L'ETNOCENTRISMO NELLA TRADIZIONE GIURIDICA OCCIDENTALE: IL CASO DEL MAROCCO

Starting from the study of the definition and concept of law this work intends to investigate the construction of the '"other" through the use of a stereotyped idea of the rule of law, defined as the principle of legality. Orientalism is the definition of studies and researches upon non-European cultures. The modern Western society is, according to "our" vision, due to the process of secularization of institutions, made now able to offer to their citizens the legal and social model of coexistence based on democratic principles of tolerance and non-discrimination, recognition and protection of civil, political and religious values. It thus becomes difficult to understand an "other" legal and social system such as that of Islam for which the link between religion and politics is inseparable, since Islam is at the same time a religion, a model of legal and political plans, a proposal of civil society. The research is essentially structured in three sections. Firstly, starting from the study of E. Said (Orientalism) that documents and submits to criticism the use of the East that the West has done in reconstructing its legal, cultural and ideological aims. The purpose is the investigation of the construction of the '"other" through the use of thenstereotyped idea of Understanding the law as the principle of legality.The second part of the work takes the form of a legal system "other" away from the Western legal tradition, which is the Islamic law. Regarding the second part of this study, the aim is to analyse the connection between human rights (as explained in "system" of international protection) and the Koran, the light of the Universal Islamic Declaration of Human Rights of 1981, the Declaration Cairo's human Rights in Islam, the Arab Charter of Human Right of 1994. The third section takes the form of a research activity designed to adress the issue of protection of women's rights in the institutional practice of a Muslim country, Morocco, in light of the recent reform of the Moudawana, the Moroccan Family Code. In light of this new code the rights of women will be analyzed both in there specific "regional" Islam and in the global context or in terms of application of the principles enshrined in international conventions.