Are law and love compatible or are they opposed? Do they belong to logics in mutual conflict? Traditionally, the law has enclosed love in the only legitimate parameter of marriage: a public law contract, supervised by the State, based on social stability, the procreation and education of children and bearer of a hegemonic morality.
Today we are witnessing a progressive recognition of the rights of love in the legal order. But if the law wants to get closer to love, it must abandon any pretense of domination over it and technically transform itself into an open discourse, capable of capturing and accepting contingency, variability and even irrationality. Above all, in the face of life, law must be willing to give way to non-law. That is why Stefano Rodotà wonders if it is possible to have a low-institutionalized love that respects changing identities without taking refuge in the security of a constrictive past.