Disagreement of the Concept of Family. From Patria Potestas to the Modern Family

Abstract

This article is a socio-legal analysis of the current society being in a conflict of generations and ideas
about the role of the family and its historical evolution from the rules of the Roman law to the new trends in
the regulation of the matrimonial framework in accordance with the European law. Caught between tradition
and secularism, the role of the family often becomes quite ungrateful, its space often being unable to satisfy
people’s desires, feelings and choices. If the family relationships no longer correspond to all these, because
they restrict the freedom of the individual, then what else can we put instead, what is the alternative? Analyzing
objectively, we notice a trend in reconfiguring moral values with the help of legal norms as a justification
for the great anti-structural movement. The analysis reveals three major destructive trends for the family,
namely: that of responsibilities, that of delimitation and isolation of the family from society and of the
alternatives proposed to replace the traditional family. We will therefore submit this institution of the family to
a study focused on sociological, legal, spiritual but also moral landmarks as an alarm signal regarding the
obsolescence of the concept of family and its utility.