LA TUTELA DEL MI NORE E DELLE DONNE DALLE VIOLENZE ENDOFAMILIARI

Mujeres imperiales, mujeres reales, ed. by M. C. Chiriatti, R. Villegas Marin, 2021

Background 1. The continuous and assiduous research of new formulations of the contemporary 'family' makes it stimulating to revisit the notions of Roman law, which, through the mediation of canon law, reflects many of the legislations of Europe and countries that have been influenced by the tradition deriving from Roman sources 2. This, if nothing else, serves to clarify the legal concepts pertaining to the family and to understand what were the anchoring parameters of the constructions elaborated for the family. The more articulated knowledge of them does not preclude new and different (often deeply different) solutions, as in the case of same-sex unions; it does, however, serve to understand whether they can still fit within the framework of the culture and tradition of legal civilization of European matrix. Here I focus, essentially, on two aspects: the meaning and purpose of the family in the experience of Roman law and the interactions between family and community. I am, indeed, convinced that the concept of the family and the legal constructions that characterize it (in our European civilization) had deep roots in Roman law and the legal experience that was the basis of it. This is so even though I do not underestimate (while disagreeing with them to a great extent) the 'reasons of those who argue that Roman law is completely outdated and cannot be recalled in the present day, since we have long been faced with the expectations of technological civilization far removed from the Welthanschauung of the agrarian-pastoral society, which was the basis of the Roman experience and which deeply permeated Roman law. This topic is difficult and would require complex and articulate analyses, which have long since been the subject of insightful and lavish doctrine. Therefore, I do not intend to go into the complex issue and numerous literature that has accompanied it, but I would only like to dwell on less highlighted aspects, as a whole and in their connections with each other. Here, I would only like to focus on the less analyzed aspects, as a whole and in their mutual connections. I think they reveal what and how many contributions certain constructions of Roman law can make to the elaboration of concepts and solutions for the 'family of today,' giving it profiles of great relevance in the current day to day life. The concern that I would like to clarify refer to the importance of the principles of the Roman law that are still relevant in our times and are able to show how far removed from the roots of our civilization are the claims of being able to find the family from individualistic visions and ideas. Traslazione in Inglese a cura del dott. Michele Tafaro. It would be useful to revisit points that have long been known to interpreters and have been the subject of reflection and clarification as far back as antiquity. 2. Marriage of 'classes'. For a long time Eurocentric prejudice has prevented us from grasping many common features between the ancient civilizations of the Mediterranean area and 'primitive' societies. Where we lose such a prejudicial view and make use of comparative ethnography, we are able to grasp characteristic aspects of human aggregation that are very divergent from today. In them it seems certain the existence of forms of kinship without degrees, which is a consequence of the original equality of siblings of equal sex. The point was brought out effectively by Lewis H. Morgan, through his investigations of certain groups of North American Indians in the second half of the last century and to the findings of ethno-anthropological research. It is well known that Morgan, in studying the marriage customs of the Iroquois of North America, noticed a mismatch between the kinship terminology used and the marriage system in place, in America and (more generally) in the geopolitical area of the West, which was that of a couple family. Among 'native' Americans, sons extended the appellation of father to their father's brothers as well and the appellation of mother to their mother's sisters as well. In turn, adult males called children not only their own natural children but also the children of their brothers, while adult females extended the appellation of son also to the children of their sisters. The same appellations did not, however, extend to cross-uncles (mother's brother, father's sister); nor to sisters' children (for men) and brothers' children (for women). From the above, Morgan hypothesized the existence of a more ancient form of marriage: that of collective unions between groups of brothers and groups of sisters. For this purpose he spoke about a 'classificatory' kinship system, originally axed on 'matriarchy'. Subsequent research has confirmed the existence, among various populations, of this form of marriage; moreover, it is attested by sources concerning peoples of antiquity, from Indo-European or properly Italic backgrounds, and it is reflected not only in certain aspects of the Roman religion, but also and above all in the Latin names of kinship. It should be emphasized that these practices are dated back to high antiquity, of which there are obviously no more traces in the Rome of the historic age. Only the principle of equality of siblings and descent from forms of collective marriage can explain the structure of a group such as the gens and its kinship without degrees. It is controversial whether, in fact it was the gens (clan) that was the first form of aggregation of men. In this regard, Franciosi has argued that the familia, as we know, was born and established at a later stage within the gens on the basis of the introduction of monogamous marriage and the privatization of collective wealth. I have recently expressed my doubts on this point, speculating that a very small nucleus, which only by approximation we can refer to the 'familia,' may have preceded the formation of larger structures having 'political' values, such as the gens. Traslazione in Inglese a cura del dott. Michele Tafaro. 3. Matriarchy? As long as humans lived by pure gathering (hunting, fishing, spontaneous gathering of the fruits of the soil and subsoil) the aggregating or institutionalizing elements of marriage forms were extremely tenuous. Marriage was exogamic, as Caesar attests for the Britons, who married in groups of ten or twelve (deni duodenique), mostly through series of brothers (maxime inter se fratres) and series of sisters. At this stage, wealth and prosperity were created by both sexes, as Tacitus points out when speaking about the Finni. While the fertility necessary to ensure more wealth procurers was the prerogative of women, giving precisely the female sex priority and superiority. Precise evidence of this has been found, revealed by archaeology, corroborated by the few but circumstantial sources relating to early antiquity. All of which seem to converge on one aspect: the exclusion of an actual subordination of the female to the male; indeed, "from a whole frame of reference, which also takes into account aspects of the earliest religiosity, there emerges a greater social importance of the woman. I speak of social importance, not matriarchy or gynecocracy, which represent only institutional projections of patriarchal society in societies that did not know forms of despotic domestic power.". In this regard, great credit must be given to Bachofen, who, albeit perhaps too radically and exaggeratedly, argued for the superiority and prevalence, in the earliest forms of societal organization, of women, hypothesizing the existence of a regulatory and commanding power of women, best defined by the term Frauenherrschaft (woman's command/rule), which he preferred to the customary Mutterrecht (mother's law); the Swiss jurist and scholar on the basis of much evidence from the sources relating to some ancient peoples such as, Lycians, the Lydians, the inhabitants of the Balearic Islands, hypothesized the pre-eminence of women flowing from the type of unions aimed at procreation. Originally there were not individual marriages, but marriages of a collective nature, and in relation to them there was not a supremacy of man over woman in the sense of the Roman family, but a social superiority of woman over man, since the first discoveries, are the work of women. The scholar argued that three periods would follow one another: agamy or promiscuity followed by matriarchy, and finally patriarchy. This would be matched by the fact that the most ancient deities would also have been women. Throughout the planet, in fact there is a significant flowering of female deities, mostly related to the 'primary' function of the birth of life, procreation, fertility. There has, in this regard, been talk of the GREAT DEA, at the origin of the world and/or the universe: certainly of life. After all, the Earth itself was seen as a female deity, Gaia , while the Phrygian Cybele, imported into Rome as Magna Mater , was even regarded as the 'Mother of the gods'. Next to whom should be mentioned, as deities of birth, the cult of Mater Matuta and the goddess Bona (Goddess of fertility), also called 'great mother'. She was a pre-Roman Italic Goddess and not from Greece, although there was later assimilation with Traslazione in Inglese a cura del dott. Michele Tafaro.

Olio su tela, cm. 92x76

Se consideriamo l’incontro etnografico da un punto di vista fenomenologico, possiamo dire che il primo impatto con il campo è con certezza sensoriale ed emozionale. Di più, possiamo affermare che l’esperienza del terreno pone in crisi le nostre certezze più intime e ci obbliga a confrontarci con ambienti, situazioni e sensazioni spesso molto differenti, che ci impongono di ripensare le nostre categorie percettive1. Tuttavia, come vedremo, per gli stessi presupposti metodologici che hanno de nito l’etnogra a come pratica di ricerca, le emozioni, così come i sensi, sono state un oggetto di studio piuttosto trascurato dalla comunità antropologica. Presentando le principali discussioni disciplinari sulle emozioni, quest’articolo pretende in primo luogo ripensare i limiti degli approcci classici dell’antropologia basati sulla dicotomia natura/cultura. In secondo luogo, si affronterà la spinosa questione della raccolta etnogra ca delle emozioni, osservando gesti, sentimenti, linguaggi e pratiche rituali legate alla morte in un contesto a noi distante geogra camente e culturalmente. Considerando le emozioni come campo, metodologia di ricerca e strumento privilegiato di trasmissione della conoscenza, presenterò in ne le strategie di ricerca legate al concetto di risonanza proposto dall’antropologa norvegese Unni Wikan, e le mie riflessioni e proposte per un’antropologia capace di commuovere e di creare ponti di comprensione al di là delle evidenti differenze culturali.

Acta historiae medicinae XXXV , 2016

2005

A catarata em árvore de Natal é um tipo raro de opacificação do cristalino caracterizado por depósitos policromáticos em forma de agulhas no córtex profundo e no núcleo do mesmo, que podem ser isolados ou associados a outras opacidades. Neste estudo relatamos e registramos, por meio de fotografias, dois casos deste tipo de opacidade cristaliniana.

The theme of death in the laudari of the white disciplini in the alpine area The central idea of the essay is to highlight a common feeling that unites the laudari (books of laudi) of the most ancient white disciplini (flagellants confraternity). From the meditation on death, the conviction that salvation is within everyone’s reach is born because God’s gift it is free and generous gift. Death in this perspective is nothing but the point of passage that will allow everyone to reap the fruits of what was sown. Then not a path of mortification and penance, but rather a gym of perfection in which the collective dimension is essential. in "MEMENTO MORI - Ritualità, immagine e immaginario della morte nelle Alpi" a cura di Luca Giarelli, Tricase 2018.

Antiquité Classique 87, 2018