Hidden cultures in law: Metaphor and translation in legal discourse

Abstract

AbstractThe paper analyzes the problem of the contemporary societies, characterized by the permanent presence of people belonging to different faiths and the culture. The relationship between law and culture, law and religion, in particular the Christian religion, in the history of western culture, are the focus of the paper. In this way, the paper analyzes the importance of the interdisciplinary approach to this problem, emphasizing the importance of a dialogue between juridical science and semiotics, and the importance of the use of metaphor as a strategy for building an intercultural legal system. This approach at juridical studies allows one to stem the crisis of the “modern” legal system. It is necessary to recovering the authentic sense of generalizations and abstractions of modern law, to create a society based on dialogue between law, culture, and religion, and to go beyond the logic of multiculturalism. To do this, is necessary to realize that words such as freedom, equality, dignity, and autonomy are communication code-words with extraordinary symbolic and political value. To do this, we will need to combine the work of interpretation of the law with that of intercultural translation.