Multiculturalism in the Italian family law

Risultato della ricerca: Articlepeer review

Abstract

This paper critically looks at the traditional idea of multiculturalism and multicommunitarism on the background of the contemporary Italian society. In Italy, that is not a multi-communitarian society, there was a transformation of the assimilations of “aliens’ rules” in a complex and fragmented demand of “micro” claims and quests for rights and acknowledgment of different (and sometimes small) social groups. The paper demonstrates that it is not (more or only) a question of different ethnicity or religion but a question of different “social group claims”, “economic group claims”, “group of interests claims”, “pressure group claims”, “corporation claims” and so on. It emerges on the one hand, the presence at various levels of “power groups” and decision-mak- ing groups that work side by side and sometimes replace the legislative and ex- ecutive powers; on the other hand, there is a breakdown of the unity of the people, of autochthonous or “molecular” interests and values that appear only in the background and rather faded. Rather than a problem of multicommu- nitarianism, it is a problem of endogenous multiculturalism, but not determined by the co-existence of different “ethnic groups” as much as by the co-presence of a multitude of social groups (sometimes also slight) different as to culture, habits, mentality, knowledge, economic development, experiences and needs of- ten influenced or determined by technological development, the economic sit- uation and the circulation and reception of “globalized” life and socio-cultural models. The paper aims to a reconstruction of the contemporary development of family law in the light of the new social and economic development of the Italian society.
Lingua originaleEnglish
pagine (da-a)643-678
Numero di pagine36
RivistaANNUARIO DI DIRITTO COMPARATO E DI STUDI LEGISLATIVI
Stato di pubblicazionePublished - 2019

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