La complessità del “rendere giustizia” di fronte alla sfida del diritto interculturale

Abstract

The demands for accommodation of cultural and religious differences in Western pluralistic societies strongly stress legal systems; cultural and religious diversity has a particularly strong impact on “settling disputes”, in relation to both the implications of dealing with diversity for state courts and the potential of faith-based ADR (Alternative Dispute Resolution). In fact, on the one hand, Western judges are increasingly confronted with their changing role as possible “intercultural legal professionals”; on the other hand, faith-based mediation and arbitration raises some important questions related to women’s dignity and rights to personal autonomy and self-determination.

Keywords: Cultural and religious diversity; Legal pluralism; Intercultural legal professionals; Faith-based ADR; Islamic councils