ABSTRACT
This chapter explores what happens in the law when a different discourse emerges. It also explores the emergence of gender discourse in the context of what are commonly called multicultural conflicts or multicultural litigation, and how this discourse is prevailing over culture as a category to interpret a given behaviour. Cultural conflicts are being re-scripted as gender conflict by judges and legislatures in Italy and comparatively. Although female genital mutilation was until perceived by the law as an age-old cultural practice, it is starting to be classified more often as a patriarchal practice, with entirely different legal consequences. In the case of honour killing or of domestic maltreatment, classification under patriarchy may obscure a cultural dimension that is present and that can be used to better appreciate the conduct. Italian judges never granted any mitigation of punishment in honour killing cases.
