Per Marina. La costruzione giuridica dell’inferiorità della donna
Starting from the publication of a recent volume by Marina Graziosi, the author addresses the issue of the legal construction of women’s inferiority. There have been essentially three argumentative strategies to support the discrimination of women in constitutional and criminal law. The first consis...
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| Publicat a: | URI:https://journals.openedition.org/tp, |
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| Autor principal: | |
| Format: | Article ou chapitre numérique |
| Idioma: | Italien |
| Publicat: |
Teoria politica
2025
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| Accés en línia: | Accès Université d'Orléans et IFPM |
| Sumari: | Starting from the publication of a recent volume by Marina Graziosi, the author addresses the issue of the legal construction of women’s inferiority. There have been essentially three argumentative strategies to support the discrimination of women in constitutional and criminal law. The first consists in invoking tradition, referring to the figure of infirmitas sexus, present sporadically in Roman law, but elevated to a true theoretical category by jurists of the early modern age, such as Tiraquello and Farinaccio. The second consists of the comparison between civil and public law, which have always recognised women as having less legal capacity than men, and criminal law, in the context of which the lesser imputability of female persons is theorised. The third is provided by science, which, in the 19th century, claimed to demonstrate the inferiority of women’s intellectual functions from the specificity of their bodies. This construction of women’s inferiority, also shared by liberal jurists, was possible because the civil and political freedoms established in the modern age were thought of exclusively as freedoms of the male subject. In particular, man’s freedoms included the inviolability of the domicile, of which woman was considered to be a man’s right. It was precisely liberalism, by freeing men, that reduced the freedom of women, relegating them to the domestic sphere, where their husbands rule, and where for a long time the law could not enter. |
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