In the name of the father and mother. A semiological reflection on the identity function of the surname and on the new selection and assignment criteria in Italy

Abstract

In Italy, since 27 April 2022, the Constitutional Court has made it mandatory for children to have the surnames of both parents, but above all it has established for the first time the right to attribute only that of the mother. The reasons for the sentence in question refer to the identity of the minor which, in the opinion of the judges, resides in the surnames of the two parents. But what is meant by identity? And what is a name (and a surname)? Is it the natural unity between the surname and its bearer or a conventional relationship based on understanding a Sinn and identifying a Bedeutung? The subject of this article intertwines a question of linguistic logic with a series of problems concerning the right to name offspring. The contribution proposed here intends to reflect on the aforementioned plot, paying particular attention to the semiotic configuration of the relationship between identity, name and referent/individual.