AN ASSESSMENT OF THE BIOLOGICAL DAMAGE IN ITALIAN LEGAL FRAMEWORK
AN ASSESSMENT OF THE BIOLOGICAL DAMAGE IN ITALIAN LEGAL FRAMEWORK

Summary/Abstract: Non-pecuniary damage in itself is related with the human being, in his inner moral, biological and existential aspect. Compensation for non-pecuniary damage and its study are of great importance. Logically, it may be raised the question: What about the individual as a human being, can he/she be valued? According to Aristotle, justice is an instrument of adapting the law to the concrete case. Whereas, referring to Scholasticism, justice is the rule of the concrete case. Through the above statements, we understand that for Aristotle justice stood in the "beyond" view of the concrete case, defining the applicable norms from the right "law" ideal, whereas for the jurists of Scholasticism, justice stood in the "inside" view of the concrete case, emphasizing all those features that justified an adaptation with the pre-existing norms, but never the creation of new norms. Therefore, it seemed that the individual was valuable for what he/she was, not for what he/she produced. In this situation, it was deemed necessary to be found a standard economic value and the compensation of the damage occurred to be personalized based on defined criteria. In the present research paper, through a legal assessment, special attention has been paid to the biological damage in the Italian legislation, aiming to analyze the legal provisions and he judicial practice of the Italian courts in this regard.

• Details
• Contents