ABSTRACT
This chapter provides an overview of some of the most significant cultural concepts that have been incorporated into legal reasoning in the presence of a multicultural conflict. The “cultural discourse” that emerges from anthropology and from jurisprudence will be deconstructed for eventual modification, replacing some of its elements with others better able to activate a closer relationship with the other. Anthropology is a discipline founded with roots in colonialism and born from the first interest of Europeans towards the objects of colonial discoveries. The object, method and guiding principle of anthropology entered a new phase in the first half of the twentieth century with structuralism. In reality classical anthropology is in part misunderstood in respect to the concept of enculturation. Anthropology considers the context as fundamental: each phenomenon as an object or a practice cannot be fully understood without examining its relationship dynamic with other phenomena.
