The essay deals with the dialectical tension between the naturalistic paradigm and the voluntary paradigm on the subject of filiation in the the background of the problems caused by reproductive technologies. It analyzes some ambiguities of contemporary law and the profound difference between the systematic implications of the two paradigms. It links the orientations of the jurisprudence of the European Court of Human Rights with the basic lines of Italian legislation and jurisprudence. It ends with an analysis of the constitutional jurisprudence on the subject of homogenitoriality.
Nicolussi, A., Paradigmi della filiazione, in Salanitro, U. (ed.), Quale diritto di famiglia per la società del XXI secolo?, Pacini Giuridica, Pisa 2020: 263- 284 [http://hdl.handle.net/10807/173303]
Paradigmi della filiazione
Nicolussi, Andrea
2020
Abstract
The essay deals with the dialectical tension between the naturalistic paradigm and the voluntary paradigm on the subject of filiation in the the background of the problems caused by reproductive technologies. It analyzes some ambiguities of contemporary law and the profound difference between the systematic implications of the two paradigms. It links the orientations of the jurisprudence of the European Court of Human Rights with the basic lines of Italian legislation and jurisprudence. It ends with an analysis of the constitutional jurisprudence on the subject of homogenitoriality.
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