Abstract
The paper moves from the hypothesis of a non-discontinuous framing of the multicultural
theme, finding in the otherness and the radical plurality of human beings, as well as in the consequent
appeal to their freedom the very foundation of criminal law as a human-oriented project. The approach
to cultural plurality as a problem is critically evaluated, as well as the signature (dis)solutions of the
postmodern reflection, which proposes a temporal, territorial and valorial relativization of criminal
norms, in the wake of an “in context”, global and neutral(ized) law. An alternative and inclusive
approach is identified in considering cultural plurality as a systematic-critical resource for criminal
law, in terms of prevention, legislation, factfinding and statual response to crime.
| Translated title of the contribution | [Autom. eng. transl.] Cultural plurality and criminal law: from (problematic) instance to (critical) resource |
|---|---|
| Original language | Italian |
| Pages (from-to) | 489-530 |
| Number of pages | 42 |
| Journal | JUS |
| Publication status | Published - 2018 |
Keywords
- alterity
- crime prevention
- criminal law, law in context
- cultural plurality
- globalization
- inclusion
- law and culture
- law and religion
- otherness
- reintegration of offenders
- restorative justice
- secularization
