I difficili transiti della famiglia nel nuovo mondo e l'irrinunciabile alterità del diritto canonico

It's common perception as the most brilliant and incisive revolution consumed in the anthropology and in the law, in the second part twentieth century, concerns the conception of the body, sexuality, social and family order. The final divorce between sexuality and procreation has resulted in a separationbetween religious cultures and the contemporary context, which evolves on the command of technique. Canonic law can not agree this idea of progress. The personalistic vision, which informs the canonical marriage after Vatican II, can not be confused, in fact, with modern subjectivism. The same equality between man and woman is not understood, in ius Ecclesiae, as a mere arithmetic equality of rights and duties. The idea of nature here is crucial to defining canonical marriage and the relationship between spouses. The same idea is in conflict with theories of gender and with the claim of a total lordship of man on the determination of sexual identity. According to the latest gender-queer theories, male and female polarities must be mobile and available at the change of identity determined, from time to time, by subjective will. Canon law can certainly arrive these latitudes, being anchored to an incontrovertible content contained in the first pages of the book, according to which " ...man and woman created he them."