Di Marco, Rudi
Del diritto di autodeterminazione della persona. Questioni teoretiche, rilievi teorici, profili giuridici nel problema bio-giuridico. [Tesi di dottorato]

The enquiry focuses on the problem of the self-determination of the human person, in the bio-legal context, in reference to current experience. The aim of the Work is to show that the right of self-determination, as a subjective right, cannot be understood with the ?-legal categories typical of modernity, unless one commits a petitio principii which causes the right to clash with the Legal system, by identifying it effectively as a right virtually open to the legitimation of substantial anarchy, thereby …. identifying effectively it as a right virtually open to the legitimation of anti-legality towards and against oneself. The proposal and the contribution offered by these reflections, then, aim at proposing a “authentically legal (i.e., philosophical-theoretical) reading” of human self-determination, as the self-determination of the (axiologically) human will of the subject, and hence as the self-determination of the rational and responsible will of the person, which claims the righto behave and does behave in conformity to its nature. Then, by precisely exercising the right of self-determination – understood as we to, obviously –, the subject cannot bring about a conduct guided by the pure, Hegelian self-will, i.e. a conduct brought about without any criterion apart from authentic willing. By contrast, the subject excises and must exercise a legitimate and intrinsically juridical choice, among equally legitimate and equally intrinsically juridical options. The path followed for the analysis and the development of the above themes was articulated in five parts, each corresponding to a chapter. In the first part the preliminary issues of the relation between freedom, will and subjective right was dealt with: the aim was to show that a right which is intrinsically such does not certainly represent a limitation to the exercise of human freedom, but it represents a means for freedom and for its maximization; in the second, part, then, the main problem has been read and defined at the light of the so called self-determination about one’s body: the investigation has dealt with the relationship between the person, which is the subject in itself, and the body in which and through which it exists; indeed, it cannot but be what it is by nature and then… it cannot but bear an objective rational essence (naturae rationalis individua substantia), which is in itself normative and regulative of human conduct (including conducts of the subject towards itself). Going on with the short summary of contents, the third chapter of the Work has carried on the analysis of the mentioned issues, by focusing on the so called reproductive self-determination, in connection with the problem of the framing of a right to set the premises for reproduction: the issues was dealt with on the base of the objective condition of the perspective parents and of their attitude, as a couple, to self-determination in a family which is human in itself. At this point, the discussion has turned to the analysis of the problems concerning the self-determination of persons in the sphere of the family – the topic of the fourth part of the Research. This allowed taking into account – in a systematic frame – the positions of all the subjects involved in the so called family reality, in connection with the structure, the nature and the function of their rights and their obligations. The last part of the Work, finally, aimed at glancing at contemporary legal experience, both at the level of court decisions and national legislation, at the level of the European Convention of Human Rights and – although only partially – at the international level. The investigation, then, allows considering the way in which the problems and the issues dealt with represent an authentic Gordian knot for those who work in the legal sphere, regardless of the levels at which they are called to carry out their offices

In relazione con http://paduaresearch.cab.unipd.it/7872/
IUS/20 - Filosofia del diritto

Tesi di dottorato. | Lingua: | Paese: | BID: TD16055096