social cohesion policies. The collected studies describe and analyse the measures (often referred to as "reforms") adopted to counter the crisis and the effects of these measures.It investigates three areas: the impact on the functioning of institutions, with respect to the relationship between representative institutions and governments, and the organisational structure of administrations at national and local levels; the impact that the austerity policies on public spending have on social rights; and the impact on traditional instruments of public action (administrative simplification, public services delivering, the use of common assets).The general findings highlight the effect of reducing the administrative and government capacity of the democratic institutions: the public sector, rather than being innovative and made more effective, declines, offering increasingly poor public services and making bad decisions, fuelling substantive or formal privatisation solutions, which in turn cause further weakening.
Authenticity Autonomy And Multiculturalism
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Author : Geoffrey Brahm Levey
language : en
Publisher: Routledge
Release Date : 2015-05-01
Authenticity Autonomy And Multiculturalism written by Geoffrey Brahm Levey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-01 with Political Science categories.
The concept of "authenticity" enters multicultural politics in three distinct but interrelated senses: as an ideal of individual and group identity that commands recognition by others; as a condition of individuals’ autonomy that bestows legitimacy on their values, beliefs and preferences as being their own; and as a form of cultural pedigree that bestows legitimacy on particular beliefs and practices (commonly called "cultural authenticity"). In each case, the authenticity idea is called on to anchor or legitimate claims to some kind of public recognition. The considerable work asked of this concept raises a number of vital questions: Should "authenticity" be accorded the importance it holds in multicultural politics? Do its pitfalls outweigh its utility? Is the notion of "authenticity" avoidable in making sense of and evaluating cultural claims? Or does it, perhaps, need to be rethought or recalibrated? Geoffrey Brahm Levey and his distinguished group of philosophers, political theorists, and anthropologists challenge conventional assumptions about "authenticity" that inform liberal responses to minority cultural claims in Western democracies today. Discussing a wide range of cases drawn from Britain and continental Europe, North America, Australia and the Middle East, they press beyond theories to consider also the practical and policy implications at stake. A helpful resource to scholars worldwide in Political and Social Theory, Political Philosophy, Legal Anthropology, Multiculturalism, and, more generally, of cultural identity and diversity in liberal democracies today.
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.
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.
Personal Autonomy In Plural Societies
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Author : Marie-Claire Foblets
language : en
Publisher: Routledge
Release Date : 2017-11-22
Personal Autonomy In Plural Societies written by Marie-Claire Foblets and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-22 with Law categories.
This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual’s acts. Second, in a society characterized by ‘weak pluralism’, the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function’ of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning.