The Vindicatory Roots of Civil Sanctions. From Roman Law to E.U. Intellectual Property Law Via U.S. Punitive Damages Model

ThisChaptersplitintotwoparts.Thefirstpartraisesthegeneralquestion, from a historical perspective (and following this book’s general theoretical premise), whether there exists an original function of ‘vindicatory justice’ in the Italian civil liability system. The Chapter will analyze this issue also studying the role of punitive damages, whose acknowledgment has been recently admitted in the Italian legal system. The second part examines some specific rules of the Italian civil liability system presenting peculiar profiles with respect to ‘traditional’ ones, to assess whether the legislative construction of these rules may have been affected by the ancient function of ‘restorative’ revenge.