Tradizioni di giustizia e stato di diritto: Religioni, giurisdizione, pluralismo
ESI – Naples 2011
Cultural diversity requires new forms of legal equality and traditions of justice are the main keys of understanding the demands of recognition that rise from the cultural communities in Europe. In the opening section, the book deals with the issue of epistemic links between law, religion and cultures. The following two develop a rigorous analysis of the religious traditions of justice in an interdisciplinary approach to comparative law and anthropology, reconstructing the matrix of meaning, the distinctive processes and legal projections, in historical contexts characterized by the encounter (or the clash) of religious communities within their own cultural backgrounds. The final outcome, however, is addressed in the present tense: it involves a huge reflection on the cultural fragmentation of processes of social justice, on developing of multicultural jurisdictions, on the risks of a spiral of juridical differentiations for contemporary democracies. The intent is to trace the source of a unitary sense of justice that underpins the religious traditions in order to reconstruct, in the kaleidoscope of political European pluralism, all the fronts opened by the struggles and claims of cultural communities of the continent.
Table of Contents:
Section I – Legal Morphologies of Cultural Differences
Section II – Matrices of Cultural Differences and Religious Traditions of Justice
Section III – The Judgment by Peers
Section IV – The Struggle for Equality