Moving from a thought on the authentic meaning of the constitutional personalism, the paper tries to clarify how the constitutional models of the natural parenthood and the family “based on marriage” are not simply a historical contingency. They are rather an essential element of a constitutional project promoting human relationships based on mutual recognition. Those models, in fact, shall cooperate to ensure the dignity of the human birth. Therefore, the relativization of those models is related to a transformation of the constitutional project into an individualistic perspective. Nevertheless, the individual rights strategy could itself convey ideological views. It is rather required to restore the reputation of the constitutional personalism.
Positing the lack of general provisions on anonymous complaints, the paper examines the – often contradictory – indicators that can be inferred from public law regarding their admissibility. Taking into consideration administrative case-law, the research sheds light on the widespread use of anonymous complaints, which makes the question of their compatibility with the general principles governing the exercise of administrative action within a democratic system even more pressing.
The essay examines possession in Roman law, focusing on possessor pro herede and possessor pro possessore. The subjective element of both of them is analysed. In the light of the testimonies of the Latin jurists, namely Ulpian and Gaius, the definitions and features of the two different types of possessores are studied, taking into account the impact of the psychological state (good or bad faith) in order to constitute one type of possession or the other.
It is obvious that law, without words, is inconceivable. What this essay tries to argue is that they are still more important. Words, once adopted by statutes and interpreted to be applied, become the true dominant entities in the struggle for law.