Pluralità culturale e diritto penale: da istanza (problematica) a risorsa (critica)

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Articolo

rivista	JUS
fascicolo	JUS - 2018 - 3
titolo	Pluralità culturale e diritto penale: da istanza (problematica) a risorsa (critica)
autore	Rosa Palavera
editore	Vita e Pensiero
formato	Articolo \| Pdf
online da	07-2019
doi	10.26350/004084_000036
issn	00226955 (stampa)

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Descrizione
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. keywords cultural plurality, alterity, otherness, criminal law, law in context, globalization, secularization, law and religion, law and culture, restorative justice, crime prevention, reintegration of offenders, inclusion. Biografia dell'autore rosamaria.palavera@unicatt.it

Descrizione

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.

keywords

cultural plurality, alterity, otherness, criminal law, law in context, globalization, secularization, law and religion, law and culture, restorative justice, crime prevention, reintegration of offenders, inclusion.