The Author examines the concept of «relational goods» from the perspective of the Italian constitution, which comprehends a section devoted to «social-ethical relationships» with provisions in the first four articles of principles on family and health. This part of the constitution, which is linked to the fundamental article 2, stresses the relational dimension of man and the nexus between fundamental human rights and the principle of solidarity. Moreover, the evolution of the law of obligations implies that human relationships are undoubtedly an important aspect, in particular within the context of the principle of good faith. However, in the last decades the influence of the libertarian movement, reinforced by globalisation and the new economic relationships, leads to a deconstitutionalization and a reshaping of the Italian legal system. This system tends now to be highly influenced by the model of individualistic self-ownership and consequently severed from its constitutional roots. Examples of this trend described by the Author are drawn from family law and the right to health. In the first case, the concept of marriage is transformed into a contractual one based only on the right to individual happiness without any space for a communal happiness within the family. Moreover, filiation is transforming, particularly thanks to biotechnologies, into a new concept which can no longer be considered as a true relationship with its concomitant set of responsibilities, but rather the consequence of an act of self-determination of an adult. In the second case, the concept of health is evolving into a subjectivistic one, erasing the basis of communication and solidarity between physician and patient and thus also dissolving the foundations of public healthcare.

Nicolussi, A., Beni relazionali e diritto dei rapporti etico-sociali, in Aa.Vv, A., Beni relazionali, Mimesis, Sesto San Giovanni 2014: 27-45 [http://hdl.handle.net/10807/66162]

Beni relazionali e diritto dei rapporti etico-sociali

Nicolussi, Andrea
2014

Abstract

The Author examines the concept of «relational goods» from the perspective of the Italian constitution, which comprehends a section devoted to «social-ethical relationships» with provisions in the first four articles of principles on family and health. This part of the constitution, which is linked to the fundamental article 2, stresses the relational dimension of man and the nexus between fundamental human rights and the principle of solidarity. Moreover, the evolution of the law of obligations implies that human relationships are undoubtedly an important aspect, in particular within the context of the principle of good faith. However, in the last decades the influence of the libertarian movement, reinforced by globalisation and the new economic relationships, leads to a deconstitutionalization and a reshaping of the Italian legal system. This system tends now to be highly influenced by the model of individualistic self-ownership and consequently severed from its constitutional roots. Examples of this trend described by the Author are drawn from family law and the right to health. In the first case, the concept of marriage is transformed into a contractual one based only on the right to individual happiness without any space for a communal happiness within the family. Moreover, filiation is transforming, particularly thanks to biotechnologies, into a new concept which can no longer be considered as a true relationship with its concomitant set of responsibilities, but rather the consequence of an act of self-determination of an adult. In the second case, the concept of health is evolving into a subjectivistic one, erasing the basis of communication and solidarity between physician and patient and thus also dissolving the foundations of public healthcare.
Italiano
978-88-5752-929-5
Mimesis
Nicolussi, A., Beni relazionali e diritto dei rapporti etico-sociali, in Aa.Vv, A., Beni relazionali, Mimesis, Sesto San Giovanni 2014: 27-45 [http://hdl.handle.net/10807/66162]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10807/66162
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