Part of
Controversies in the Contemporary WorldEdited by Adriano Fabris and Giovanni Scarafile
[Controversies 15] 2019
► pp. 261–278
In this paper I propose a method to solve controversies in scenarios of legal pluralism. Shortly, in scenarios of legal pluralism some of the controversies involve members of culturally differentiated groups who justify their allegations with arguments that only make sense in the culture to which they belong. If the adjudicator does not share the same cultural worldview as the parts under litigation, how can he/she come to make a decision determining the parties’ rights and obligations? My answer for this question includes (1) an account of knowledge to culturally differentiated groups, and (2) a method for the evaluation of the culturally-dependent arguments.