L'antinomia del reato culturalmente motivato. Ipotesi giusfilosofiche per un ripensamento

The essay intends to problematize the epistemological perspective which, in the Italian system, upholds the judicial interpretation related to the cases that can be ascribed to the category of the so-called cultural offence. In this regard, the article is focused on the case-law concerning the religious practices of the sikh believer and on the legal recognition affair of Sikhism in Italy, identifying this empirical field as a privileged observatory. The topic of the analysis, through the Canadian approach, makes it possible to assess the canons of the prevailing hermeneutics in matter and to envisage hypotheses toward a rethinking of the theoretical assumptions underlying the criminal law enforcement, especially considering non offensive conduct of a religious nature.