Inclusive definitions of legal concepts in Italian: possibilities, limits and a case study

Abstract

The traditional use of the generic masculine in the Italian legal language has been criticised for being sexist. Therefore, the paper examines the possibilities and limitations of drafting inclusive definitions of legal agentives in Italian. In particular, it outlines the challenges encountered when rewriting definitions of legal agentives within a terminology database with the help of four undergraduates. The challenges include the need to balance inclusion of all genders with preserving the correct legal meaning, while maintaining comprehensibility and clarity. The abstract nature of legal agentives – which may refer to both natural persons and legal entities – raises questions about some feminine forms. Legally defined agentives may prove difficult to modify to achieve inclusive forms due to the risk of losing intertextual references that ensure legal certainty and of hindering a consistent interpretation of legal concepts. Inclusive definitions of legal agentives in Italian are feasible, but going beyond binary inclusion may be complicated. In-depth legal knowledge is required to propose inclusive and legally accurate alternatives to definitions in the generic masculine.