Abstract

In this paper we will consider the supposed changes of postmodernity in the family. In this respect, we will focus on a few moral-legal perspectives, but to the extent that they will reveal the new dimensions regarding family life and what the current life dominated by technology and excessive somatization implies. The family thus based on the traditional marriage has evolved into a modern form, now reaching what we call the postmodern family. Under the influence of human rights, the specific legal framework of each country and other related laws, at present, each member of the family can be in control of his body and his social and even intimate relations, etc. The equality thus enshrined between the members of the family has led to the situation in which the biological differences have lost their consistency. At the same time, in the family field, the common morality and the religious conscience were outdated and even replaced with the secular values. What was decades ago completely forbidden (adultery, same-sex sexual intercourse, prostitution) is no longer necessarily sanctioned or promiscuous. In this regard, the intimate life knows a kind of relaxation. About all the dimensions reported here, we will discuss further in detail.

Highlights

  • The present paper addresses the issue of the mutations suffered by the family institution

  • From the perspective of law, the family is based on marriage, a term which, in Romanian law has two meanings: on the one hand it is a legal act concluded by the persons who wish to marry, and on the other it is a legal situation

  • Under the impact of legal rules, the family has become more of a kind of cold partnership that fails to take into account the In-Sein/In-Der-Welt-Sein (Heidegger, 2002)

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Summary

Introduction

The present paper addresses the issue of the mutations suffered by the family institution. The denial of fundamental rights (such as marriage or family formation, adoption, etc) implies only a postponement, as more and more countries have allowed, through their legal framework, that same-sex persons who form a couple have the right to form a family, to have children, to have the right to inheritance in the event of the death of one of the partners. Regarding gender identity, this is defined from the moment of the birth of a person according to the physical and genetic qualities that allow the identification as a man or as a woman.

Bioethical and legal challenges in the field of family
Assisted human reproduction and the influence of new technologies
Family from the Perspective of the Philosophy of Law
Conclusions

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