Cultural Diversity and the Law. Perception and Management in Italian Courtroom Settings

The aim of this work is to investigate how cultural factors are addressed in the Italian legal context, analyzing how lawyers and judges perceive, evaluate, and manage socio-cultural diversity in their daily decision-making process within civil law, with specific reference to family law and juvenile courts. In essence, this research aims to provide a meaningful contribution to the sociological study of managing cultural diversity in Italian court settings, focusing on a topic that has been relatively overlooked within civil law. This study identifies existing gaps in research and seeks to address them by delving into the complexities of cultural diversity within legal proceedings. In addition to focusing on legal culture as a fundamental aspect, the research emphasizes the importance of considering the organizational context of courts. It stresses the need to move beyond a purely cultural lens and incorporate broader organizational dynamics that influence legal decision-making. By integrating these perspectives, the research provides a more comprehensive understanding of how cultural diversity is handled and perceived within the Italian legal system. Two forms of data—semi-structured interviews and judgments—are used and correspond to two distinct yet closely interconnected lines of analysis. The semi-structured enabled a comprehensive exploration of participants' personal perspectives, fostering a more intimate and direct exchange, besides enabling access to diverse viewpoints and criticisms. On the other side, studying judicial decisions provided tangible insights into legal professionals’ perspectives, shaped by individual agency, organizational contexts, and internal legal culture.