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Il moderno diritto al figlio. Riflessioni biogiuridiche a partire dal Giudizio delle due madri di Re Salomone
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Maternity is nowadays invested by possibilities of medical and technological control and management, which are transforming modalities and timing of procreation and birth, and for this reason it is characterised by new and controversial juridical situations. Constantly reduced to mere procreative capability and to women's reproductive right, it is addressed and result of biomedical interventions and daily practices - contraception, abortion, artificial fertilisation, prenatal diagnosis and foetal selection - which ask more and more the intervention of bioethics and law, not only to analyse ethical and legal questions arising from the manipulation of bodies and lives, but some more to try a pre-comprehension of ethical, cultural and philosophical dimensions which are assailing maternity. In particular, the most recent debate on constitutional legacy of some rules of law n. 40/2004 on medically assisted procreation in Italy - especially with regard to the prohibition of heterologous fertilisation - is pressing public opinion and jurists about a supposed "right to child" which has not been recognised within our juridical order but which is supported by a juridical international culture, full of bioethical and social implications. Starting from these considerations, this contribution aims to propose some philosophical and juridical considerations on the ambivalence of maternity, which is so well expressed in such a modern and actual way by the biblical tale on King Salomon's judgement towards the two mothers. The feminine pain for sterility - which asks for time and spaces to be worked through - is one of the aspects that reproductive technologies try to repress, undoing every possibility to catch the deep sense of sterility as human condition, besides the authentic value of maternity as acceptance and gift.
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