Biopolitica: fondamenti filosofico-giuridici
Pubblicato: aprile 30, 2009
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Autori
Professore Ordinario di Filosofia del Diritto, Facoltà di Giurisprudenza, Università degli
Studi di Roma "Tor Vergata"; Presidente dell'Unione Giuristi Cattolici Italiani (UGCI), Italy.
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The reflection of Francesco D'Agostino proceeds from a brief presentation of the genealogy and subsequent developments of the concept of "person" in Western culture, focussing specifically on the recent and abstract identification positivistic between the concept of person and the concept of "subject of law "- and its consequent manipulation by the pragmatic legislation. This paradigm is now in crisis, as shown by the neverending discussions about the legal framework of the "bios", and in particular the difficulties to contain by the legislation every temptation of the excesses of the biopolitics: neither the empiricist attempt to rehabilitate the concept proceeding from the ability to self-determination, appears very serious and theoretically persuasive. More promising is instead the proposal to return to a foundation of law in person and in his concrete corporeity: going beyond the proposals of Stephen Rodotà, originally compared with the personalism of Elio Sgreccia, D'Agostino suggested to take seriously the idea of "biography" to rediscover an integrated and relational concept of the human person. In this commitment, the transition from the concept of "body" to concept of "flesh" promises many theoretical consequences, because the concept of flash is much more dense in terms of philosophical and theological thought: as well as by its reference to the intrinsic vulnerability, both for its structural openness to the relationship with the other and with the christian God, just appeared in the flesh.
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