22/05/2024 08:30 - 12:00

HALL: FATESI - MAUROLICO B

Proponent: Ferrante M.

Chair: D'Arienzo M.

Speaker: Balsamo F., Daniele O., D'Arienzo M., Di Prima F., Ferrante M., Fronzoni V., Gagliardi C., Sammassimo A., Testa Bappenheim S.

One prominent sign of the processes of secularization that have occurred since the 18th century has been the gradual detachment of positive law and legal institutions from the religious models to which they originally referred. Perhaps the most striking example, for Western societies, is that of the discipline of marriage, where an enduring process has progressively distanced the institution from its original (canonical) paradigm, increasingly mitigating its specificities, in the name of an "integral" application of the principle of equality and deference to the autonomy of the individual and his choices. But there is no shortage of examples elsewhere to be found that tell of an intervening distance between the civil model and the marriage archetypes proposed by other confessional orders, which provide models of great interest to jurists interested in how a 'law that precedes man' comes to bind personal relationships in the matter.
In particular, those who study the interweaving between law and religions look not only at the unfolding of these disciplines, and the enduring of the relevant paradigms; but also at the "bridges" that may allow for technical civil relevance to them, in defense of inalienable identities and instances, not least because of a changed framing of the paradigm of state neutrality (as a synthesis not of ideals to which reality can be adapted but of principles to be reshaped, for the sake of practical needs for pacification and respect for rights)