Heterologous fertilization between science and law: what future is expected?

AutorArianna Alpini
CargoResearcher of Private Law and Professor of Rights of the Personality at the University of Sannio
Páginas188-194
R.E.D.S. núm. 7, Julio-Diciembre 2015 ISSN: 2340-4647
Págs. 188-1ͻ4
HETEROLOGOUS FERTILIZATION BETWEEN SCIENCE $1'/$:
WHAT FUTURE IS EXPECTED? 1
ARIANNA ALPINI
Arianna Alpini is Researcher of Private Law
and Professor of Rights of the Personality
at the University of Sannio
Fecha de recepción: 20 de octubre de 2015
Fecha de aceptación: 10 de noviembre de 2015
1. The legal system is not limited to the law itself but includes, as noted, a number of
internal and external sources which reveal the central role of the case law, in particular the
Constitutional Court and the European Court of Human Rights. The Constitution lies at the
top of the hierarchy that is the identity of our country in the Italo-European system. The
Constitution has introduced principles and values directly applicable to relations among
individuals who require adjustments in any rule to constitutional legality. The system is
more open than ever (arts. 11 and 117 flights.) and dynamic, a continuous process
unstoppable where values change constantly to the changing society and culture. However
the relationship between society and law is two-way: the law is not a mere photograph of the
real since the judicial system affects society directing and promoting the aspects worth of
protection, in accordance with the fundamental principles on top of which there is the person
and his dignity (art. 2 cost.). Article 2 cost. foresees the protection and promotion of both the
person as single individual and in social groups. The social group for excellence is the family.
The philosophy of our system, therefore, is relational: personalist and solidaristic2. Art. 2
cost. is an open clause, however, it should be noted that the person is not the result of a sum
of rights but is not reducible entity, since to the person inviolable rights should be recognized
linked to the values of the person and to the principle of solidarity that prevents a generic
1 This report repeats, with the addition of some bibliographic notes, the paper presented at the interdisciplinary
conference entitled "Heterologous fertilization between ethics and law: what future?”, which was held November 21,
2015 in the Conference room of the Hospital of St. Mary of Terni.
2 P. PERLINGIERI,
Riflessioni sull’inseminazione artificiale e sulla manipolazione genetica
, in
Iustitia
, 1989, p. 93 ss.,
and now in ID.,
La persona e i suoi diritti
, Napoli, 2005, p. 169 ss. Research on the philosophical foundation of our
legal system by comparing positive jurists and philosophers: ID.,
Filosofi del diritto e civilisti a confronto
, in AA.VV.,
Soggetti e norme, individuo e società
, Napoli, 1987, p. 173 ss.
ABSTRACT: The legal system is not limited to the law itself but includes, as noted, a
number of internal and external sources which reveal the central role of the case law, in
particular the Constitutional Court and the European Court of Human Rights. The Constitution
lies at the top of the hierarchy that is the identity of our country in the Italo-European system.
The Constitution has introduced principles and values directly applicable to relations among
individuals who require adjustments in any rule to constitutional legality.
KEY WORDS: Law sources, case law, Italo – European System, fertilization.

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