This paper presents the results of a concise investigation of remedies available for breach of contract, making use of the Economic Analysis of Law (EAL). An exemplar is also provided of EAL’s functional potentialities as a research tool for intercultural law. The prevalence of multiculturalism in today’s global social-economic experience…
Intercultural Diplomacy embodies the richest part of the possibilities offered by international relations (public and private) through dialogue, kind assertiveness, and truthfulness. It means identifying potential syntheses between different cultures and working together with the aim of rediscovering oneself in the Other, living purposefully in the Other, accepting oneself and…
This essay addresses a Judgment of Divorce ruled by an Italian court (Tribunale di Padova) applying Moroccan family law—specifically, Moudawwana Articles 83 and 114. By means of a renvoi to EU Regulation n. 1259/2010, the spouses’ application for divorce benefitted from the so-called “immediate divorce” provision, namely a divorce without…
While Italian and Islamic economic and legal systems may appear to be so different as to be inconsonant, recent studies in religion and economics offer a new perspective. Particularly in light of globalization trends, contractual negotiations within civil law illuminate some interesting possibilities for interaction and creative negotiation between these…
The main purpose of this essay is to analyze the experience of the second generation of migrants to Italy from an intercultural perspective. By capturing their life plots within the wider framework of migration, the enquiry focuses on the opportunities, difficulties and significancies held within the stories they live. Both…
The essay addresses the issue concerning intercultural translation and its relationship with human rights. This matter is analyzed by taking human rights as interfaces of metaphorical intercultural “transduction” rather than as parameters to assess the lawfulness of people’s behaviors or their legal systems of belonging. Such an approach is in…
AbstractThe essay addresses the relationships, often tragically interwoven, extant between migration debts and asylum applications. This topic is approached in a multidisciplinary way, so as to generate a convergence of legal and anthropological skillsets. The inquiry relies upon field research carried out among Bangladeshi asylum seekers in Italy.Through an intercultural…
Sweden has been widely recognized as one of the most modern and progressive European democracies. Swedes themselves often claim they are more democratic, progressive, and intrinsically more “freedom-loving” than other nations. The case of Ellinor Grimmark, a Swedish midwife who has been denied the possibility to conscientiously object to performing…
The Roman legal experience teaches us that the issues and perspectives to which today’s intercultural law is dedicated have historical ‘substantial’ precedents in the institution of jus gentium: indeed, praetor pergrinus offered concrete and effective protection to it through its iurisdictio. This aspect of ‘practical application’ was closely tied, on…
In quotidian life, the encounter in space is an encounter of active bodies. It does not occur in a void, but rather within a relational dimension that has been shaped by semantic chisels and interwoven with stories, narrations, and both “real” and “imaginary” recollections. These features of quotidian life are…
