Equality and the Law: An Analysis of Cultural Defense Strategies

This article provides an in-depth analysis of the philosophical and practical aspects of equality in the legal system, drawing on the concepts of Ronald Dworkin and Gustav Radbruch. The author examines the tension between the arithmetic understanding of equality and the principle of equal respect for diverse paths of life. A key consideration is the strategy of cultural defense, or defense through culture, which serves as a procedural tool for verifying minority cultural norms. The text explores the methodology of legal interpretation, from literal interpretation to a vision of law as an integral whole. The discussion also encompasses the sociological and psychological aspects of the legitimacy of the legal system and procedural justice in the face of conflicting norms. This is an important contribution to the discussion on how contemporary courts should reconcile tradition with the code and universal human rights.