Continuità e metamorfosi nella tutela dell'onore
Abstract
This article examines the evolution of legal protection of honour by tracing its origins to the Roman law concept of iniuria, regarded as the historical archetype of the protection of personal dignity. Through an analysis of classical sources—from the Twelve Tables to praetorian developments and the Justinianic codification—the study reconstructs the gradual transformation of iniuria from an offence primarily concerning bodily harm into a broader legal instrument safeguarding moral integrity and individual reputation. Building upon this historical-dogmatic framework, the article connects the Roman category of iniuria with the modern offences of defamation and insult, particularly in light of the decriminalization of the latter within the Italian legal system. The analysis further addresses the challenges posed by contemporary digital communication environments, focusing on the dissemination of offensive content through social media platforms and on the reconfiguration of the notion of the victim’s “presence” in online interactions. From this perspective, the study argues that the digital transformation of communication requires a systematic reinterpretation of the traditional legal categories protecting honour, while simultaneously highlighting the enduring analytical relevance of Roman legal concepts for understanding contemporary forms of reputational harm.
Fields of Study & Subjects
Freedom of Expression and Defamation
Legal principles and applications
Law
Rights
and Freedoms
Publication details
- Journal / source
- Aequitas Magazine
- Publication date
- 8 March 2026
- Language
- EN