When conceptual autonomy leads to in the (autonomous) absence: Where is moral damage going? A revision of Italian case law

Abstract

The starting point of this brief itinerary within the jurisprudence of legitimacy is constituted by the famous sentences of San Martino, pronounced by the United Sections in November 2008, a true and proper crucial moment concerning the subject matter of attention. If this is the starting point, it is not yet possible, on the other hand, to identify a real moment of conclusion of this path, since the point of arrival, far from being reached, looks more and more like a mirage. However, within this ( secular ) litaniae sanctorum, one may sometimes come across some statements that could be peacefully defined as unexpected, if not surprising: small deviations, in short, from the usual path of argumentation that struggle to fit into the latter in a logically coherent way, generating not a little confusion in the jurist

Keywords

• jurisprudence
• theory of law
• damages
• morality
• justice