Diritto e differenza sessuale

Translated title of the contribution: [Autom. eng. transl.] Law and sexual difference

Fabiana Cristofari

Research output: Chapter in Book/Report/Conference proceedingChapter


[Autom. eng. transl.] A comparison of some jurisprudential cases and national and international legislative references, in terms of reproductive / family technologies, highlights an implicit ethical-juridical relativism that conditions the solution of the single cases: the "desire" to have a child seems to act as " transcendental ”, the foundation of every legitimate and“ entwining ”reality of a“ new network ”of family law whose“ jerseys ”are now“ dilated ”, now“ restricted ”(single-parent models), in accordance with a discipline that does not offer one answer, but tends to modulate it in relation to the parties involved. Therefore, the doubt could emerge of being able to disregard the idea of a single family model with which to compare the practice, to instead promote a right open to various forms of family structures that are respectful of the interests of the unborn child, given that it would have to be demonstrated that the "traditional" family model (stable, parentage and heterosexual) is to be preferred over the single-parent or homosexual model. In this context, the essay, using the contributions of psychology, proposes to deal with the relevance of the sexual difference for the law considering as if on the one hand it is true that there is no direct correlation between the double heterosexual presence of the parents and their educational attitude; on the other hand, it must be admitted that what is at stake is much more than some subjective attitudes: it is a matter of recognizing the ineffable nature of relational structures constituting sexual difference, relational structures determined by heterosexuality (the "sexed" refers to the masculine and to the female) and from the heterosexuality of the parents (the "sexual" refers to a behavior, sexuality). In this sense, the parent-child and heterosexual family constitutes "the fundamental generative and regenerative place of sexual difference" and, therefore, also the constitutive place of that dual symbolic code on which human thought is based and the relationship of full intersubjective reciprocity. The right is responsible for mediating between what is technically possible and what is legally licit, evaluating the consistency of the conflicting subjective situations through an analysis of their relational content. The moment in which, as has been shown, the relevant consequences are lacking for an integral development of the identity of the unborn child. A careful examination of the problem shows how the erosion of the traditional family appears as an aspect of a wider phenomenon, proposed by gender studies, corresponding to the "decoupling" of nature from culture, of the body from the mind, of sexual difference from the "gender "And corresponding, therefore, to the erosion of the very concept of personal identity. The "obsessive claim to reject any limit, anything that is other than itself" - the rejection of the otherness of the body, of gender and of generation - "hides a subtle form of nihilism. It is a psychoanalytic nihilism, the narcissistic dissolution of everything that cannot be traced back to the ego, which tends to become juridical nihilism, when human rights seem to be constructed for this unlimited strengthening of the will "(AMATO S.," Biogiurisprudenza: from the genetic market to the regulatory self-service ", Giappichelli, Torino, 2006, pp. 153-4).
Translated title of the contribution[Autom. eng. transl.] Law and sexual difference
Original languageItalian
Title of host publicationIdeología de género
Number of pages19
Publication statusPublished - 2011


  • differenza sessuale
  • tecnologie riproduttive


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