The course explores the plurality of family models present in society and in law with a critical and comparative look.
The main objectives of the course are: 1. To understand the load-bearing structures of family law in their ability to concretely determine the conformation and modes of interaction of couple and filiation relationships, gender roles in the family and society, and the manner of distribution of wealth produced within the family; 2. To know the legal forms of the "right to love," i.e., the ways of access to the legal family as a means of (a) accepting the plurality of affective ties and (b) enjoying citizenship, understood as the fullness of the right to have rights; 3. To learn the dynamics of interaction between family, market and civil society in light of the constitutional principles of equality, dignity, solidarity and self-determination.
Translated with DeepL.com (free version)
The main objectives of the course are: 1. To understand the load-bearing structures of family law in their ability to concretely determine the conformation and modes of interaction of couple and filiation relationships, gender roles in the family and society, and the manner of distribution of wealth produced within the family; 2. To know the legal forms of the "right to love," i.e., the ways of access to the legal family as a means of (a) accepting the plurality of affective ties and (b) enjoying citizenship, understood as the fullness of the right to have rights; 3. To learn the dynamics of interaction between family, market and civil society in light of the constitutional principles of equality, dignity, solidarity and self-determination.
Translated with DeepL.com (free version)
teacher profile teaching materials
Family and market, special law and general law;
The family between public and private;
The constitutionalization of the family;
The so-called privatization of domestic relations;
Family, subject of law and identity;
The Missing View: family and gender.
2. Sexuality and family in contemporary law
Sexuality, gender, and identity: from claiming differences to anti-identity critique;
LGBT+ families and identity;
Civil unions;
The 'Cirinnà system' of conjugality;
Beyond the couple: polygamy and polyamory.
3. Between status and identity. The best interest of the child and the legal construction of parenting.
At the origin of the centrality of the child;
The right to bigenitoriality;
The authoritarian face of neoliberal family law;
Parenting and citizenship.
4. Between privatization and identity: the entry of civil liability into family relations
The demise of the principle of immunity in civil law: the Italian case;
Intrafamilial torts and the modernization of the law of domestic relations;
The decline of the Doctrine of Intrafamilial Immunity in Tort in North American case law
5. Law and Care Work.
What is social reproduction? Why law must recognize the value of care;
The legal status of care in Family Law;
The divorce allowance;
The remuneration of caregiving beyond family law.
6. Gender-based domestic violence.
The Istanbul Convention
The notion of economic violence
The measures of protection in family law
Programme
1. The exceptionalism of family law.Family and market, special law and general law;
The family between public and private;
The constitutionalization of the family;
The so-called privatization of domestic relations;
Family, subject of law and identity;
The Missing View: family and gender.
2. Sexuality and family in contemporary law
Sexuality, gender, and identity: from claiming differences to anti-identity critique;
LGBT+ families and identity;
Civil unions;
The 'Cirinnà system' of conjugality;
Beyond the couple: polygamy and polyamory.
3. Between status and identity. The best interest of the child and the legal construction of parenting.
At the origin of the centrality of the child;
The right to bigenitoriality;
The authoritarian face of neoliberal family law;
Parenting and citizenship.
4. Between privatization and identity: the entry of civil liability into family relations
The demise of the principle of immunity in civil law: the Italian case;
Intrafamilial torts and the modernization of the law of domestic relations;
The decline of the Doctrine of Intrafamilial Immunity in Tort in North American case law
5. Law and Care Work.
What is social reproduction? Why law must recognize the value of care;
The legal status of care in Family Law;
The divorce allowance;
The remuneration of caregiving beyond family law.
6. Gender-based domestic violence.
The Istanbul Convention
The notion of economic violence
The measures of protection in family law
Core Documentation
M.R.Marella, Il diritto di famiglia nella società contemporanea, Jovene, 2025, forthcomingReference Bibliography
recommended reading: M.R. Marella (cur.), La violenza domestica e la responsabilità civile nel nuovo diritto di famiglia, Pacini editore, 2025, forthcomingAttendance
attendance is strongly recommendedType of evaluation
Conversation on the topics and materials that have been discussed in class.