Culture wars e potere giudiziario. Corte Suprema degli Stati Uniti e Corte europea dei diritti dell’uomo nel geo-diritto occidentale

Abstract

Judicial decisions play a decisive role in the transnational culture wars that cross many countries and have now become true global culture wars. This contribution, after some initial methodological observations, reconstructs some central nodes of Robert Cover's theory on jurisgenesis and frames the contribution of the United States Supreme Court and the European Court of Human Rights in the scenario of today's culture wars. A picture emerges in which some legal developments lead us to reflect on the difficulties of normative and social pluralism and the role of law in this context