For a New Semantics of Differences: Cultural Exception and the Law
-
Francesco Palermo is Professor of Comparative Public Law at the Department of Law, University of Verona. He is also Director of the Institute for Studies on Federalism and Regionalism (SFeRe) – European Academy (EURAC) of Bozen (Italy). His main research fields are Comparative, Italian and European Constitutional Law, Federalism, Regionalism, Minority Issues, European Integration, Italian and European Regional Law, Legal Language and Terminology, Constitutional transition in Central, Eastern and Southeatsren Europe, Judicial review of legislation.Matteo Nicolini , PhD in Italian and European Constitutional Law, is Assistant Professor of Comparative Public Law in the University of Verona, Italy. His main fields of research are Comparative, Italian and European Constitutional Law; Federalism, Regionalism; European Integration; Italian, European and Comparative Regional Law; Judicial Review of Legislation; Territorial Readjustment.
Abstract
The article examines the concept of ``cultural exception'' through the lenses of the two constitutive parts of the law-and-literature movement. In particular, it highlights the inadequacy of traditional legal categories for governing contemporary multicultural societies. By focusing on the meaning of the term ``cultural exception,'' it stresses of the necessity of new keys for interpreting legal phenomena. In contemporary pluralistic multicultural society, constitutional law requires new concepts whilst managing differences, or regulating the relations between authority and society that underpin different constitutional approaches. The law of differences, however, shows many important links with literature: both the understanding of equality and the literary production are deeply influenced by society evolution; both law and literature are expressed through language; and legal language is an instrument of de-codification of social reality.
About the authors
Francesco Palermo is Professor of Comparative Public Law at the Department of Law, University of Verona. He is also Director of the Institute for Studies on Federalism and Regionalism (SFeRe) – European Academy (EURAC) of Bozen (Italy). His main research fields are Comparative, Italian and European Constitutional Law, Federalism, Regionalism, Minority Issues, European Integration, Italian and European Regional Law, Legal Language and Terminology, Constitutional transition in Central, Eastern and Southeatsren Europe, Judicial review of legislation.
Matteo Nicolini, PhD in Italian and European Constitutional Law, is Assistant Professor of Comparative Public Law in the University of Verona, Italy. His main fields of research are Comparative, Italian and European Constitutional Law; Federalism, Regionalism; European Integration; Italian, European and Comparative Regional Law; Judicial Review of Legislation; Territorial Readjustment.
©2014 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Frontmatter
- Focus
- Focus: Law, Literature and (Popular) Culture
- State v. Estate: Jane Austen and the Law of Inheritance
- Women, Property and Identity in Victorian Legal Culture: Wilkie Collins's The Woman in White
- Interrelations Between Law and Culture: Iain M. Banks's The Player of Games
- Working at the Intersection of the Humanities, Law and Technology: Digital Humanities and the ``Two Cultures''
- For a New Semantics of Differences: Cultural Exception and the Law
- True Blood: Multicultural Vampires in Contemporary Society
- Research
- Legal Liturgies: The Aesthetic Foundation of Positive Law
- Modernity, Experience, and the Law in The Education of Henry Adams
- Violation of Human Rights in Holocaust/Post-Holocaust Era
- Defining Legal Vagueness: A Contradiction in Terms?
- Book Review
- Book Review
Articles in the same Issue
- Frontmatter
- Focus
- Focus: Law, Literature and (Popular) Culture
- State v. Estate: Jane Austen and the Law of Inheritance
- Women, Property and Identity in Victorian Legal Culture: Wilkie Collins's The Woman in White
- Interrelations Between Law and Culture: Iain M. Banks's The Player of Games
- Working at the Intersection of the Humanities, Law and Technology: Digital Humanities and the ``Two Cultures''
- For a New Semantics of Differences: Cultural Exception and the Law
- True Blood: Multicultural Vampires in Contemporary Society
- Research
- Legal Liturgies: The Aesthetic Foundation of Positive Law
- Modernity, Experience, and the Law in The Education of Henry Adams
- Violation of Human Rights in Holocaust/Post-Holocaust Era
- Defining Legal Vagueness: A Contradiction in Terms?
- Book Review
- Book Review
