Itinerari teorici in Maurice Hauriou tra istituzione, transazione e circolarità ermeneutica

This article aims to analyze some specific elements of Maurice Hauriou’s institutionalist theory. Dealing with Hauriou is an opportunity to discuss once again the philosophical-legal aspects that shape the backbone of traditional legal institutionalism and to reconsider the theoretical sources Hauriou may have drawn on. In the three genealogical itineraries…

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“No Taxation Without Representation”? The enfranchisement of migrants in Europe as a matter of intercultural government

Global migration has reshaped European societies, even if the change has never been symmetric and uniformly disseminated. Different legislative approaches combine with a uniform formal exclusion from national polity, despite migrants growing activism in social, religious and trade union movements. The comparative analysis of migrant enfranchisement at the local level…

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Interculturalism: understanding the concept from a comparative perspective

The research analyses the prescriptive use of the term ‘interculturalism’ in the legal sciences, with the dual purpose of understanding: 1) how its content is indebted to theoretical elaborations from other sciences; 2) in a comparative perspective, whether interculturalism has a uniform application in the different legal systems in which…

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Rapporto di lavoro e traduzione interculturale: una lettura giuridico-interculturale della tutela del lavoratore straniero nel contenzioso disciplinare

The migratory flows that have affected Italy in the last thirty years have slowly but surely imposed a unprecedented social, economic and legal development of the country. This phenomenon has obviously involved the labor area, which over time has had to deal with new needs and the rising of new…

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From the Ottoman Millet to Neo-milletism: Israel and Lebanon in Comparison

The proposed article introduces the main features of the millet system of personal laws, which is considered the most emblematic and oldest example of personal federalism adopted by the Ottoman Empire and maintained, in different forms, in some contemporary States. The first part of the contribution outlines the origin of…

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The Multicultural State: Hypothesis for Framing a Concept

The contribution focuses on framings of the concept of the multicultural state. Only in recent times have certain questions prompted a re-thinking of previous definitions of the dogmatic category of state. The difficulty of tracing practical aspects back to theoretical models has led to seeing the multicultural state as an…

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Intercultural Education: What Is Called for? A Comparison of European and Latin-America Experiences

Intercultural education policy has emerged as an alternative to both assimilationism and multiculturalism. While multiculturalism emphasizes the cultural identity of social groups, somehow crystallizing their characteristics, interculturalism is based on a different understanding: it favors mutual dialogue and it assumes that the cultural identity of an individual cannot be equated…

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Towards a Different Understanding of Legal Traditions. Comparative Law Insights

In the legal field, the definition of the term ‘tradition’ suffers from heterogeneous understandings. These epistemological difficulties hint at one of the determinants of the definition of ‘legal tradition’, namely, an appeal to predominantly endogenous cultural aspects and not purely legal forms of legitimacy in the narrow sense. ‘Tradition’ and…

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Dieta e ordine giuridico-morale secondo Maometto. Cibo halal e tutela del consumatore

The essay analyzes how the consumption of halal food, or Sharì‘a-compliant products more generally, today goes beyond the faith requirements that predominantly characterize the Muslim consumer. A true halal lifestyle is emerging, which could help strengthen European intercultural dialogue by linking it to both the logic of law and the…

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