The privatization of Family Law: limits, gaps, backlashes

Di Maria Rosaria Marella -

This article comes in four parts. The Author will firstly sketch the features of Family Law exceptionalism and reconstruct the way in which, to her sense, the privatization of the family structures the regulation of domestic relations. Then she will tackle those areas of familial relationships which are interested by a tendency to resist privatization. In Part III the Author explains why another feature of the privatization of the family, the defeat of intrafamilial immunity in tort, turns out to be a backlash against the modern/privatized family. To conclude she will explore a specific limit to privatization, the politics of the best interest of the child, which does not instantiate a form of resistance to the new paradigm, nor triggers a backlash against the modernization process in the name of the restoration of old family models, but instead epitomizes the emergence of another competing new paradigm based on identity politics and human rights.