Il problema della responsabilità civile (compensativa) in un mondo asimmetrico

First, this paper analyzes italian tort law in light of the purposes that, ordinarily, are recognized for it within the western legal tradition. Once verified, through empirical analysis, that (only) compensatory damages do not always prove to be suitable to fully achieve these purposes, especially with regard to intentional and lucrative torts, the various rationales of ultra-compensatory damages are outlined in a systematic way. Furthermore, the Author looks at the actual approach taken by Courts, which, at times, tend to use “punitive damages” in a disguised way, while formally saying that they respect the traditional principle of “full compensation”. Lastly, also with the aim of bringing the civil punishment out of the shadows, the Author proposes to rebuild a figure of ultra-compensatory damages within the boundary of Article 2059 of the italian Civil Code, in order to make the remedy (generally) predictable and avert the risk of arbitrary rulings.