Abstract

The paper explores Francesco Carnelutti’s conception of ius in corpus in marriage. It tries to show how Carnelutti’s view is radically different from medieval and modern tradition. We know that canon law speak of the ius in corpus as a «right of the body». In modern political and legal thought, philosophers like Locke and Kant speak about marriage as a voluntary compact which consists mainly in such a right in one another’s bodies. In Carnelutti, ius in corpus serves to separate and distinguish the right of sexual enjoyment from the right over someone elsÈs body