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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.
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For effects of this, see Astori, Davide, “Multilingual Europe?,” Journal of Linguistic Studies, 3(1), 2010, p. 105 ff.
Laitin, David D., “What is a Language Community?,” American Journal of Political Science, 44, 1 (Jan., 2000), p. 144.
Rosen, Lawrence, Law as Culture. An Invitation, (Princeton: Princeton University Press, 2006), p. 6.
Roy, Olivier, Holy Ignorance: when Religion and Culture Part Ways, (New York-Chichester West Sussex: Columbia University Press, 2010), p. 23 ff.
McGoldrick, Dominic, Human Rights and Religion: The Islamic Headscarf Debate in Europe, (Oxford-Portland: Hart Publishing, 2006). See in particular p. 288.
See Hofstede, Geert, Culture’s Consequence. Comparing Values, Behaviours, Institutions, and Organizations Across Nations, (Thousand Oaks-London-New Delhi: Sage Publications, 2001), p. 15 ff.
Van Parijs, Philippe, “Linguistic justice and the territorial imperative,” in Critical Review of International Social and Political Philosophy, 13, 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.
Decree of 4 June 2010.
See Olender, Maurice, The Languages of Paradise: Race, Religion, and Philology in the Nineteenth Century, (Cambridge: Harvard University Press, 2009).
Wheelock, Wade T., “The Problem of Ritual Language: From Information to Situation,” Journal of American Academy of Religion, 50, 1, (1982), p. 50.
Staal, Frits, “Oriental Ideas on the Origin of Language,” Journal of the American Oriental Society, 99, 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.
Graham, William A., Beyond the Written Word, (New York: Cambridge University Press, 1993), p. 52.
Van der Toorn, Karel, Scribal Culture and the Making of the Hebrew Bible, (Cambridge-London: Harvard University Press, 2007), p. 145.
Janowitz, Naomi, “The Rhetoric of Translation: Three Early Perspectives on Translating Torah,” The Harvard Theological Review, 84, 2 (Apr., 1991), p. 139.
Graham, Beyond, p. 81 ff.; 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 Souaiaia, Ahmed, “On the Sources of Islamic Law and Practices,” Journal of Law and Religion, 20, 1, (2004-2005), p. 146.
Keane, Webb, “Religious Language,” Annual Review of Anthropology, vol. 26, (1997), p. 49 and p. 55.
Coward, Harold, Scripture in the World Religions, (Oxford: Oneworld, 2000), p. 38.
Verkuyten, Maykel, “ ‘Abnormalization’ of Ethnic Minorities in Conversation,” British Journal of Social Psychology, 40 (2001), pp. 257-278.
See Rodriguez, Cristina M., “Accommodating Linguistic Difference: Toward a comprehensive Theory of Language Rights in the United States,” Harvard Civil Rights-Civil Liberties Law Review, 36, (2001), p. 133 ss.
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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.
All Time | Past Year | Past 30 Days | |
---|---|---|---|
Abstract Views | 151 | 23 | 11 |
Full Text Views | 174 | 2 | 1 |
PDF Views & Downloads | 14 | 3 | 1 |