Il diritto delle famiglie nel pluralismo delle formazioni familiari e delle relazioni affettive

Abstract

The volume offers a systematic reinterpretation of the law of persons and families from a plural and constitutionally oriented legal perspective, guiding the reader through an analytical and reconstructive path that traverses the main stages of family legislation, the most significant judicial openings and the insights of the most attentive doctrinal scholarship, in constant dialogue with the cultural and social transformations of our time. Overcoming the rigidities of the 1942 codified framework and the semantic ambiguities inherent in the singular expression "family law", it critically questions the legitimacy of a legal model exclusively centered on the matrimonial family, proposing a reformulation of traditional categories in light of cultural pluralism, supranational sources and the centrality of the person. From this emerges the transition from “family law” (singular) to “law of families” (plural), which thus becomes the hallmark of a new phase in contemporary legal experience, marked by the progressive recognition of multiple affective models and relational structures, premised on the recognition of the “right to family” as a general, ordering and foundational principle.