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Maternità surrogata e identità frammentate: quale legame conta davvero?
No full textFollowing the increasingly jurisprudential pronouncements aimed at recognizing a legal tie between the intended parent and the child born as a result of surrogacy, the article questions the right to know own biological origins and the relation with the surrogate mother from which the gestation for others it deliberately detaches it from birth, helping to create fragmented identities in the name of the alleged best interest of the child.Following the increasingly jurisprudential pronouncements aimed at recognizing a legal tie between the intended parent and the child born as a result of surrogacy, the article questions the right to know own biological origins and the relation with the surrogate mother from which the gestation for others it deliberately detaches it from birth, helping to create fragmented identities in the name of the alleged best interest of the child
Volere del singolo ed incertezze della legge. Prolegomeni filosofico-giuridici per l’applicazione della Legge n. 40/2004
No full textThe contribution presents some critical observations in order to the claim to recognize the “rule” of the autonomy and, consequently, of the law in order a sustain an analysis about L. 40/2004. Highlighting the vagueness of the notion of “sovereignty” and its crisis, the Author recovers some paradigms of juridical and political theory to recognize a renewed importance of the classical thought. The contribution makes an attempt to analyze the state crisis with the aim of recognizing the roots of this crisis, especially in verifying the failure to respect the “autonomy” as the origin of the rule of law.The contribution presents some critical observations in order to the claim to recognize the “rule” of the autonomy and, consequently, of the law in order a sustain an analysis about L. 40/2004. Highlighting the vagueness of the notion of “sovereignty” and its crisis, the Author recovers some paradigms of juridical and political theory to recognize a renewed importance of the classical thought. The contribution makes an attempt to analyze the state crisis with the aim of recognizing the roots of this crisis, especially in verifying the failure to respect the “autonomy” as the origin of the rule of law
Ancora sull’incerto mestiere del nascere e del diventare genitori: i casi di cui alle sentenze nn. 32 e 33 della Corte costituzionale
No full textThis article analyses the innovations that have emerged from the recent constitutional judgments nos. 32 and 33/2021 concerning parenthood of homosexuals. The arguments are set out in the broader context of the constitutional rulings on the law on medically assisted procreation (n. 40/2004) and the steps forward and the milestones set out in this respect are highlighted, distinguishing what the Court says about the best interests of children born in the context of heterologous fertilisation for women and surrogacy carried out abroad (because these practices are prohibited in Italy). The final part also examines the procedural technique used by the Court in this case, trying to understand the reasons for it.This article analyses the innovations that have emerged from the recent constitutional judgments nos. 32 and 33/2021 concerning parenthood of homosexuals. The arguments are set out in the broader context of the constitutional rulings on the law on medically assisted procreation (n. 40/2004) and the steps forward and the milestones set out in this respect are highlighted, distinguishing what the Court says about the best interests of children born in the context of heterologous fertilisation for women and surrogacy carried out abroad (because these practices are prohibited in Italy). The final part also examines the procedural technique used by the Court in this case, trying to understand the reasons for it
Un caso di effettività perduta: la legge n. 40/2004 e la doppia maternità
No full textThe essay investigates the legal consequences of the loss of effectiveness of law n. 40/2004 in cases of recognition of double motherhood of children born in Italy from a homogenous-relational project carried out abroad: first, the repercussions on the principles of legality, equality and legal certainty in the face of multiple jurisprudential orientations on the subject, and secondly, the “fate” of the limit ex art. 5 law 40 in the absence of an organic intervention of the legislature to protect the rights of children born from a homogenous project.The essay investigates the legal consequences of the loss of effectiveness of law n. 40/2004 in cases of recognition of double motherhood of children born in Italy from a homogenous-relational project carried out abroad: first, the repercussions on the principles of legality, equality and legal certainty in the face of multiple jurisprudential orientations on the subject, and secondly, the “fate” of the limit ex art. 5 law 40 in the absence of an organic intervention of the legislature to protect the rights of children born from a homogenous project
Contro la pandemia. Analisi etico-giuridica del Piano pandemico 2021-2023
No full textIn this paper, after a general description of the Pandemic Plan 2021-2023, the bioethical criteria that are the basis of the current document will be critically discussed. Attention will also be paid to the issue of allocative justice and the proposed meaning and role attributed to the fundamental right to health will be considered. The problems that emerge from the redefinition of the right to health in the document will be highlighted. Finally, thinking about future pandemic scenarios, for a greater effectiveness of the Plan, some ethical - legal issues will be examined that should be better considered.In this paper, after a general description of the Pandemic Plan 2021-2023, the bioethical criteria that are the basis of the current document will be critically discussed. Attention will also be paid to the issue of allocative justice and the proposed meaning and role attributed to the fundamental right to health will be considered. The problems that emerge from the redefinition of the right to health in the document will be highlighted. Finally, thinking about future pandemic scenarios, for a greater effectiveness of the Plan, some ethical - legal issues will be examined that should be better considered
Il progetto: L’uso dell’intelligenza artificiale nel sistema amministrativo italiano
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Metafora e parabola: Paul Ricoeur interprete virtuale della prassi estetica kierkegaardiana
No full textThis article discusses Paul Ricoeur’s theory of metaphor and its relationship to parable, following his argumentation in the essay Stellung und Funktion der Metapher in der biblischen Sprache. In a second step, it analyses Søren Kierkegaard’s metaphorological praxis in Frygt og Bæven. The final part examines those aspects of Ricoeur’s theory that are appropriate to understanding Kierkegaard’s metaphorological praxis.This article discusses Paul Ricoeur’s theory of metaphor and its relationship to parable, following his argumentation in the essay Stellung und Funktion der Metapher in der biblischen Sprache. In a second step, it analyses Søren Kierkegaard’s metaphorological praxis in Frygt og Bæven. The final part examines those aspects of Ricoeur’s theory that are appropriate to understanding Kierkegaard’s metaphorological praxis
Paolo Perez e una lettura rosminiana della Commedia dantesca
No full textThis article introduces the editor of Antonio Rosmini, that is to say the Earl from Verona and the Rosminian priest Paolo Perez (1822-1879). He published the original writings of the philosopher from Rovereto about Dante and he made some comments and examples from the Commedia. Perez’s notes are relevant for an ethical and religious interpretation of the Commedia in opposition to the political and Renaissance-style reading of the time. Moreover, Perez’s paratext is useful to look into the convergence of philosophy and literature in Rosmini’s writings. This article introduces the editor of Antonio Rosmini, that is to say the Earl from Verona and the Rosminian priest Paolo Perez (1822-1879). He published the original writings of the philosopher from Rovereto about Dante and he made some comments and examples from the Commedia. Perez’s notes are relevant for an ethical and religious interpretation of the Commedia in opposition to the political and Renaissance-style reading of the time. Moreover, Perez’s paratext is useful to look into the convergence of philosophy and literature in Rosmini’s writings.