Journal title SOCIOLOGIA DEL DIRITTO
Author/s Paola Pannia
Publishing Year 2017 Issue 2016/3 Language Italian
Pages 30 P. 133-162 File size 330 KB
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Recently, the issue of the so-called "culturally motivated crimes" (also "cultural crimes") has been at the centre of a vivid scholarly debate. Until now, however, scholars have mainly inquired whether the constitutional framework allows the "cultural exception", and, if so, what are the limits and instruments for this recognition. However, how do judges concretely respond to this issue? Which are the strategies actually used by judges to adjudicate cultural claims inside courtrooms? This paper attempts to address these questions, drawing upon the evidences of an empirical study conducted on a sample of 68 cases of cultural crimes in Italy. Results reveal that judges’ response (and not only that) is sometimes vague and inaccurate, showing the loopholes of the legal education about the management of cultural diversity.
Keywords: Multiculturalism - Judicial reasoning - Culturally motivated crimes - Legal education
Paola Pannia, Quando la cultura entra nell’aula giudiziaria: uno studio sulle argomentazioni dei giudici italiani in "SOCIOLOGIA DEL DIRITTO " 3/2016, pp 133-162, DOI: 10.3280/SD2016-003007