The aim of this article is to analyze culturally motivated crimes with a comparative focus and a case law approach. First of all, a set of definitions is given to have a common and shared understanding of the topic at stake. What is culture and what do we mean by culturally motivated crimes? Secondly, a comparative case-law study helps to focus the possible different solutions given to the cultural factor in criminal law. In fact, some legal systems -such as the Canadian one - appear to be more willing than others to make concrete accommodations of cultural differences. Lastly, the latest Italian Court of Cassation suggests a possible direction to be taken to better treat culturally motivated crimes in today’s multicultural society. What does it mean for criminal law to be culturally sensitive? How can courts take into consideration cultural factors through a proper legal method? These are the main questions on which criminal doctrine has focused its attention trying to reshape a criminal model which can be responsive to those different cultural values, needs and interests.
Culturally Motivated Crimes: the Cultural Test in the Italian Jurisprudence. A Comparative Study.
Sophie Charlotte Monachini
2020-01-01
Abstract
The aim of this article is to analyze culturally motivated crimes with a comparative focus and a case law approach. First of all, a set of definitions is given to have a common and shared understanding of the topic at stake. What is culture and what do we mean by culturally motivated crimes? Secondly, a comparative case-law study helps to focus the possible different solutions given to the cultural factor in criminal law. In fact, some legal systems -such as the Canadian one - appear to be more willing than others to make concrete accommodations of cultural differences. Lastly, the latest Italian Court of Cassation suggests a possible direction to be taken to better treat culturally motivated crimes in today’s multicultural society. What does it mean for criminal law to be culturally sensitive? How can courts take into consideration cultural factors through a proper legal method? These are the main questions on which criminal doctrine has focused its attention trying to reshape a criminal model which can be responsive to those different cultural values, needs and interests.File | Dimensione | Formato | |
---|---|---|---|
Monachini_.M_Culturally.pdf
non disponibili
Descrizione: Articolo in rivista
Tipologia:
Versione dell'editore
Licenza:
Dominio pubblico
Dimensione
822.23 kB
Formato
Adobe PDF
|
822.23 kB | Adobe PDF | Visualizza/Apri Richiedi una copia |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.