Le nuove vie della giuridificazione del corpo. | The new ways of legalising the body.

Abstract

This paper aims to analyse the relationship between the law and the body from a legal and philosophical perspective.

The presupposition of the following remarks is that the technological development is the defining feature of the modern societies. This phenomenon has relevant implications on the languages describing the body and its disposability. The enigma of the body, which has always concerned the philosophical thought, is nowadays of great importance, since it is a privileged position from which to look at the modernity.

The law, that has always taken the corporeity into account, is concerned with the emersion of the digital persona, which now more than ever calls for appropriate protection.

The investigated matter recalls the distinction between personality rights and property rights. The existential situations can be subject of agreements that entail a non-contractual nature. Yet, market-alienability and non-patrimonial interest get to be strictly entangled in the case of contracts regulating aspects of one’s identity, in which case existential components remain.