Continuità e metamorfosi nella tutela dell'onore

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Authors: Claudia Pucci
Cited by: 0

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