Nemici, stranieri e pluralismo giuridico nella società multiculturale

Our multicultural society is concerned with both massive migrations and the fact that migrants live in ethno-cultural minorities, which are organized according to their norms and values that can be very different from those of the society at large. Thus, in the multicultural society a practiced legal pluralism is at work. In that form of legal pluralism different normative sets claim to be valid and properly applied, to the effect that deep conflicts may arise. In order to face, and possibly solve, them it is suitable to resort to mediation procedures, through which the parties at stake co-operate producing ad hoc rules. In order to not only adequately protect minority people within both the society at large and the migrant communities but also treat them with equal concern and respect, judges have to decide cases with a culture-sensitive attitude. Through it they can recognize the normative value of the foreign institutions and apply their constitutive rules by accommodating them according to the fundamental principles of our constitution.