Beni relazionali e multiculturalismo

[Autom. eng. transl.] A quick look at the characteristics of the modern state allows us to highlight how the current scenario has radically changed and the decline of the nation states is within the opposing processes of globalization and localism. In this sense, the concept of post-national European identity must confront both phenomena: on the one hand, with the elaboration of a new style of government capable of managing complexity, abandoning - in the process of European integration - the logic of binary thought us / others that has formed the basis of Eurocentrism, towards a thought of difference that can be translated into more flexible forms of citizenship; on the other hand, with the redefinition, on the basis of new conceptual categories, of the contribution that Europe can and wants to make to the process of creating a new world order. These questions undoubtedly also involve the strictly legal dimension, where the extension of the political space through supranational entities has led to a huge normative production, strengthened with the legal-political definition of a catalog of human rights that go beyond spatially determined references . The transnationality of human rights - reaffirmed and specified for Europe by the European Convention on Human Rights (1950) -, beyond the juridical sovereignty of the national states, can constitute a key to understanding with which to open the doors to creation of a European civil society. The development possibilities of the latter reside in a new conception of citizenship based on belonging to civil society and to the many local communities of which it consists. But, in reality, behind an apparently uniform facade of consensus, the problems relating to human rights, both from the theoretical point of view and from their application, are many and complex as regards their substantial universality, but also because of the interpretation of the text of the Universal Declaration of Human Rights (1948) in the following decades. These problems are particularly reflected in the sphere of criminal law, which constitutes one of the symptomatic aspects of multiculturalism and the difficult emerging relationship between the value of "dignity" and that of cultural diversity. The study of the relations between criminal law and the defendant's cultural roots highlights a "babel" of criminal options, making it clear that the cultural matrix itself sometimes constitutes an exempt and, at other time, an aggravating factor. What emerges is the controversial concept of "dignity", which is the basis of the formulation of human rights. The present contribution, therefore, addresses the issue of the relationship between human rights and the instance of ethnic-cultural multiplicity, considering the responses of both liberalism and communitarianism, as theoretical presuppositions of the policies of secular universality and multiculturalism, and putting in light of their intrinsic problematic nature. In this context, in the course of the essay, taking into consideration also the contributions of Taylor ("hospitable liberalism") and Kymlicka ("liberal culturalism"), we will come to propose a third perspective capable of resolving the aporetic aspects of liberalism and of communitarianism by linking cultures and allowing men - despite being different and different as they are - to recognize themselves as such. It is a relational paradigm that - recognizing the undeniable fact of otherness in the constitution of the ego and problematizing a vision of cultures understood as totally unitary realities, coherent and closed in themselves - recognizes the central role of relational reflexivity which leads to search for the reasons for the good