Restorative Justice and Ancestral ‘Good Living’: The Case of the Arhuaco

This article investigates the intercultural relationship between Western society and indigenous society. This is the result of two workshops with members of indigenous peoples in Bogota and with Arhuaco indigenous people of the Sierra Nevada de Santa Marta, in the villages of Nabusímake and Simanorua. This article argues that despite…

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Machiavelli, Chisciotte e i mondi plurimi. Idealità, contraddizione e conoscenza nell’antropologia politica proto-moderna

Machiavelli is considered the historical champion of political efficiency. His thought is traditionally depicted as a pendulum balancing ethical standards and pragmatic exigencies, but which ends up unevenly oscillating towards the second pole. A good deal of cynicism is assumed as the price for the foundation of an objectified political…

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Lo straniero errante. Il kirpan e le ragioni dell’“errore” dei Sikh

Recent judicial proceedings involving members of the Sikh community offer the opportunity to reflect on the approach employed by Italian jurisprudence towards “new” manifestations of religious freedom in the ever-changing national social context. The judges have determined that public carry of the kirpan, a symbol that is integral to the…

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Filiazione, storia e cultura. Per un’analisi retrospettiva delle relazioni interculturali fra tradizione giuridica canonistica e diritto civile italiano in materia di famiglia

The aim of this essay is to analyze the topic of filiation considering both canonical and Italian private law perspectives. The distinction of differing types and categories of filiation is traditionally regarded as the most efficacious hermeneutic way to enforce the role of marriage in regulating family relationships. This well-established…

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Sharing economy ovvero il frutto avvelenato del neoliberismo

The sharing economy likes to present itself as a new economic model, markedly different from the traditional market economy, and scrupulous in its devotion to collaboration, improved resource management, and social solidarity. The word “sharing” points at exactly these values. Nevertheless, and in spite of its self-promotion—very much reflected in…

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Knowing How to “Make” Intercultural Diplomacy

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…

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Migrazioni e soggettività diasporica. Riflessioni a margine della mudawwanah marocchina

Islamic jurisprudence can guarantee respect for the religious tradition as well as the renewal of modern society in many ways. The Moroccan codification of 2004 (mudawwanah: literally “code”) can be considered a step toward the implementation of human rights within the civil code framework. Among the goals of the reform…

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The Relationship between Religious Law and Modern Legal Systems: the Case of Religious Jurisdictions

Despite the assumption that the public sphere is secular, a relationship between religion and law is still present in the daily practice of interpreters of civil law systems. Religious affiliation often leads the faithful to involve religious courts in the resolution of disputes, and to accept their judgements as binding….

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