Evaluating linguistic rights—or any type of claim in legislation on the basis of cultural differences—is a difficult task for legal professionals working within the framework of the contemporary pluralistic state.
This paper lays down some simple methodological guidelines for the assessment and classification of these rights by recently established minority religious groups in Europe, especially Islamic groups in Italy, within a democratic and pluralist polity.
It is divided into two sections. The first concerns the definition and interpretation of “culture” as a legal good, as depicted from many kinds of international and constitutional provisions on the subject.
The second deals with language rights of Muslim communities in the Italian legal system.
Van Parijs Philippe“Linguistic justice and the territorial imperative,” in Critical Review of International Social and Political Philosophy13 1 (March 2010) p. 181 ff. See also Van Parijs Philippe Linguistic Justice for Europe & for the World (Oxford: Oxford University Press 2011) p. 133 ff.
Staal Frits“Oriental Ideas on the Origin of Language,”Journal of the American Oriental Society99 1 (Jan.-Mar. 1979) pp. 1-14; Carpenter David “Language Ritual and Society: Reflections on the Authority of the Veda in India” Journal of the American Academy of Religion 60 1 (1992) pp. 57-77; Dusenbery Verne A. “The Word as Guru: Sikh Scripture and the Translation Controversy” History of Religions 31 4 Sikh Studies (May 1992) pp. 385-402.
GrahamBeyond p. 81ff.; Kahle Paul E. “The Arabic Readers of the Koran” Journal of Near Eastern Studies 8 2 (Apr. 1949) p. 65 ff.; Oweis Fayeq S. “Islamic Art as an Educational Tool about the Teaching of Islam” Art Education 55 2 One World (Mar. 2002) pp. 20 ff.
See Rodriguez Cristina M.“Accommodating Linguistic Difference: Toward a comprehensive Theory of Language Rights in the United States,”Harvard Civil Rights-Civil Liberties Law Review36 (2001) p. 133 ss.