Adversarialism in Italy: Using the Concept of Legal Culture to Understand Resistance to Legal Modifications and its Consequences

Riccardo Montana
2012 European Journal of Crime, Criminal Law and Criminal Justice  
Citation: Montana, R. (2012). Adversarialism in Italy: Using the concept of legal culture to understand resistance to legal modifications and its consequences. This is the unspecified version of the paper. This version of the publication may differ from the final published version. Permanent repository link: http://openaccess.city.ac.uk/1577/ Link to published version: http://dx.Abstract Based on the author's empirical study on Italian prosecutors, this article uses legal culture to analyze the
more » ... 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.
doi:10.1163/157181712x615258 fatcat:23dr4rs4x5bydbgg77pgn2dbva