Family’s ontology in front of Law’s challenges

Are legal standards capable of regulating the immediately human like of family ties? The exploratory interest of the question is twofold: the research contributes to a theoretical exploration of the family institution; the research aims to demonstrate the practical insufficiency of legal norms for the promotion and protection of the ancient and new reality that is the family. The specialized technical interpretation methods with Karol Wojtyla (1998) in law, love and responsibility, made it possible to distinguish in order to better harmonize family law and family in law. Situated in the perspective of a positive and institutional rereading of law and the family, our contribution has reached a result that can be proposed in the two aspects as following: -i- under the institutional aspect, the legal norm will not be sufficient to regulate the family in its object, but legal standards are necessary in the management of shared things ; -ii- from the judicial aspect, the contested legality of family law and the weak creative power of the judge commits the jurist, an artisan of justice and peace, to the paths of a messianic commitment to the family institution.