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Adversarialism in Italy: Using the concept of legal culture to understand resistance to legal modifications and its consequences

Montana, R. (2012). Adversarialism in Italy: Using the concept of legal culture to understand resistance to legal modifications and its consequences. European Journal of Crime, Criminal Law and Criminal Justice, 20(1), pp. 99-120. doi: 10.1163/157181712X615258

Abstract

Based on the author’s empirical study on Italian prosecutors, this article uses legal culture to analyze the reasons why prosecutors are resisting certain legal modifications. In so doing, this paper tries to offer a fresh perspective over (comparative) global issues, such as: the meaning of inquisitorial and adversarial in modern criminal justice systems, the impact of legal transplants and legal translations and the centrality of prosecutors’ powers in contemporary criminal justice systems. In particular, the analysis of legal culture in a comparative perspective can stretch our imagination about what is the true extent of prosecutors’ powers, and how these can be related and balanced against the defendant’s rights.

Publication Type: Article
Subjects: K Law > K Law (General)
Departments: The City Law School > Academic Programmes
URI: http://openaccess.city.ac.uk/id/eprint/1577
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