L’idea di natura, il diritto canonico e lo specchio infranto della sessualità umana. Riprendendo, un quarto di secolo (o qualche era geologica?) dopo, un dialogo mai interrotto con Giuseppe Caputo

The article considers the fundamental changes occurred in recent decades about the human sexuality and its expressions. Sexual freedom claimed by the political and social movements of ‘68, the separation of sexuality from procreation, the battle to overcome the homosexual prejudice, have determined the crisis of marriage as an institution and have opened a new page in human history. The new border is represented today by the theories of gender, according to which sexual identity depends largely on the choices and the willingness of each person. The order of nature (and the sexual differences to it related) seems so exceeded. Through this paradigm shift we can «read» the affirmation of the domination of technology. The State legal systems follow these guidelines. Progressively, they qualify behaviors once considered transgressive as legitimate and positive attitudes. Not so Canon law: it can not renounce to the idea of nature and to the conception of sexuality that comes from it. The self-determination is not, for the ius Ecclesiae, an absolute and boundless value: as it seems, conversely, for secular rights. The author carries out its arguments in a sort of dialogue at distance with his Master, Giuseppe Caputo. So are taken up and discussed, almost twenty-five years after his death, the most significant passages of his works on sexuality and marriage in Canon law are taken up and discussed, in a comparison with what is happening today.