Evolution of Legal Subjectivity as Private Law Category in the New Italian Constitution

This chapter examines the historical and legal development of human relations with the natural world, particularly with animals, through the lens of private law. Traditionally, legal subjectivity has been limited to natural and legal persons, granting humans exclusive rights over the environment and non-human entities. This domination-based approach, codified in private law, has contributed to environmental degradation and the objectification of animals and plants. Recent legal developments, such as the 2022 amendments to Articles 9 and 41 of the Italian Constitution, mark a shift towards a protection-oriented legal framework/principle. These amendments recognize the state’s responsibility to protect biodiversity, ecosystems and animal welfare, highlighting a shift from domination to guardianship and linking vulnerability to sustainability. However, challenges remain, particularly with the rise of biotechnology and artificial intelligence, which threaten to further reify human and non-human entities. The chapter argues that real legal progress requires a redefinition of legal subjectivity to emphasize its responsibilities rather than its rights. This shift parallels changes in family law, where parental authority has evolved into parental responsibility. The discussion highlights the urgency of promoting a legal system that prioritizes ethical stewardship over exploitation, making technological progress a tool for ensuring a sustainable future for all living beings.