El Derecho penal entre Ia indiferencia y el desprecio por Ia diversidad cultural. La influencia de la identidad cultural en la teoría jurídica del delito
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Universidad de Jaén
info
ISSN: 2007-4700
Year of publication: 2017
Issue: 13
Pages: 149-171
Type: Article
More publications in: Revista penal México
Abstract
This work is based on the recognition of the reciprocity of discourses, the equality of cultural differences, and defends the essential role played by cultural identity as a human right in the dogmatic resolution of criminally relevant cultural conflicts. With these premises, a theory of justice is adopted that makes viable the construction of a model of intercultural criminal law and, from that position, it makes use of the legal theory of crime to resolve, among others, cases in which it is difficult you can get to understand the reason for the prohibition of the per formed behavior