Personalized tort law? The diligence, which innervates the assessment on which the indictment of civil liability is based, is usually morphed – because of the impossibility of disciplining the infinite variety of real situations with specific rules – according to general and objective terms, aiming to identify the conduct deemed reasonably due in the specific circumstance. It is, therefore, a paradigmatic example of a general clause, whose application is en-trusted to judicial concretization, necessarily implemented ex post: with ensuing problems in terms of know-ability/ predictability when the operator is called to make the ex ante choices that matter. This setting repre-sents the best course based on normal incompleteness of available information. But the explosion of com-putational power in the so-called fourth revolution discredits this structural limit and raises a question that might otherwise appear bizarre: is it possible, and perhaps desirable, to proceed with a personalization of civil liability?
Responsabilità civile su misura? / Pardolesi, Roberto. - In: DANNO E RESPONSABILITÀ. - ISSN 1125-8918. - XVI:5(2021), pp. 533-539.
Responsabilità civile su misura?
Roberto Pardolesi
2021
Abstract
Personalized tort law? The diligence, which innervates the assessment on which the indictment of civil liability is based, is usually morphed – because of the impossibility of disciplining the infinite variety of real situations with specific rules – according to general and objective terms, aiming to identify the conduct deemed reasonably due in the specific circumstance. It is, therefore, a paradigmatic example of a general clause, whose application is en-trusted to judicial concretization, necessarily implemented ex post: with ensuing problems in terms of know-ability/ predictability when the operator is called to make the ex ante choices that matter. This setting repre-sents the best course based on normal incompleteness of available information. But the explosion of com-putational power in the so-called fourth revolution discredits this structural limit and raises a question that might otherwise appear bizarre: is it possible, and perhaps desirable, to proceed with a personalization of civil liability?File | Dimensione | Formato | |
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