Due to the transition from modernity to post-modernity, law and jurisprudence are both living a hard period. Most of the certitudes we have rely on – including our faith in the meaning of the words employed in the law – are vanishing. At the same time, as an effect of this transition, the space of interpretation – judicial interpretation as well as user interpretation – is increasing. Nevertheless, the law – as well as everything else – is always interpreted moving from many types of pre-comprehension, that is from a thick net of implicit notions which reveal the large role that the original culture of the interpreter, and the underlying religious matrix of the culture itself, plays herein. Achieving awareness that culture and/or religion act as a underlying pre-condition of legal interpretation is the first step to move for achieving a cross-cultural law.

società multireligiosa e interpretazione normativa

FERLITO, Sergio
2008-01-01

Abstract

Due to the transition from modernity to post-modernity, law and jurisprudence are both living a hard period. Most of the certitudes we have rely on – including our faith in the meaning of the words employed in the law – are vanishing. At the same time, as an effect of this transition, the space of interpretation – judicial interpretation as well as user interpretation – is increasing. Nevertheless, the law – as well as everything else – is always interpreted moving from many types of pre-comprehension, that is from a thick net of implicit notions which reveal the large role that the original culture of the interpreter, and the underlying religious matrix of the culture itself, plays herein. Achieving awareness that culture and/or religion act as a underlying pre-condition of legal interpretation is the first step to move for achieving a cross-cultural law.
2008
978-88-348-8434-8
File in questo prodotto:
File Dimensione Formato  
Multireligiosità e reazione giuridica.pdf

solo gestori archivio

Tipologia: Versione Editoriale (PDF)
Licenza: NON PUBBLICO - Accesso privato/ristretto
Dimensione 1.09 MB
Formato Adobe PDF
1.09 MB Adobe PDF   Visualizza/Apri

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.11769/93183
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact