Abstract
[Machine translation] This study explores the crisis and the possible overcoming of the traditional ontological and hierarchical distinction between people and things, the foundation of legal discourse since ancient times. Legal categories, although conceived as a priori classification schemes, are in tension with the rapid and complex evolution of contemporary social, cultural and economic reality. This crisis reflects a weakening of the dualism between subjects and objects, the root of the traditional Western paradigm that separates internal (human) and external (non-human) nature, and is manifested through phenomena of hybridization and conceptual confusion. The analysis aims to evaluate the relevance of the summa divisio inherited from Roman law, questioning its ability to represent the epochal transformations of our time. In conclusion, reflections and conceptual alternatives are proposed to accommodate entities and situations that escape traditional legal categories.
| Translated title of the contribution | [Machine translation] Neither people nor things: deconstructive guidelines for a conceptual renewal of the 'sum divisio' |
|---|---|
| Original language | Italian |
| Pages (from-to) | 359-388 |
| Number of pages | 30 |
| Journal | RIVISTA CRITICA DEL DIRITTO PRIVATO |
| Volume | XXXIX |
| Issue number | 3 |
| Publication status | Published - 2021 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 13 Climate Action
Keywords
- Persone
- beni
- cose
- diritto civile
- ibridi
- natura
- soggetti
- summa divisio
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