The multifunctionalism of tort law and the legal venue of Italian "punitive damages" (between political philosophy, policy considerations, and legal technique
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Abstract
The paper analyzes the judgment of Italian Supreme Court (Corte di cassazione) held in July 2017 and focuses on the various relations (in terms of legal technique, policy considerations and political philosophy) between individual liability and social-responsibility. The Italian path to "punitive damages" offers a good example of the expansion of the social dimension of the contemporary tort law, in order to maximize both individual freedom and liability; thus, freedom and liability depict the political axes of an open society.
Keywords
- Functions of Tort Law
- Punitive Damages
- Remedies
- Individual Liability
- Social Responsibility
