The Istanbul Convention of 2011 established a clear link between the objective of gender equality and the elimination of violence against the ‘female’ gender and regulated directly the issue of forced marriages. Currently, in Italy, the reference legislation is represented by Art. 7 of the so-called ‘Codice Rosso’ approved in 2019, [...]

The pandemic has mercilessly highlighted deficits in Italian high schools, but it has been a long time since students, teachers, school staff and other stakeholders asked for decisive innovation. In this paper, this drive for change will be studied in terms of renovation in light of the fundamental axes of the [...]

This paper addresses questions of legal personhood that have been coming to the fore in European courts in recent years through what has been termed the “Right to Be Forgotten.” These cases center around conflicts between the permanence of online information and the desire of users to instead make their own [...]

The aim of these brief notes is to underline in the current contingency of a worldwide not clearly known pandemic the legal relevance of the relationship between the doctor and the patient. While the Corona-virus health emergency still seems to rise, many issues are challenging the hermeneutical efforts of jurists: the [...]

Art. 2082 of the Italian Civil Code defines the “entrepreneur” as a person who carries out an economic activity organized for the purpose of producing or exchanging goods or services professionally. In so doing, the Civil Code describes a functional role, but leaves the “living” person apart. The Italian legislator seems [...]

From the right to information to the right to privacy, from freedom of expression to protection from defamation, online conflicts are troubling private entities and jurists alike, particularly as the ever-increasing spread of global communications changes the meaning and impact of territories and jurisdiction. Beneath the hubbub runs a babbling brook [...]

Modern contract law attempts to balance the informational and material asymmetries between contracting parties. In Western legal systems, these strategies aimed towards fairness have been effective in facilitating the circulation and the redistribution of assets. If we look at the issues brought forth by Islamic communities within non-Islamic constitutional systems, it [...]

The essay focuses on the centrality of spatial factors towards an adequate understanding of social relations in today's plural societies, especially with regard to urban spaces, where the coexistence of culturally and religiously diverse social actors is concentrated. This coexistence favors the transformation of modern secular cities into global liturgical spaces. [...]

The essay focuses on a different perspective of the child in the assessment of her/his best interests regarding the practice of international adoption. Specifically, it will be argued that the child who is the object of adoption should be understood in terms of his/her ‘relational being,’ rather than as an a [...]

The paper addresses and weighs the possibilities and usefulness of an intercultural approach to the associative phenomenon, particularly within the context of majority rule. It focuses on the cultural and religious matrices underlying majority rule as they are deduced from its historical and functional origin and from its legal experience. The [...]

This paper offers the first partial result of a two-person research project which attempts to combine a comparative and economic analysis of law with an intercultural law approach. The paper focuses on Article 5 of the Italian civil code which governs the dispositions of the human body and considers it as [...]

Intentional communities are voluntary residential communities designed to actualize forms of daily living and ways of sharing that had been thought lost to modern societies. Despite their growing popularity, in most legal orders they do not yet have legal rights. Though these communities often demonstrate a natural tendency to close their [...]

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 model [...]

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 accepting [...]

This paper presents the results of a concise investigation of remedies available for breach of contract, making use of the Economic Analysis of Law (EAL). An exemplar is also provided of EAL's functional potentialities as a research tool for intercultural law. The prevalence of multiculturalism in today's global social-economic experience finds [...]

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 accepting [...]

This essay addresses a Judgment of Divorce ruled by an Italian court (Tribunale di Padova) applying Moroccan family law—specifically, Moudawwana Articles 83 and 114. By means of a renvoi to EU Regulation n. 1259/2010, the spouses' application for divorce benefitted from the so-called “immediate divorce” provision, namely a divorce without a [...]

While Italian and Islamic economic and legal systems may appear to be so different as to be inconsonant, recent studies in religion and economics offer a new perspective. Particularly in light of globalization trends, contractual negotiations within civil law illuminate some interesting possibilities for interaction and creative negotiation between these seemingly [...]

The main purpose of this essay is to analyze the experience of the second generation of migrants to Italy from an intercultural perspective. By capturing their life plots within the wider framework of migration, the enquiry focuses on the opportunities, difficulties and significancies held within the stories they live. Both the [...]

The essay addresses the issue concerning intercultural translation and its relationship with human rights. This matter is analyzed by taking human rights as interfaces of metaphorical intercultural “transduction” rather than as parameters to assess the lawfulness of people’s behaviors or their legal systems of belonging. Such an approach is in tune [...]

The Roman legal experience teaches us that the issues and perspectives to which today's intercultural law is dedicated have historical ‘substantial’ precedents in the institution of jus gentium: indeed, praetor pergrinus offered concrete and effective protection to it through its iurisdictio. This aspect of ‘practical application’ was closely tied, on the [...]

Sweden has been widely recognized as one of the most modern and progressive European democracies. Swedes themselves often claim they are more democratic, progressive, and intrinsically more “freedom-loving” than other nations. The case of Ellinor Grimmark, a Swedish midwife who has been denied the possibility to conscientiously object to performing abortions [...]

The essay addresses the relationships, often tragically interwoven, extant between migration debts and asylum applications. This topic is approached in a multidisciplinary way, so as to generate a convergence of legal and anthropological skillsets. The inquiry relies upon field research carried out among Bangladeshi asylum seekers in Italy. Through an intercultural [...]

This essay incorporates the results of an ethnographic-legal investigation promoted by the “Accademia
del Notariato” and carried out among a sample of Italian notaries in order to identify issues that arise when legal assistance, particularly from notaries, is provided to foreign clients. The methodological approach applied consists of qualitative research. The theoretical [...]

In quotidian life, the encounter in space is an encounter of active bodies. It does not occur in a void, but rather within a relational dimension that has been shaped by semantic chisels and interwoven with stories, narrations, and both “real” and “imaginary” recollections. These features of quotidian life are especially [...]

The European Union was born under the sign of ‘unity in diversity’ and pluralism. Such a design with its rather oxymoronic combination of ends has so far found an institutional and procedural synthesis. From a cultural point of view, however, Europe is divided, and efforts towards anthropological translation, at least in [...]

The essay envisages the new, possible professional perspectives that intercultural law seems to open up to young lawyers. At the crossroads between the necessity to supply legal assistance to foreigners and the current crisis that legal professionals undergo, a legal intercultural competence might provide both a way out of the dire [...]