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.
Pluralità culturale e diritto penale: da istanza (problematica) a risorsa (critica)
palavera rosa
2018
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.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
