NDLI: Tutela Del Sentimento Religioso E Reati Culturalmente Orientati. Il Diritto Penale E Il Confine Del Multiculturalismo

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Tutela Del Sentimento Religioso E Reati Culturalmente Orientati. Il Diritto Penale E Il Confine Del Multiculturalismo

Content Provider	Semantic Scholar
Author	Provera, Alessandro
Copyright Year	2012
Abstract	The legal system and criminal law can not remain strangers to the dynamics of multiculturalism, if they want to effectively ensure the peaceful coexistence. The feeling of religious and cultural belonging, which is both a cognitive procedure and a prerequisite for the formation of identity, does characterize multicultural and multireligious society. This feeling has been considered in relation with the principles of the liberal legal system and of the criminal law, as developed by the Italian and German doctrine. The research has shown that it can be protected by criminal law itself. From the sanctionatory point of view the analysis leads to deem appropriate paths of restorative justice. Criminal law also needs to face the problem represented by crimes which are caused by cultural or religious affiliation (so called cultural offences). The American experience has dealt with such crimes through the so called cultural defences. This means that various institutions of positive law are used in order to mitigate or even exclude liability. This work aims to identify the essential characteristics of a legislative reform in order to give recognition, within the categories of Italian criminal law, to the cultural or religious orientation. An essential element in this evaluation is the consideration of the cultural orientation or religious order as one of the true purposes of the legal system, which would help to assess the wrongfulness of crimes which are culturally or religiously oriented.
File Format	PDF HTM / HTML
Alternate Webpage(s)	http://tesionline.unicatt.it/bitstream/10280/1228/1/COPERTINA%20DEFINITIVA.pdf
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article

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